High CourtsFull Bench(1969) 11 MAD CK 0032

M. Haji Mohamed Ismail Sahib and Co. vs The State of Madras

Madras High Court · Decided on 19 November 1969 · Citation: AIR 1970 Mad 378 : (1970) ILR (Mad) 43 : (1970) 26 STC 73

HON’BLE JUDGES
K. Veeraswami, C.J · Somasundaram, J · Natesan, J
RESULT
Dismissed
CASE NUMBER
T.C.M.P. No. 66 of 1966 (Review) in T.C. 209 of 1963

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 200 words

K. Veeraswami, C.J.—We are not satisfied that there is any substance in this review petition. It is said that Firm A.T.B. Mehtab Majid and

Co. Vs. State of Madras and Another, was a fact and that having not been placed before the Court when T. C. No, 209 of 1963 was disposed of

that will be within Section 12-B(7)(a) of the Madras General Sales Tax Act, 1939. That clause says that this court might, on the application either

of the assessee or of the Deputy Commissioner, review any order passed by it under Sub-section (4) ""on the basis of facts which were not before

it when it passed the order"". Though prima facie those words may bring in a case like the one under consideration, we are inclined to think that the

power being one of review, the general principles applicable to that power, which are so well settled by now, should be borne in mind in assessing

the scope and effect of Section 12-B (7) (a). Obviously, review is not intended to correct the laches or omission or negligence of the parties in not

placing the relevant decisions before court. On that view, the petition is dismissed. No costs.