M/S. SURESH CHANDRA KHANDELWAL AND CO. versus STATE OF M.P. AND ORS.

M/S. SURESH CHANDRA KHANDELWAL AND CO. versus STATE OF M.P. AND ORS.

The Division Bench declined to interfere holding the grievance could be looked into in a review petition, but the Single Judge held review was not maintainable, leaving the appellant without remedy. Therefore, the order of the Single Judge is set aside and the Division Bench should hear and dispose of the LPA on merits.

Parties
Appellant: M/S. Suresh Chandra Khandelwal and Co.; Respondents: State of M.P. and Ors.
Jurisdiction
India
Judgment Date
20 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Review Petition, Letters Patent Appeal, Entertainment Duty, Binding Precedent
Constitutional Law Administrative Law Review Petition Letters Patent Appeal Entertainment Duty Binding Precedent

Case Brief

Summary, issues, holding and outcome

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Parties

M/S. Suresh Chandra Khandelwal and Co.

Appellant

State of M.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant was left without a remedy due to conflicting orders from the Division Bench and Single Judge of the High Court.
  2. 2 Whether the review petition filed by the appellant was maintainable.
  3. 3 Whether the Division Bench ought to have heard and disposed of the LPA on merits.

Ratio Decidendi

The Division Bench declined to interfere holding the grievance could be looked into in a review petition, but the Single Judge held review was not maintainable, leaving the appellant without remedy. Therefore, the order of the Single Judge is set aside and the Division Bench should hear and dispose of the LPA on merits.

Court Disposition

Appeal partly allowed

Orders

  • Order of the Single Judge is set aside.
  • Division Bench of the High Court to hear and dispose of the LPA on merits in accordance with law.