SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]
4 years, 3 months ago

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged.When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review. The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court, the three judge bench observed. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court.

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History of this topic

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Trending News
5 days, 18 hours ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
4 weeks ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month, 2 weeks ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC
1 month, 4 weeks ago

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. In this regard, the Court referred to Top Court's judgments in …

Review of SLP Dismissal Order: Can the Delhi High Court Modify the Order?
2 months, 2 weeks ago

Review of SLP Dismissal Order: Can the Delhi High Court Modify the Order?

Live Law  

The Delhi High Court has allowed the review of an order of dismissal of an SLP filed against an order passed under section 17(2) of the Arbitration Act. The court held that if an order of dismissal of the SLP is a non-speaking order and no reasoning has been given by the Hon‟ble Supreme Court for the same, then review …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
4 months, 3 weeks ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

Supreme Court Reiterates Prima Facie View That Second SLP Cannot Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn
4 months, 3 weeks ago

Supreme Court Reiterates Prima Facie View That Second SLP Cannot Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn

Live Law  

The Supreme Court bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra reiterated its prima facie view that in cases where a special leave petition was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP does not exist. The bench said that this case clearly established that the principles under Order 23 …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
5 months ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court
5 months, 1 week ago

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court

Live Law  

The Supreme Court, through its order dated July 19, reiterated that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order. “This Court made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
7 months, 3 weeks ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Gauhati High Court Denies Interim Relief To Allow MP Naba Kumar Sarania To Contest Polls Over SLCSC Order Stating He Doesn't Belong To ST Community
9 months ago

Gauhati High Court Denies Interim Relief To Allow MP Naba Kumar Sarania To Contest Polls Over SLCSC Order Stating He Doesn't Belong To ST Community

Live Law  

The division bench of Gauhati High Court on Wednesday set aside an interim order by a single bench which suspended an order passed by the State Level Caste Scrutiny Committee which opined that Naba Kumar Sarania, a sitting Lok Sabha member from Kokrajhar constituency does not belong to Bodo/Bodo Kachari community, which is a recognized ST community in Assam. Further, …

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court
1 year, 5 months ago

Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by …

SC sets aside AP high court stay on probe into Amaravati land scam
1 year, 8 months ago

SC sets aside AP high court stay on probe into Amaravati land scam

Deccan Chronicle  

Vijayawada: The Supreme Court has set aside the Andhra Pradesh High Court ordering a stay of two GOs to probe the Amaravati land scam and opined that the HC is expected, instead, to decide and dispose of the writ petitions. It would have been better, had the HC permitted the contending parties to complete the pleadings and thereafter decided on …

Supreme Court Sets Aside Andhra Pradesh High Court Order Which Stayed Probe Into Amravati Land Scam; Asks HC To Reconsider
1 year, 8 months ago

Supreme Court Sets Aside Andhra Pradesh High Court Order Which Stayed Probe Into Amravati Land Scam; Asks HC To Reconsider

Live Law  

The Supreme Court on Wednesday set aside the Andhra Pradesh High Court order which stayed probe into the Amravati Land Scam, in a plea moved by the Andhra Pradesh government. The Andhra Pradesh government had challenged a High Court order passed in September 2020 staying the government orders sanctioning the constitution of a Special Investigating Team to probe into the …

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process
1 year, 8 months ago

Supreme Court Deprecates Practice Of Filing Applications In Disposed Of SLPs To Side-Step Arbitration Process

Live Law  

The Supreme Court has reiterated that the courts normally ought not interfere with arbitral proceedings, especially till the time an award is not passed. The top court has deprecated the practice of filing applications in disposed of Special Leave Petitions in order to side-step the arbitration process, adding that the said applications must not be entertained by the court. The …

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order
1 year, 9 months ago

Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order

Live Law  

The Gauhati High Court recently refused to entertain a review petition against a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of CPC stating that there were no grounds mentioned in the petition on which a review can be allowed. The petitioner approached the High Court challenging the maintenance order of the Additional District Judge on …

Supreme Court Reserves Judgment On Andhra Govt's Challenge Against HC's Stay On Probe Into Amaravati Land Scam
2 years, 1 month ago

