AI Overview...
- When the Matter is Seized before the Hon'ble Supreme Court - Main points and insights:
- The Supreme Court often takes suo motu cognizance or is approached for relief in various disputes, including issues like illegal encroachments, squatting, and legal procedural matters CHARANJIT DUDEJA VS GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Delhi.
- The Court's findings frequently emphasize that once a matter is under its consideration or has been adjudicated, subsequent attempts to re-agitate the same issue are barred by principles like res judicata or are considered inadmissible if the Court is already seized of the matter G. C. KAUSHAL,IPS VS PRESIDING OFFICER CAT - Delhi, AMAR SINGH VS GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Delhi.
- The Court also reviews procedural aspects, such as jurisdictional issues, locus standi, and whether the parties have exhausted remedies or approached the Court at appropriate stages SUMIT ARORA VS STATE OF DELHI - Delhi, Lalji Ram Tiu VS State Of Jharkhand - Jharkhand.
- In some cases, the Court's involvement is in the context of pending criminal or civil proceedings, and it often directs parties to pursue remedies in lower courts or through statutory procedures, especially when the Court is already seized of the matter AMAR SINGH VS GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Delhi, LAVKUSH KUMAR and ORS vs THE STATE OF BIHAR and ORS - Patna.
-
The Court's role includes ensuring that procedural requirements are met, and that litigants do not bypass legal procedures or file frivolous petitions, thereby maintaining judicial discipline G. C. KAUSHAL,IPS VS PRESIDING OFFICER CAT - Delhi, SUMIT ARORA VS STATE OF DELHI - Delhi.
-
Analysis and Conclusion:
- The Supreme Court's approach when a matter is already before it is to avoid unnecessary duplication of proceedings and to uphold the principles of judicial discipline and finality.
- Its intervention is primarily to ensure proper procedural conduct, prevent abuse of the judicial process, and ensure that substantive issues are thoroughly examined at appropriate stages.
- The Court recognizes its supervisory role but emphasizes that once it has seized of a matter, subsequent petitions or proceedings must conform to legal principles like res judicata, and parties are expected to pursue remedies in the proper forums.
- Overall, the Court's handling of matters before it reflects a balance between judicial intervention and respect for procedural finality G. C. KAUSHAL,IPS VS PRESIDING OFFICER CAT - Delhi, SUMIT ARORA VS STATE OF DELHI - Delhi.
References: - CHARANJIT DUDEJA VS GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Delhi, SUMIT ARORA VS STATE OF DELHI - Delhi, AMAR SINGH VS GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Delhi, G. C. KAUSHAL,IPS VS PRESIDING OFFICER CAT - Delhi, Union of India, rep. by its Assistant Commissioner of Customs, Prosecution Cell, Customs House, Chennai VS A. S. A. Kabir - Madras, State of Tamil Nadu, Rep. by its District Collector VS Arulmigu Meenakshi Sundareswarar Devasthanam, Madurai through its Executive Officer/Joint Commissioner - Madras, B. Bhaskar VS Authorised Officer-cum-Sub-Divisional Forest Officer, Tripura - Andhra Pradesh, Shakina VS Delhi Development Authority - Delhi, Lalji Ram Tiu VS State Of Jharkhand - Jharkhand, LAVKUSH KUMAR and ORS vs THE STATE OF BIHAR and ORS - Patna
Search Results for "When the Matter is Seized before the Hon Ble Supreme Court"
2002 0 Supreme(Del) 442 • India - Delhi
H.R.MALHOTRA, A.K.SIKRI
discussed the problem of illegal squatting and encroachment on foot-paths and roads, referencing the Supreme Court order in Gainda ... Finding of the Court: The court found that the problem of illegal squatting and encroachment persisted despite measures ... spirited person - illegal squatting and encroachment on foot-path and roads - AIR 1998 SC 2363, Motor Vehicles Act, 1988 - The court ... The respondent-MCD filed counter-affidavit dated 26. 3. 2001 wherein it is mentioned that the Hon#HL....
