1. Appeals by State against High Court orders in writ applications granted based on a specific precedent. (Para 2 )
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1994 Supreme(SC) 1320
SUPREME COURT OF INDIA
K. Ramaswamy, N.P. Singh, JJ.
State of U.P. and another Etc. Etc. - Petitioners
Versus
Rajendra Singh Malhan Etc. - Respondent
C.A. Nos. 355 and 59 of 1994 (Arising out of Special Leave Petitions Nos. 5249, 6443, 7684, 16261 and 15556 of 1993)
Decided On : 25-01-1994
Important Points
Setting aside judgments and orders of the High Court in different writ applications filed by the State of U.P.
Subject
Civil Law - Appeals and Writs
Headnote
Leave granted - State of U.P. - The court set aside judgments and orders passed by the High Court in different writ applications filed on behalf of the respondents for directions similar to the direction given by the High Court in favor of Shri Vinod Kumar Kharbanda.
Fact of the Case:
The State of U.P. filed appeals to set aside judgments and orders passed by the High Court in different writ applications filed on behalf of the respondents for directions similar to the direction given by the High Court in favor of Shri Vinod Kumar Kharbanda.
Finding of the Court:
The appeals were allowed and different judgments and orders of the High Court were set aside.
Issues: Appeals filed by the State of U.P. to set aside judgments and orders passed by the High Court in different writ applications.
Ratio Decidendi: The judgment of the High Court in the case of Shri Kharbanda was set aside.
Final Decision: The appeals were allowed and different judgments and orders of the High Court were set aside.
Legal Category Hierarchy
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practice and procedure
-
appellate jurisdiction
- setting aside of orders (Para 2)
-
appellate jurisdiction
Table of Contents
2. State sought setting aside of High Court orders granted or directed based on a specific precedent. (Para 2 )
3. The court found that since the lead judgment was set aside, the subsequent orders based on it are also set aside. (Para 2 )
4. Orders passed in reliance on a precedent are set aside if the underlying precedent is itself set aside. (Para 2 )
5. Appeals allowed and High Court judgments and orders set aside. (Para 2 )
6. What is the effect on subsequent orders when the precedent they rely upon is set aside?
When the judgment in a lead case is set aside, subsequent judgments and orders passed in other cases based on that lead judgment are also set aside. (Para 2 )
JUDGMENT :
N.P. Singh, J.
Leave granted.
2. These appeals have been filed on behalf of the State of U.P. for setting aside the judgments and orders passed by the High Court in different writ applications filed on behalf of the respondents of the appeals, for directions similar to the direction given by the High Court in favour of the aforesaid Shri Vinod Kumar Kharbanda. Some of the writ applications were allowed in terms of the judgment of the High court, in the case of Shri Kharbanda. The other writ applications were disposed of directing the State Government to consider the representations filed by writ petitioners in the light of the judgment of the High Court in the case of Shri Kharbanda. As we have set aside the judgment of the High Court in the case of Shri Kharbanda. these appeals are allowed and different judgments and orders of the High Court are set-aside.
