Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1646

SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, M.R. SHAH, JJ.
Vineeta Sharma – Petitioner
Versus
Rakesh Sharma – Respondent
Civil Appeal Diary No(s). 32601 of 2018 (Arising out of impugned final judgment and order dated 15-05-2018 in RFA No. 301 of 2017 passed by the High Court Of Delhi At New Delhi)
Decided on : 27-11-2018

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Biswajit Bhattacharya, Ms. Rashmi Nandakumar, AOR
For the Respondent: Mr. Subhasish Mohanty, AOR

Grant of certificate of fitness to appeal due to conflicting decisions of the Supreme Court on the issue involved in the petition.

Headnote:
Certificate of Fitness - Conflicting Decisions - The High Court granted a certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India due to conflicting decisions of the Supreme Court on the issue involved in the petition. The matter is to be heard by a Larger Bench, and the Bench comprising three Judges can hear the matter finally.
Fact of the Case:

The High Court granted a certificate of fitness to appeal due to conflicting decisions of the Supreme Court on the issue involved in the petition. The matter is to be heard by a Larger Bench, and the Bench comprising three Judges can hear the matter finally.
Finding of the Court:

The High Court granted a certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India due to conflicting decisions of the Supreme Court on the issue involved in the petition. The matter is to be heard by a Larger Bench, and the Bench comprising three Judges can hear the matter finally. The parties requested some time to prepare the matter, and it was listed for a future date.
Issues: Conflicting decisions of the Supreme Court on the issue involved in the petition.
Ratio Decidendi: The conflicting decisions of the Supreme Court on the issue involved in the petition led to the grant of a certificate of fitness to appeal and the matter being heard by a Larger Bench.
Final Decision: The High Court granted a certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India due to conflicting decisions of the Supreme Court on the issue involved in the petition. The matter is to be heard by a Larger Bench, and the Bench comprising three Judges can hear the matter finally. The parties requested some time to prepare the matter, and it was listed for a future date.

ORDER :

1. The High Court has granted certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India having regard to the fact that there are conflicting decisions of this Court in “Prakash V. Phulavati” (2016) 2 SCC 36, “Danamma @ Suman Surpur Vs. Amar” (2018) 3 SCC 343 and “Mangammal Vs. T.B. Raju” (2018) SCC online SC 422 on the issue involved in this petition. Since the matter is to be heard by the Larger Bench i.e. three Judge Bench and this Bench is comprising of three Judges, we can hear the matter finally. Learned counsel for both the parties request some time to prepare the matter.

2. List on 05.12.2018.

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