1. Challenge to a High Court judgment via a Special Leave Petition. (Para 1 )
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1988 Supreme(SC) 348
SUPREME COURT OF INDIA
R.S.Pathak, CJI., M.H.Kania, J.
Madhu Milan Syntex Private Limited
Versus
Union Of India
Case No. : 4719 of 1985
Date of Decision : 5/3/88
Important Points
A Special Leave Petition is dismissed when the court, in a related matter decided on the same day, upholds the judgment of the High Court that the petition seeks to challenge.
Subject
Civil Law - Procedural Law
Headnote
(A) Civil Procedure - Special Leave Petition - Dismissal - Where a judgment delivered in a related matter upholds the order of the High Court which is being challenged in a Special Leave Petition, the said petition is liable to be dismissed.
Facts of the case:
A petition for special leave to appeal was filed challenging, to a certain extent, a judgment and order passed by a division bench of a High Court. On the same day, the court delivered a judgment in a related matter involving the same parties, wherein the High Court's judgment and order were upheld.
Findings of Court:
The court observed that since the judgment and order of the High Court had been upheld in the related proceedings, the present petition challenging the same order must be dismissed.
Issues: Whether the special leave petition should be dismissed in view of the court's decision in a related matter upholding the challenged High Court order.
Ratio Decidendi: A special leave petition challenging a lower court's order is dismissed if that same order has been upheld by the court in a related matter decided concurrently.
Result: Special Leave Petition dismissed with no order as to costs.
Facts of the case:
A petition for special leave to appeal was filed challenging, to a certain extent, a judgment and order passed by a division bench of a High Court. On the same day, the court delivered a judgment in a related matter involving the same parties, wherein the High Court's judgment and order were upheld.
Findings of Court:
The court observed that since the judgment and order of the High Court had been upheld in the related proceedings, the present petition challenging the same order must be dismissed.
Issues: Whether the special leave petition should be dismissed in view of the court's decision in a related matter upholding the challenged High Court order.
Ratio Decidendi: A special leave petition challenging a lower court's order is dismissed if that same order has been upheld by the court in a related matter decided concurrently.
Result: Special Leave Petition dismissed with no order as to costs.
Legal Category Hierarchy
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practice and procedure
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appellate procedure
- special leave petition (Para 1)
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appellate procedure
Table of Contents
(1) IN view of our Judgment delivered today in CivilNo. 1110 of 1986 entitled UNION OF INDIA AND OTHERS V. MADHU MILAN SYNTEX PVT. LTD. AND ANOTHER *, this Special Leave must he dismissed as we have upheld the judgment and order dated 24/11/1984 passed by the division bench of the Madhya Pradesh High court which is challenged to a certain extent in this Special Leave Petition. The Special Leave Petition is, therefore, dismissed with no order as to costs.
