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Supreme Court of India 2019-04-25 allowed

M/S TRIMEX SANDS PVT LIMITED vs UNION OF INDIA

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Trimex Sands Pvt Limited challenged a High Court order disposing of a writ petition based on a counsel's statement rather than on its merits. The statement was later found to be based on incorrect briefing by an official. The Supreme Court set aside the High Court's order and remanded the writ petition for fresh consideration on merits, holding that disposing of matters based on unreliable counsel statements without addressing the substantive issues is contrary to proper judicial procedure. The Court allowed the Union of India's application while emphasizing that the High Court should decide the matter solely on merits without any influence from the appellate observations.

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Judicial Procedure High Court Powers Writ Petition Administrative Law Remand

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