1987 (4) TMI 74

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..... estions of law suggested by the appellant on the ground that the dismissal of a special leave petition by this court seeking to appeal against the decree passed in First Appeal No. 157 of 1972 concluded the matter. We think that the High Court erred in taking that view. The special leave petition was rejected in limine and there is nothing to indicate that this court expressed any view on the meri .....

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..... in First Appeal No. 157 of 1972 was binding, the questions of law proposed by the appellant would have arisen. Having regard to the facts and circumstances of the case, we have come to the conclusion that the aforesaid questions call for consideration and that a statement of the case should be referred to the High Court by the Appellate Tribunal. Accordingly, we allow the appeal and direct the Ap .....

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