1987 Supreme(SC) 823
SUPREME COURT OF INDIA
R.S. Pathak, CJI., M.N. Venkatachaliah, J.
THE HINDU
Versus
STATE OF TAMIL NADU
Civil Appeal No. 346 of 1978.
Decided On: Decided On : 03-11-1987
A. T. M. Sampath, Advocate, for the appellant.
R. Mohan and Ayyam Perumal, Advocates, for the respondent.
The court held that an appeal lacks merit and must be dismissed if the legal issues involved have already been settled by the court in a previous precedent.
Headnote:(A) Civil Appeal - Application of precedent - Appeal dismissed as it lacks force in view of the law already laid down by the Court in a previous similar matter.
Facts of the case:
An appeal was filed by a publication against a state government.
Findings of Court:
The appeal is without merit based on the legal principles established in a prior judgment of the Court.
Issues: Whether the appeal has any merit in light of the law laid down in a previous decision.
Ratio Decidendi: When a legal point has been settled by the Court in a previous case, subsequent appeals on the same issue are without force and should be dismissed.
Result: Appeal dismissed.
Legal Category Hierarchy
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practice and procedure
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appellate procedure
- dismissal of appeal
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appellate procedure
ORDER
In view of the law laid down by this Court in C.A. No. 1633 of 1974 [Indian Express (P.) Ltd. v. State of Tamil Nadu printed at page 474 supra] there is no force in this appeal. The appeal is dismissed a accordingly. No costs.
Appeal dismissed.