In Vaibhavi Enterprise vs Nobel Cera Coat Limited, 2021 and Tanish Cerachem Private Limited vs Nobel Cera Coat Limited, 2021. The apex court held that the high court under 226 of Constitution cannot order party to modify order without hearing the other party in a case.
There is no distinction between tax and fee.
The apex court highlighted the fact that for filing curative petition, it’s mandatory to file a certificate by the senior advocate with petition.
The bench comprised of Chief justice of India N V Ramana, Justice Hima kholi, Justice surya kant observed that the offence covered under the special statute doesn’t stop the apex court and high court from using its power given under article 142 of constitution and section 482 of code of criminal procedure.
