1. Challenge to a High Court judgment via a Special Petition under Article 136(1) of the Constitution. (Para 1 )
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2022 Supreme(SC) 1534
SUPREME COURT OF INDIA
M.R. Shah, Aniruddha Bose, JJ.
Karan Goyal – Appellant
Versus
Registrar General, Delhi High Court – Respondent
Petition(s) for Special Leave to Appeal (C) No(s). 10462 of 2022
Decided On : 08-06-2022
Important Points
The court's discretion to exercise jurisdiction under Article 136(1) is influenced by the thorough consideration and negation of challenges by the lower court.
Subject
Jurisdiction - Article 136(1)
Act Referred
Headnote
Article 136(1) - Jurisdiction - The court dismissed the special petition after finding that the High Court had thoroughly considered and negated the challenges made by the petitioner.
Fact of the Case:
The High Court thoroughly considered the questions and answers and negated the petitioner's challenge.
Finding of the Court:
The court found no reason to exercise jurisdiction under Article 136(1) and dismissed the special petition.
Issues:
Ratio Decidendi: The High Court's detailed consideration and negation of the petitioner's challenge influenced the court's decision to dismiss the special petition.
Final Decision: The special petition stands dismissed, and pending applications, if any, shall stand disposed of.
Legal Category Hierarchy
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constitutional law
-
jurisdiction of the supreme court
- article 136 (Para 1)
-
jurisdiction of the supreme court
Advocates appeared:
Mr. Vivek Sood, Sr. Advocate, Mr. Firoz Khan, Advocate, Mr. Pramod Kumar, Advocate, Mr. Akash Godhvani, Advocate, Mr. Abhijeet Sinha, Advocate, For the Appellant.
Mr. Vivek Sood, Sr. Advocate, Mr. Firoz Khan, Advocate, Mr. Pramod Kumar, Advocate, Mr. Akash Godhvani, Advocate, Mr. Abhijeet Sinha, Advocate, For the Appellant.
Table of Contents
2. Challenge to the findings and order of the High Court. (Para 1 )
3. The High Court comprehensively considered all questions and answers, leading to the negation of the petitioner's challenge. (Para 1 )
4. Discretionary jurisdiction under Article 136(1) of the Constitution is not exercised where the High Court has detailed and correctly addressed the issues. (Para 1 )
5. Special Petition dismissed and pending applications disposed of. (Para 1 , 2 )
6. Under what circumstances will the court decline to exercise jurisdiction under Article 136(1) of the Constitution?
The court may decline to exercise jurisdiction under Article 136(1) if the High Court has already considered each question in detail and negated the challenge. (Para 1 )
ORDER
1. Having heard learned counsel appearing for the petitioner and after considering the fact that the High Court in the impugned judgment and order has considered in detail each and every question and the answers and thereafter has negated the challenge made on behalf of the petitioner, we see no reason to exercise our jurisdiction under Article 136(1) of the Constitution. The Special Petition stands dismissed.
2. Pending applications, if any, shall stand disposed of.