Supreme Court Reserves Judgment On Andhra Govt's Challenge Against HC's Stay On Probe Into Amaravati Land Scam

Live Law  

The Supreme Court on Thursday reserved judgement on an appeal preferred by the Andhra Pradesh government challenging a High Court order staying the government orders sanctioning the constitution of a Special Investigating Team to probe into the allegations of land scam in Amaravati during the previous dispensation under the Telugu Desam Party. These two government orders came under the scanner …

Supreme Court Issues Notice On Plea Against Disqualification Of Anekal Town Municipal Council Members
2 years, 7 months ago

Supreme Court Issues Notice On Plea Against Disqualification Of Anekal Town Municipal Council Members

Live Law  

The Supreme Court on Thursday issued notice on a SLP preferred by Members of Anekal Town Municipal Council, who were disqualified by the Karnataka State Election Commission, challenging the Karnataka High Court's order of upholding their disqualification. The vacation bench of Justices MR Shah and Aniruddha Bose while considering the SLP assailing High Court's order dated May 30 and April …

IT Rules 2021 : Supreme Court To Hear Centre's Challenge Against Interim Orders Of High Courts On July 19
2 years, 7 months ago

IT Rules 2021 : Supreme Court To Hear Centre's Challenge Against Interim Orders Of High Courts On July 19

Live Law  

The Supreme Court on Thursday posted to July 19 the hearing of the Centre's petitions challenging the interim orders passed by High Courts staying some provisions of the Information Technology Rules, 2021. The Centre has also filed petitions to transfer the cases in the High Courts to the Supreme Court. As regards the Centre's plea to vacate the interim orders …

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs
2 years, 10 months ago

"Causes Great Inconvenience" : Supreme Court Criticizes Last Moment Filing Of Additional Documents In SLPs

Live Law  

The Supreme Court, in an order passed last month, criticized last moment filing of additional documents in Special Leave Petitions.By not filing the application for additional documents at the time of filing the Special Leave Petition but filing the same at the last moment and on the previous day of the posting of the Special Leave Petition and many a …

Supreme Court Dismisses Plea Challenging Stay On HC Direction To Enforce Delhi CM's Speech Promising Rent Relief
2 years, 10 months ago

Supreme Court Dismisses Plea Challenging Stay On HC Direction To Enforce Delhi CM's Speech Promising Rent Relief

Live Law  

The Supreme Court on Monday dismissed the challenge to the September, 2021 order of the Delhi High Court division bench temporarily staying the Single Judge order making promises extended by Chief Minister Arvind Kejriwal for payment of rent on behalf of poor tenants enforceable. A bench comprising Justice DY Chandrachud and Justice Surya Kant was considering a special leave petition …

Supreme Court Refuses To Entertain Suvendu Adhikari's Petition Challenging WB Speaker's Refusal To Disqualify Mukul Roy
2 years, 10 months ago

Supreme Court Refuses To Entertain Suvendu Adhikari's Petition Challenging WB Speaker's Refusal To Disqualify Mukul Roy

Live Law  

The Supreme Court on Friday refused to entertain a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC.A bench comprising Justice L Nageswara Rao and Justice BR Gavai gave liberty to Adhikari to approach the High Court …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
2 years, 10 months ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 11 months ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
2 years, 11 months ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court
2 years, 11 months ago

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

Live Law  

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High CourtThe bench noted that the petitioner had earlier withdrawn the Special Leave Petition. The …

Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First
3 years ago

Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order, the Supreme Court recently deprecated the practice of filing a second application u/s 438 of the Code of Criminal Procedure after the rejection of the first one. The bench of Justices Ajay Rastogi and AS Oka noted that the High Court on November 10, 2020 had rejected petitioner's first …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 1 month ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

'Frivolous Litigation By State': Supreme Court Dismisses Uttarakhand Govt's SLP Against Reduction Of Sentence To Accused Without Opposing It Before HC
3 years, 2 months ago

'Frivolous Litigation By State': Supreme Court Dismisses Uttarakhand Govt's SLP Against Reduction Of Sentence To Accused Without Opposing It Before HC

