Page 18 - GSTL_13th August 2020_Vol 39_Part 2
P. 18

xvi                           GST LAW TIMES                      [ Vol. 39
                                        a Policy matter, Courts cannot give sermons to legislature on this issue -
                                        It is not a case of petitioner that amount is being  misutilized against
                                        statutory mandate - Accordingly, present writ petition, inter alia, mainly
                                        not maintainable on this ground alone - Article 226 of Constitution of
                                        India — Binty v. Union of India (Del.) .......................... 132
                                     Writ petition - Legal vis-à-vis sympathetic view - Utilization of Consumer
                                        Welfare Fund - Legally cause of action is missing in writ petitions filed by
                                        petitioner for utilization of amount of Fund ibid for a particular Hospital
                                        - However, petitioner has  tried to give  a colour of nobility to garner
                                        sympathy of Court - This attempt to garner sympathy, even if cause is
                                        sincere, cannot infuse legal strength in petition - Article 226 of
                                        Constitution of India — Binty v. Union of India (Del.) ................. 132

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