Supreme Court · 1963 INSC 88 · Decided 5 April 1963

Chander Bhan Gosain v. ST Ate of Orissa & ORS.

Court
Supreme Court of India
Citation
1963 INSC 88 · [1964] 2 S.C.R. 885
Case number
CIVIL APPEAL No. 1398/1962
Decided
5 April 1963
Bench
S.K. DAS, A.K. SARKAR, M. HIDAYATULLAH (3-judge bench)
Outcome
Directions issued
Case type
Civil
Acts & sections cited
Constitution Article 226; Income Tax Act Section 66(2), 66(1)

Headnote

SUPREME COURT REPORTS to refer to the High Court the question of law raised in this appeal was alsc1 rejected by the High Court. It is, therefore, said that this appeal is concluded by the order of the High Court last mentioned. But it appears that this Court had granted leave to appeal from the question but he chose to prosecute the appeal against the order in the petition for the writ which wou Id have given him the same relief. Either remedy was open to him and neither can be said in the circums­ tances to be barred by the other. The appeal however fails on the merits and it is

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