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1969 DIGILAW 444 (MAD)

M. Haji Mohamed Ismail Sahib and Company v. State of Madras

1969-11-19

K.VEERASWAMI, NATESAN, SOMASUNDARAM

body1969
Judgment :- 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 & Co. v. State of Madras 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 decision before court. On that view, the petition is dismissed. No costs.