MATHAI @ JOBY versus GEORGE & ANR.

MATHAI @ JOBY versus GEORGE & ANR.

The Supreme Court should entertain special leave petitions under Article 136 only in cases involving questions of constitutional interpretation, national or public importance, validity of laws, judicial review of constitutional amendments, to settle differences of opinion of law between High Courts, grave miscarriage of justice, or prima facie violation of fundamental rights; broad guidelines ought to be laid down by a Constitution Bench.

Parties
Petitioner: Mathai @ Joby; Respondent: George; Respondent: Anr.
Jurisdiction
India
Judgment Date
19 March 2010
Procedural Posture
Special Leave Petition (civil) / Matter Referred to Constitution Bench
Outcome
Matter referred to Constitution Bench
Legal Topics
Scope and Discretion Under Article 136 of the Constitution, Guidelines for Entertaining Special Leave Petitions
Constitutional Law Civil Procedure Scope and Discretion Under Article 136 of the Constitution Guidelines for Entertaining Special Leave Petitions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 1
Sign in to unlock

Parties

Mathai @ Joby

Petitioner

George

Respondent

Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) / Matter Referred to Constitution Bench

Legal Issues

  1. 1 When should the Supreme Court exercise its discretion under Article 136 to entertain Special Leave Petitions?
  2. 2 What kinds of cases should be entertained under Article 136?
  3. 3 Should broad guidelines be formulated for the exercise of discretion under Article 136?

Ratio Decidendi

The Supreme Court should entertain special leave petitions under Article 136 only in cases involving questions of constitutional interpretation, national or public importance, validity of laws, judicial review of constitutional amendments, to settle differences of opinion of law between High Courts, grave miscarriage of justice, or prima facie violation of fundamental rights; broad guidelines ought to be laid down by a Constitution Bench.

Court Disposition

Matter referred to Constitution Bench

Orders

  • Notice to respondents, Supreme Court Bar Association, Bar Council of India, and Supreme Court Advocates-on-Record Association.
  • Papers to be laid before Hon'ble the Chief Justice of India for constitution of an appropriate Bench.