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2016 Supreme(SC) 1098
SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Dengsailova & Ors. - Appellants
Versus
Union of India & Ors. - Respondents
Civil Appeal No. 5565 of 2014
Decided On : 16-03-2016
Advocates:
Advocate Appeared:
For the Appellants : Mr. D.N. Goburdhan, Mr. Lal Ramtiamm, Mr. Abhishek Agrawal
For the Respondents: Mr. Raghavendra Bajaj, Mr. Gaurav Sharma, Ms. Sushma Suri, Mr. B. Krishna Prasad, Mr. K.N. Madhusoodhanan, Mr. T.G. Narayanan Nair
Advocate Appeared:
For the Appellants : Mr. D.N. Goburdhan, Mr. Lal Ramtiamm, Mr. Abhishek Agrawal
For the Respondents: Mr. Raghavendra Bajaj, Mr. Gaurav Sharma, Ms. Sushma Suri, Mr. B. Krishna Prasad, Mr. K.N. Madhusoodhanan, Mr. T.G. Narayanan Nair
The court reaffirmed that when a specific question of law, such as one concerning limitation, has already been settled by a prior binding judgment of the Court, subsequent appeals on the same issue are covered and must be dismissed.
Headnote:(A) Limitation - Question of law on limitation - Binding nature of previous judgments - Appeal is dismissed where the legal issue is already covered by a prior decision of the Court.
Facts of the case:
An appeal was filed by the appellants wherein a question of law concerning limitation was raised for determination.
Findings of Court:
The court found that the specific question of law raised in the appeal regarding limitation was already covered against the appellants by a prior judgment of the Court.
Issues: Whether the appeal can be sustained when the central question of law on limitation has been previously settled and decided by the Court in a similar matter.
Ratio Decidendi: When a question of law has been settled by a binding precedent of the Court, subsequent appeals on the same issue are covered by that precedent and are liable to be dismissed.
Result: Appeal dismissed.
Legal Category Hierarchy
-
practice and procedure
- limitation
JUDGMENT :
Kurian, J.
Heard learned counsel for the appellants and the learned counsel appearing for the respondents.
The question of law raised in this appeal on limitation is covered against the appellants by the judgment of this Court in Civil Appeal No. 3536 of 2008 titled as 'J. Thansiama v. State of Mizoram & Ors.' [2015 (8) JT 159]. The appeal is, accordingly, dismissed.