Live Law  

Frivolous litigation by the State, the Supreme Court remarked while dismissing a special leave petition filed by the State of Uttarakhand.The State had filed an SLP against a High Court order in a criminal appeal that reduced the sentence pf an accused in relation to the offence under Sections 307/34 IPC to rigorous imprisonment of four years and five months …

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court
3 years, 2 months ago

SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a special leave petition against only a review order passed by High Court is not maintainable.In this case, the SLP against the original order passed by the Allahabad High Court was dismissed by the Apex Court on 18.12.2020 without granting any specific liberty to file a review application before the High Court. The Supreme Court …

Doctrine Of Merger Not Applicable To Order Dismissing SLP; But If The Order States A Principle Of Law, It Is Binding : Supreme Court
3 years, 3 months ago

Doctrine Of Merger Not Applicable To Order Dismissing SLP; But If The Order States A Principle Of Law, It Is Binding : Supreme Court

Live Law  

Even though the doctrine of merger is not applicable to an order dismissing a special leave petition, if such an order states a principle of law, it will be binding on all courts and tribunals in the country, held the Supreme Court. The Doctrine of Merger was summed up by the Supreme Court in Kunhayammed and Others v. State of …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 4 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus
3 years, 6 months ago

Supreme Court To Hear On July 5 Pleas Seeking Withdrawal Of Cases Over 2015 Assembly Ruckus

Live Law  

The Supreme Court on Tuesday decided to hear next Monday, July 5, State of Kerala's plea seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015. After the Kerala Government approached the Supreme Court, the six accused members also filed petitions in the Supreme Court seeking …

Supreme Court Weekly Round Up [29th March to 4th April 2020]
3 years, 9 months ago

Supreme Court Weekly Round Up [29th March to 4th April 2020]

Live Law  

Seriousness Of Charge Relevant Factor: Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady DoctorCase: State of Kerala vs. Mahesh Citation: LL 2021 SC 192The bench comprising Justices Indira Banerjee and Krishna Murari set aside the Kerala High Court order which granting bail to a man accused murder of a lady doctor and observed. Seriousness Of Charge …

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court
3 years, 9 months ago

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court

Live Law  

"When the Bombay High Court closed the door, we opened it and we said that it cannot be shut completely. In the Arnab Goswami decision, penned by Justice Chandrachud, the top court had noted that the Bombay High Court's reliance on Jeelani was misplaced as the ruling in Jeelani arose in a situation where the High Court had declined to …

SLP Filed Only Against 'Review Order' Of HC Not Maintainable, Reiterates Supreme Court
3 years, 10 months ago

SLP Filed Only Against 'Review Order' Of HC Not Maintainable, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that Special leave Petitions filed only against the order of the High Court in Review Petition is not maintainable. "It is now not open to the petitioners to seek leave of this Court to file Special leave petitions only against the review order in view of the judgment of this Court in the case of Municipal …

No Coercive Action Against 'Roshni Act' Beneficiaries For Now, Centre Tells Supreme Court; SC Asks J&K HC To Hear Review Petitions
4 years, 1 month ago

No Coercive Action Against 'Roshni Act' Beneficiaries For Now, Centre Tells Supreme Court; SC Asks J&K HC To Hear Review Petitions

Live Law  

The Solicitor General on Thursday told the Supreme Court that no coercive action will be taken for now against the beneficiaries under the 'Roshni Act', which has been declared as unconstitutional by the Jammu and Kashmir High Court in October.The submission was made before a bench headed by Justice N V Ramana during the hearing of petitions filed against the …

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court
4 years, 1 month ago

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court

Live Law  

The Supreme Court has observed that the the dismissal of special leave petition is of no consequence on the question of law.In this case, the Division Bench of the High Court set aside the Single Bench judgment that allowed the writ petitions for the grant of 9/16 years' time bound revised promotional scale to the petitioners. The Supreme Court has …

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge
4 years, 1 month ago

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge

Live Law  

Retired Andhra Pradesh High Court Judge, Justice V. Eswaraiah. has moved the Supreme Court against a Division Bench order of the Andhra Pradesh High Court which directed an investigation into a an alleged private phone conversation between him and a suspended District Munsif Magistrate of Andhra Pradesh after alleging that the phone call disclosed a "serious conspiracy" against the High. …

