Back
J. B. PARDIWALA, R. MAHADEVAN
Ajay Kumar Jain – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. Delay condoned.
2. Application seeking permission to appear and argue-in-person is allowed.
3. This miscellaneous application is at the instance of the original petitioner of Writ Petition (Civil) No.429 of 2020.
4. In this miscellaneous application, the applicant has prayed for the following reliefs:-
B. pass such a order and directions as deemed fit and proper in the facts and circumstances of this case.”
5. We take notice of the fact that the Writ Petition (Civil) No.429/2020 came to be disposed of vide order dated 6-8-2021 in the following terms:-
(i) A direction to the first respondent to devise a mechanism for enforcing court orders; and
(ii) A direction to the District Judge to dispose of the proceedings which have been initiated by the petitioner for breach of the order which enures to his benefit,
2. The wider relief which has been
Miscellaneous applications cannot be entertained in disposed proceedings unless for clerical errors or rare cases where executory orders become impossible to implement.
A Miscellaneous Application in a disposed of proceedings should not be entertained, but the applicant should be allowed to pursue other remedies available in law.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
Writ Petition – Once High Court declines to entertain writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available....
The court has the authority to grant directions to expedite the process of hearing and disposing of pending applications in accordance with relevant court rules and circulars.
(1) Miscellaneous application – Post-disposal applications for modification and clarification of disposal order shall lie only in rare cases.(2) Power of recall is different from power of altering/ r....
An order dropping contempt proceedings is not an order punishing the respondents for contempt and therefore does not fall within the scope of Section 19 of the Contempt of Courts Act, 1971, which pro....
The court recognizes the importance of maintaining judicial dignity and outlines procedures to ensure accountability in cases of contempt, recalling its order to allow for proper jurisdictional handl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
