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2010 Supreme(SC) 1528

SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., J.M. PANCHAL, DEEPAK VERMA, JJ.
Modern Dental College and Research Centre and Others – Appellants
Versus
State of Madhya Pradesh and Others – Respondents
I.A. Nos. 9-49 of 2009 in Civil Appeal No. 4060 of 2009
Decided On : 26-03-2010

Advocates:
Advocate Appeared:
For the Appellants : H.N. Salve, Sushil Kumar Jain.
For the Respondents: Puneet Jain, Chirsti Jain, Eshita Baruah, B.K. Satija, Pragati Neekhra, Dharmendra Kumar Sinha, B.S. Banthia, Vibha Dutta Makhija, Vikas Upadhdyay, Bhupender Yadav, Babita Yadav, Rumi Chanda, R.C. Kohli, Arun Kumar Beriwal, Abhinav Mukerji, Gaurav Sharma, Surbhi Mehta, Sanjay K. Agrawal, Harish Pandey, Akshat Shrivastava, P.P. Singh, Inderjeet Yadav, Debaleena K.

The court extended an interim order for the 2010-2011 academic year and referred the matter to a Constitution Bench for further determination, directing parties to complete their pleadings.

Headnote:(A) Constitutional Law - Procedural Order - Extension of interim order and referral to Constitution Bench - Interim order passed by the Court continues for the academic year 2010-2011 and the matter is referred to a Constitution Bench. (Para 1)

Facts of the case:
An interim order had been passed by the Court on 27th May 2009. The matter was before the Court for consideration of the continuation of said order for the subsequent academic year.

Findings of Court:
The interim order dated 27th May 2009 shall continue for the academic year 2010-2011.

Issues: The main issues were whether the existing interim order should be extended for the academic year 2010-2011 and whether the matter warranted referral to a Constitution Bench.

Ratio Decidendi: The Court determined that the interim order should be extended for the current academic year and that the matter be referred to a Constitution Bench, while directing the parties to complete their pleadings in the interim.

Result: Interim order continued and matter referred to Constitution Bench.

Legal Category Hierarchy

  • practice and procedure
    • interim orders (Para 1)
    • reference to constitution bench (Para 1)
  • constitutional law
    • constitution bench (Para 1)

Table of Contents

1. Interim order continued for academic year; matter referred to Constitution Bench; parties directed to complete pleadings. (Para 1 , 2 )

ORDER :

1. Interim order passed by this Court on 27th May, 2009 will continue for this academic year i.e. 2010-2011. The matter is referred to the Constitution Bench.

2. Parties to complete pleadings in the meanwhile.

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