KUNHAYAMMED AND ORS versus STATE OF KERALA AND ANR.

KUNHAYAMMED AND ORS versus STATE OF KERALA AND ANR.

Dismissal of a Special Leave Petition by a non-speaking order does not attract the doctrine of merger or preclude the High Court from entertaining a review petition against its own order. The order of the High Court remains available for review unless special leave to appeal is granted and appellate jurisdiction invoked by the Supreme Court. Statutory right of review now exists under Section 8C of the Kerala Private Forests Act.

Parties
Appellants: Kunha Yammed and Ors.; Respondents: State of Kerala and Anr.
Jurisdiction
India
Judgment Date
19 July 2000
Procedural Posture
Civil Appeal / Appeal From High Court Order on Preliminary Review Objection
Outcome
Appeal dismissed
Legal Topics
Special Leave Petition, Doctrine of Merger, Review Petition, Appellate Jurisdiction, Kerala Private Forests (vesting and Assignment) Act, 1971
Constitutional Law Civil Procedure Property Law Administrative Law Special Leave Petition Doctrine of Merger Review Petition Appellate Jurisdiction +1 more

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Parties

Kunha Yammed and Ors.

Appellants

State of Kerala and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order on Preliminary Review Objection

Legal Issues

  1. 1 Whether the dismissal of a Special Leave Petition by the Supreme Court bars the maintainability of a review petition in the High Court against the same order.
  2. 2 Nature and scope of the doctrine of merger with respect to orders passed by the Supreme Court under Article 136.
  3. 3 Applicability of Order 47 Rule 1 CPC and Section 8C of the Kerala Private Forests Act regarding review petitions.

Ratio Decidendi

Dismissal of a Special Leave Petition by a non-speaking order does not attract the doctrine of merger or preclude the High Court from entertaining a review petition against its own order. The order of the High Court remains available for review unless special leave to appeal is granted and appellate jurisdiction invoked by the Supreme Court. Statutory right of review now exists under Section 8C of the Kerala Private Forests Act.

Court Disposition

Appeal dismissed

Orders

  • No fault found with approach of High Court; review petition maintainable.
  • No order as to costs.