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]
4 years, 2 months ago

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]

Live Law  

All Courts in this country are bound by the judgment of the Apex Court, the Supreme Court remarked while disposing a special leave petition on Thursday.Justice RF Nariman led bench was considering an SLP filed against a Madhya Pradesh High Court judgment in a land acquisition matter. All Courts in this country are bound by the judgment of the Apex …

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 3 months ago

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]

Live Law  

The Supreme Court has held that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. The petitioner assailed this order passed by the High Court by filing a writ petition under Article 226 with a …

'Matter Needs Early Decision By HC' : SC Says While Declining To Entertain Plea Against Andhra Pradesh HC's Stay On Three Capital Law
4 years, 4 months ago

'Matter Needs Early Decision By HC' : SC Says While Declining To Entertain Plea Against Andhra Pradesh HC's Stay On Three Capital Law

Live Law  

The Supreme Court on Wednesday refused to entertain the plea for vacation of stay passed by the the Andhra Pradesh High Court on the formation of three capital cities in the State.A bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah stated that they were not inclined to interfere in the interim order which was first passed on …

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]
4 years, 8 months ago

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]

Live Law  

The High Court may decline to entertain a writ petition when it raises complex questions of facts, the Supreme Court has reiterated. In this case,one Atmanand Singh had filed a writ petition before the High Court praying for direction to Punjab National Bank to pay his lawful admitted claims in terms of agreement and also to deposit the income-tax papers …

Non Speaking Order Dismissing SLP Does Not Attract Doctrine Of Merger, Reiterates SC [Read Judgment]
5 years ago

Non Speaking Order Dismissing SLP Does Not Attract Doctrine Of Merger, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a non-speaking order dismissing a special leave petition, does not constitute a declaration of law under Article 141 of the Constitution, nor attracts the doctrine of merger. In this context, the bench comprising Justice Mohan M. Shanthanagoudar and Justice Krishna Murari said: "It is evident that all the above orders were non-speaking orders, inasmuch …

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]
5 years, 1 month ago

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that after admitting a writ petition, there is no bar on High Court to dismiss it on the ground of alternative remedy. In this case, a writ petition was filed before the High Court challenging the order of Income Tax authority. Finally while disposing the writ petition, the High Court declined to entertain the writ …

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 4 months ago

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]

Live Law  

Can the Supreme Court interfere under Article 136 of the Constitution to quash the order of the High Court, merely on the ground of existence of an alternative remedy? A two judge bench comprising of Justice R. Banumathi and Justice Indira Banerjee recently delivered a split judgment on the issue.Disagreeing with Justice Banumathi's order setting aside a judgment of the …

In Limine Dismissal Of SLP At Threshold Neither Constitutes Declaration Of Law Nor A Binding Precedent, Reiterates SC [Read Judgment]
5 years, 8 months ago

In Limine Dismissal Of SLP At Threshold Neither Constitutes Declaration Of Law Nor A Binding Precedent, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that in-limine dismissal of Special Leave Petition at the threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent under Article 141 of the Constitution. The respondent, while defending the judgment impugned in the present appeal which held that promotions could be given under the repealed OAS Class …

Writ Petition Seeking Recall Of Directions Issued In SLP Not Maintainable: SC [Read Order]
5 years, 9 months ago

Writ Petition Seeking Recall Of Directions Issued In SLP Not Maintainable: SC [Read Order]

Live Law  

The Supreme Court has upheld the objections raised by the Registry against maintainability of a writ petition seeking to recall directions issued in a special leave petition. Later, the husband filed a writ petition seeking recall of this order claiming that it was not the part of prayer of SLP civil petition. Upholding the objection raised by Registry, Justice R. …

HC Can Consider Review petition Though SC Dismissed SLP In Limine: SC [Read Judgment]
5 years, 10 months ago

HC Can Consider Review petition Though SC Dismissed SLP In Limine: SC [Read Judgment]

Live Law  

The Supreme Court has held that a review petition is maintainable before the High Court seeking review of its judgment against which the special leave petition was dismissed in limine. In Khoday Distilleries Ltd vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. the following issue was referred to a three judge bench: Whether review petition is maintainable before the High Court …

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