Thread by @barandbench

#SupremeCourt hears plea seeking to consider goods and services at par.

Adv: raises a point which will benefit lakhs and lakhs of consumers

Justice Sanjay Kishan Kaul: High Court can examine it in detail

Adv: HC does not have the power to issue directions under Article 142

Justice Hemant Gupta: how can the service provided by a doctor be equated with that of a good?

Advocate Hemant Gupta: The court has held it in a number of judgments. Legislature in 1986 services were given greater scope and goods were given lesser

Adv Gupta: The horizon of services was expanded by an amendment. There was a further amendment brought them at par

Justice Kaul: what are you challenging?

Adv Gupta: from 2003 goods and services are at par. but because of typographical error it is not at par

#supremecourt

Justice Kaul: Write to the concerned department or the legislature

Advocate Gupta: i have written and there is a RTI reply to this

Justice Gupta: if you are challenging vires of the act please approach the high court

Advocate Gupta: okay i will withdraw

Justice Kaul: you are challenging a parliamentary law. please come to the point and don't challenge it on the basis of administrative action.

Justice Kaul: you have taken so much of our time. Please show one case which says deliberation is less so an act can be challenged. you are challenging the 1986 act because there has been an amendment. that cannot be done

Justice Kaul: petition dismissed. The petitioner is under a misconception of how a legislation can be challenged and not on the basis of an administrative point.

#supremecourt