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2000 Supreme(SC) 1229

SUPREME COURT OF INDIA
N.Santosh Hegde : S.P.Bharucha : S.S.M.Quadri
State Of Gujarat
Versus
S.S.Murthy
Case No. : 401 , 402 of 1997
Date of Decision : 8/1/00

When subsequent administrative actions render prior judicial orders redundant, representations may be considered de novo without the influence of those prior orders.

Headnote:(A) Administrative Law - Reconsideration of representations - Parties agreed that previous judgments had worked themselves out in light of subsequent administrative decisions - It was agreed that representations should be considered de novo without reference to or influence from the judgment under challenge or the judgment of the Single Judge. (Para 1)

Facts of the case:
The matter involves civil appeals where the parties agreed that previous judicial orders had become redundant following a note from the head of the High Court and a subsequent decision by the constitutional head of the State.

Findings of Court:
The Court accepted the agreement between the counsel for the appellants and respondents that the representations of the respondents should be considered afresh.

Issues: Whether the representations of the respondents should be considered de novo without being influenced by previous judicial decisions.

Ratio Decidendi: Where subsequent administrative actions render prior judicial orders effectively moot, the court may dispose of appeals by directing a de novo consideration of the underlying representations.

Result: Civil appeals are disposed of.

Legal Category Hierarchy

  • practice and procedure
    • disposal of appeals
      • consent order
      • de novo consideration

(1) LEARNED Counsel for the appellants ana respondents are all agreed that having regard to the note of the Chief Justice .of Gujarat, dated 30th June, 1995 made in pursuance of the judgment of the learned Single Judge, which was affirmed by the judgment and order under challenge before us, and the subsequent decision of the Governor of Gujarat, these judgments may be said to have worked themselves out. It is now agreed that the Chief Justice of Gujarat should consider the representations of the present respondents before us de novo and without reference to or being in any way influenced by the judgment and order under challenge as also the judgment and order of the learned Single Judge. In this view of the matter, the civil appeals are disposed of

(2) NO order as to costs.

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