Jump to full article: Kantipur Publications Pvt. Ltd. (np), 2007-07-23
Author: Kantipur Report
Intro: The Supreme Court on Sunday ordered a review of its controversial verdict on Surya Tobacco Pvt. Ltd, ruling that the nearly 10-year old judgment flouted the set apex court precedents.
Justices Anup Raj Sharma, Bal Ram KC and Rajendra Kumar Bhandari ordered a review in response to a plea filed by Finance Ministry on behalf of the government in 1998. The review order came after a closed-door discussion of the justices today.
Passed by the then Justices Hari Prasad Sharma and Harish Chandra Prasad Upadhyay on April 8, 1998, the verdict had nullified the government decision to collect Rs 135.982m excise duty from the tobacco company as per appendix 3 (note 2) of the Finance Act 1993.
While nullifying, the court had then ruled that the "note" should not be taken as substantive law. When the verdict was passed, the present King Gyanendra, the then prince, was holding majority shares in the company. . . .
The verdict is considered one of the most controversial ones in Nepal's judicial history. Even the parliament had discussed the verdict.
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