STATE OF MAHARASHTRA Vs. RATILAL VADILAL AND BROS
LAWS(SC)-1960-11-7
SUPREME COURT OF INDIA
Decided on November 15,1960

STATE OF BOMBAY Appellant
VERSUS
RATILAL VADILAL AND BROS Respondents




JUDGEMENT

Hidayatullah, J. - (1.)The State of Bombay has appealed to this Court with special leave against an order of the Sales Tax Tribunal, Bombay, dated December 6, 1957, by which the Tribunal allowing the appeal before it, set aside an order of the Collector of Sales Tax passed under S. 27 of the Bombay Sales Tax Act, 1953.
(2.)The respondents, Ratilal Vadilal and Bros., are commission agents doing business as clearing and transport contractors. On June 25, 1954, they applied to the Collector of Sales Tax, Bombay, under Ss. 27(a), (b) and (c) of the Act describing the nature of their business, citing one instance thereof, for determination of the question whether they could be called "dealers" within the Act. The Collector by his order held that they were dealers, and were required to register themselves under the Act. On appeal, the Tribunal held otherwise, and hence this appeal by the State of Bombay.
(3.)It appears that no action was taken to ask for a reference to the High Court of Bombay under S. 34(1) read with Ss. 30(1) and (2) of The Act. We have frequently noticed that all the remedies which are open to an appellant are not first exhausted before moving this Court. Ordinarily, this Court will not allow the High Court to be bypassed in this manner, and the proper course for an appellant is to exhaust all his remedies before invoking the jurisdiction of this Court under Art. 136. In the present case, however, the matter is simple, and the learned counsel for the respondents requested us to determine the question, stating that his client who was a small trader and who made the application for the clarification of the law, would be dragged through Courts once again, if we were to decide this appeal on this short point. In view of this, though we decide this appeal, we must not be held to lay down a cursus curiae for this Court.
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