Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 - Arts. 141 Constitution of lndia 14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950 — Arts. 141, 14 ~ Scheme for sale of coal by electronic auction (e-auction) by Coal Company (CCL), a public sector undertaking — Said Scheme declared ultra vires in Ashoka Smokeless Coal Industries (P) Ltd.’s case — in Central Coalfields Ltd. and Eastern Coalfields Ltd. case direction issued to refund excess amount recovered by the Coal Companies from the coal consumer with 6% interest, which became payable to them consequent upon the scheme being declared bad in law — Thereafter, instant coal consumer filed writ petitions against Coal Company before the High Court claiming refund of excess amount charged with 6% interest — Single Judge allowed the writ petition — However, the Division Bench set aside the order of the Single Judge — On appeal, held: Once this Court decided the issue in the case of Eastern Coalfields Ltd. by passing a reasoned order, a fortiori, the ratio decidendi deciared in the said decision was binding on all the Courts in the country for giving effect to it while deciding the lis of the same nature — Both the courts below were under legal obligation to have taken note of the said decision and then should have decided the wnt petition/ appeal in conformity with the law laid down therein, because controversy involved in both the cases was similar in nature — Approach of the two courts below in deciding the issue |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 298 |
Petitioner | S.j. Coke Industries Pvt. Ltd. Etc. |
Respondent | Central Coalfields Ltd. Etc. |
SCR | [2015] 4 S.C.R. 818 |
Judgement Date | 2015-04-08 |
Case Number | 3399 |
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