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1993 Supreme(SC) 1042

M. N. VENKATACHALIAH, S. MOHAN
Vishnu Traders – Appellant
Versus
State Of Haryana – Respondent


Advocates:
HARISH N.SLAVE, Indu Malhotra, K.J.JOHN, MANISH PARIKH, Pratap venugopal

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court heard arguments from Shri Harish Salve, Senior Counsel for the petitioner, and Ms. Indu Malhotra, counsel for the respondent, who was asked to take notice (!) .

  2. The petitioner raised concerns regarding inconsistency in the conditions for granting stay orders in different benches of the High Court. Specifically, a division bench had previously ordered an unconditional stay, whereas in the present case, the bench imposed a condition requiring payment of 25% of the demand (!) .

  3. The court noted that while principles of binding precedents do not strictly apply to interlocutory orders, there is a need for consistency, uniformity, and predictability in judicial approach to similar matters. This is important to prevent grievances arising from discriminatory treatment and to ensure fairness in judicial discretion (!) .

  4. The court set aside the order under appeal and granted an interim stay for a period of eight weeks. It was indicated that the final hearing was scheduled for a later date, and if the matter was not disposed of within the stipulated period, the petitioners could seek further stay. The Chief Justice of the High Court was instructed to list all similar and connected matters before a specific bench to ensure uniformity (!) .

  5. The special leave petitions were finally disposed of in accordance with the court's directions (!) .

Please let me know if you need further analysis or assistance with this document.


(1) WE have heard Shri Harish Salve, learned Senior Counsel for the petitioner and Ms Indu Malhotra, learned counsel for the respondent who was asked to take notice.

(2) THE grievance of the petitioner is that the conditions for grant of stay vary widely from bench to bench in the High court and that while in an earlier case CWP No. 6074 of 1993 and connected cases, a division bench had ordered unconditional stay on 17/6/1993 and continued the same order on 7/9/1993, in the present case the bench had imposed a condition of payment of 25 per cent of the demand.

(3) IN the matters of interlocutory orders, principle of binding precedents cannot be said to apply. However, the need for consistency of approach and uniformity in the exercise of judicial discretion respecting similar causes and the desirability to eliminate occasions forgrievances of discriminatory treatment requires that all similar matters should receive similar treatment except where factual differences require a different treatment so that there is assurance of consistency, uniformity, predictability and certainty of judicial approach.

(4) WE set aside the order under .appeal. There will be

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Judicial Analysis

None of the case laws listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The references mainly cite the case of Vishnu Traders v. State of Haryana (1995 Supp (1) SCC 461) and mention its observations or reliance on it without any indication of subsequent negative treatment. There are no keywords such as "overruled," "reversed," "criticized," or "disapproved" associated with any of these cases in the provided list. Therefore, no cases are identified as bad law based solely on the information given.

Followed / Cited:

Cases Ehvees, Hindustan Petroleum Corporation Limited Dealer VS District Collector, Malappuram-676504 - 2020 0 Supreme(Ker) 349, Prathyasa Mental Health Counselling Forum VS State of Kerala - 2020 0 Supreme(Ker) 341, Rajeev Kumar Saxena VS State Of U. P. Thru. Chief Secy. Civil Sectt. Lko. - 2021 0 Supreme(All) 1631, and Anupam Srivastava VS Uttar Pradesh Power Corporation Ltd. - 2024 0 Supreme(All) 1530 all reference Vishnu Traders v. State of Haryana (1995 Supp (1) SCC 461). The language suggests these cases are citing or relying on the earlier case for support or authority, indicating a treatment pattern of following or citing the case as precedent.

For example, case Ehvees, Hindustan Petroleum Corporation Limited Dealer VS District Collector, Malappuram-676504 - 2020 0 Supreme(Ker) 349 states: "the Supreme Court has observed as under," indicating reliance on the case's observations.

Cases Rajeev Kumar Saxena VS State Of U. P. Thru. Chief Secy. Civil Sectt. Lko. - 2021 0 Supreme(All) 1631 and Anupam Srivastava VS Uttar Pradesh Power Corporation Ltd. - 2024 0 Supreme(All) 1530 explicitly mention reliance or support from Vishnu Traders, indicating they are following or citing the case.

Case Prathyasa Mental Health Counselling Forum VS State of Kerala - 2020 0 Supreme(Ker) 341 similarly references the case with an observation, likely indicating a similar pattern.

Distinguished / Differentiated:

There are no explicit mentions of these cases being distinguished from Vishnu Traders or any other case.

Criticized / Questioned:

No language suggests these cases have been criticized or questioned.

Referred for other reasons:

All references seem to be for citing or supporting points based on Vishnu Traders, with no indication of negative treatment.

All references are straightforward citations or reliance on Vishnu Traders v. State of Haryana (1995 Supp (1) SCC 461). There is no ambiguity or unclear treatment indicated in the provided list.

However, the repeated reliance on the same case without any mention of subsequent treatment leaves some uncertainty about whether the case's authority remains uncontested or has been challenged in later judgments not listed here.

Since the list does not include any explicit negative treatment or subsequent overruling, treatment remains generally positive or neutral.

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