Supreme Court · 1968 INSC 310 · Decided 22 November 1968
Tilokchand Motichand & ORS. v. H. B. Munshi & ANR.
- Court
- Supreme Court of India
- Citation
- 1968 INSC 310 · [1969] 2 S.C.R. 824
- Case number
- WRIT PETITION (CIVIL) No. 53/1968
- Decided
- 22 November 1968
- Bench
- M. HIDAYATULLAH, S.M. SIKRI, R.S. BACHAWAT, G.K. MITTER, K.S. HEGDE (5-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32, 19(1)(f), 265, 226; Contract Act Section 72; Limitation Act Section 24, 30(a), 62
Headnote
Constitution of India, 1950, Art. 32-Lache.T-Fundamental right- E/Ject on. ' Petition under Art. 226-Contention raised that" provision of law is ultra vires as violating junda1nental rights-Contention not considered but petition dismissed in limine--Order of High Court if res judicata, i11 sales tax authorities directed that the sum realised as sales tax by the petitioners from their customers and paid over to the State should be refunded to the petitioners on condition that the petitioners passed on the amounts to their customers. Since the petitioners did not fulfil the con- A B
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