2006 0 Supreme(Del) 540 • India - Delhi
R.C.JAIN
Finding of the Court: The court found that the petitioner had subjected himself to the jurisdiction of the courts in ... Ratio Decidendi: The court held that the petitioner's actions in approaching the courts in Punjab and Haryana precluded him ... and for quashing the FIR in question; and his prayer having been declined throughout by those courts; and thereafter he having approached the Hon ble supreme Court with a Special Leave Petition, which is still ....
2003 0 Supreme(Del) 88 • India - Delhi
before the Supreme Court. ... the petitioners to approach the Supreme Court for relief. ... Threat of impounding autos for not being converted to CNG single fuel mode, undertakings given by petitioners, and the pending matter ... by the Hon ble Supreme Court. ... Even otherwise there is force in the contention of learned Counsel for respondents that as the Apex Court is seized of the mat....
2002 0 Supreme(Del) 417 • India - Delhi
A.K.SIKRI, H.R.MALHOTRA
Finding of the Court: The court found that the application was barred by constructive res judicata, and that the ACRs ... The court also held that the Tribunal's decision did not warrant judicial review. ... The court found that the petitioner failed to demonstrate that he was not aware of the alleged forgery and fabrication at the time ... ... ( 22 ) ACCORDING to the petitioner, the Hon ble Supreme Court was also aware that the National Commissio....
2011 0 Supreme(Mad) 1925 • India - Madras
S.NAGAMUTHU
The High Court found that the recovered gold and silver bars were produced before the Court during trial, leading to the presumption ... The Court held that the accused was liable to be punished under Section 135(1)(b) of the Act. ... The trial Court found that the complainant had failed to prove the case beyond reasonable doubt and acquitted the respondent. ... The learned Special Public Prosecutor would submit that in the confiscation proceedings, the accused claimed M.O.1 series as the one seized fro....
2023 0 Supreme(Mad) 1632 • India - Madras
G. JAYACHANDRAN, K. K. RAMAKRISHNAN
reserved forest by the Forest Department - Plaintiffs claimed that the land is 'Devadayam' property granted to the Temple, but the court ... 24, 32, 108, 125, and 126) ... ... (B) Civil Procedure Code, 1908 - Section 96 - Bar on civil suits during certain periods - The court ... It is also contended that the Court below failed to take the subsequent development in the issue, wherein, the Hon''ble Supreme Court has seized of the matter#HL_....
2002 0 Supreme(AP) 128 • India - Andhra Pradesh
N.V.RAMANA
Constitution of India – Article 226 - Illegal and void - Admission stage – Allegations - That without his knowledge his lorry was seized ... received possibility of lodging said complaint after incident by ante-dating same cannot be ruled out - All these are however, matters ... The observations of the Hon ble Supreme Court in Krishnan s case has emphasised these settled legal principles and is not a curtailment of the power of judicial review of the High Court under ....
2020 0 Supreme(Del) 715 • India - Delhi
PRATHIBA M.SINGH
Finding of the Court: The court found that the STF had taken a considered view in the matter and the petitioner was ... The STF had taken a considered view in the matter and the petitioner was not entitled to any relief. ... Ratio Decidendi: The STF had taken a considered view in the matter, and the petitioner was not entitled to any relief as she ... (and connected matters) taken note of the fact that the Hon''ble Supreme #HL_ST....
2018 0 Supreme(Jhk) 2057 • India - Jharkhand
RAJESH SHANKAR
certificate Final Decision: The writ petition was dismissed, and the petitioner was advised to pursue the election petition and the matter ... Finding of the Court: The court found that the dispute regarding the caste status of the respondent no. 8 should be ... The court also held that the petitioner lacked the locus standi to challenge the caste certificate of the respondent no. 8. ... The learned counsel for the respondent - State submits that the Caste Scrutiny Committee is seized of the #HL_START....
• India - Patna
ble Supreme Court. The matter is yet seized by the Hon? ... ble Supreme Court in the matter of Andhra Pradesh Public Service ... ble Supreme Court over the years. ... ble Supreme Court in the proceeding pending before it.
Filter by Legal Phrase
