Pune Municipal Corporation & Anr., (1995) 3 SCC 33. 17. In South Eastern Coalfields Ltd. v. State of M.P. & Ors.

UNION PUBLIC SERVICE vs. DR A LOKESHA

Bench: SREENIVAS HARISH KUMAR,A.S.BOPANNA

…jurisdiction of the Court must be neutralized.. A similar view has been reiterated by this Court in Mahadeo Savlaram Shelke & Ors. v. Pune Municipal Corporation & Anr., (1995) 3 SCC 33. 17. In South Eastern Coalfields Ltd. v. State of M.P. & Ors.,[(2003)8 SCC 648], this Court examined this issue in detail and held that no one shall suffer by an act of the Court. The factor attracting the applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the court; the test is whether an act of the party persuading the Court to pass an order held at the end as…

THE COMMISIONER OF INCOME-TAX vs. M/S INTEVA PRODUCTS INDIA AUTOMATIVE PVT LTD.,

Appeals are dismissed with costs

Bench: S.SUJATHA,VINEET KOTHARI

…– So long as lease of immovable property does not get determined, lessee has right to enjoy property and this right is right to property and cannot be taken away without authority of law as provided in Art.300-A of Constitution of India. 9 (2003) 8 SCC 648 Held – principle of restitution is 29 South Eastern Coalfields Ltd. v/s State of M.P. and ors. statutorily recognized in Section 144 of C.P.C. Scope of provision was wide enough to cover all kinds of variations, reversal, setting aside or modification of decree or order. The successful party can demand restitution of what i…

THE COMMISIONER OF INCOME-TAX vs. M/S ESSAR DIGITRONICS PVT LTD

Appeals are dismissed with costs

Bench: S.SUJATHA,VINEET SARAN

…– So long as lease of immovable property does not get determined, lessee has right to enjoy property and this right is right to property and cannot be taken away without authority of law as provided in Art.300-A of Constitution of India. 9 (2003) 8 SCC 648 Held – principle of restitution is 29 South Eastern Coalfields Ltd. v/s State of M.P. and ors. statutorily recognized in Section 144 of C.P.C. Scope of provision was wide enough to cover all kinds of variations, reversal, setting aside or modification of decree or order. The successful party can demand restitution of what i…