Case Note & Summary
The judgment is an order of the Supreme Court of India dated 15 September 1997, delivered by a bench comprising the Chief Justice of India, Sujata V. Manohar, and B.N. Kirpal. The petitioner, M/s. Faridabad CT Scan Centre, had filed a special leave petition against the Directorate General of Health Services and others. The order recorded that the special leave petition had been dismissed by an earlier order dated 16 December 1996 passed by a two-judge bench consisting of Verma, J. (as he then was) and Kirpal, J. The present bench noted that a subsequent judgment had been delivered by another two-judge bench of K. Ramaswamy and G.B. Pattanaik, JJ., in a similar matter titled Mediwell Hospital & Ors., decided in 1997. The text of the order is truncated and does not contain the full operative directions or the reasoning of the court. The advocates appearing for the petitioner were Pradeep Jain and Ms. Manjula Gupta, while N.K. Bajpai and W.A. Qadri appeared for the respondents. No statutory provisions or sections were cited in the available portion. The court did not state any legal principles or ratio decidendi; it merely referred to the procedural history and the existence of a similar judgment. Consequently, the final decision, if any, beyond the reference to the earlier dismissal and the subsequent judgment, cannot be determined from the extracted text. The case appears to involve issues relating to the import of CT scan equipment and customs duty exemption, but this is not explicitly stated in the fragment.
Headnote
A) Civil Procedure - Special Leave Petition - Dismissal - Not mentioned - The special leave petition was dismissed by a two-judge bench of the Supreme Court on 16.12.1996; another two-judge bench delivered a judgment in a similar matter, Mediwell Hospital & Ors., in 1997; the present bench noted these facts in its order dated 15.09.1997. Held that the petition had been dismissed and the matter was being considered in light of the subsequent judgment. (Paras 1-1)
Issue of Consideration
13784
Final Decision
The Supreme Court, in its order dated 15.09.1997, noted that the special leave petition had been dismissed by an earlier two-judge bench on 16.12.1996, and referred to a subsequent judgment of another two-judge bench in Mediwell Hospital & Ors. The final operative direction is not available in the extracted text.
