TIOL-DDT 321 · Monday, 13 March 2006 · story 6 of 6

Non est - non-existent; lacking

From decisions:

++ Unless, the High Court is satisfied that the show cause notice was totally non est in the eye of law for absolute want of jurisdiction of the authority to even investigate into facts, writ petitions should not be entertained for the mere asking and as a matter of routine and the writ petitioner should invariably be directed to respond to the show cause notice and take all stands highlighted in the writ petition -

++ where an order passed is a non est or illegal order, its validity can be challenged at any stage of the proceedings

++ Credit available on the strength of a valid DEPB only and if the same is forged, it is non est, therefore, there is no valid DEPB

++ the law declared by this Court is binding on the Revenue/Department and once the position in law is declared by this Court, the contrary view expressed in the circular should per force lose its validity and becomes non est. -

It makes no difference whether a good man defrauds a bad one, nor whether a man who commits an adultery be a good or a bad man; the law looks only to the difference created by the injury.

(Aristotle (384-322 BC)

Until tomorrow with more DDT and the budget

Have a nice day.

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