P.R. SINHA AND ORS. versus INDER KRISHAN RAINA AND ORS.

P.R. SINHA AND ORS. versus INDER KRISHAN RAINA AND ORS.

The Supreme Court held that the High Court should not issue interim orders that grant relief of the nature which can only be finally granted at the disposal of the writ petition. Granting such an interim order amounts to deciding the substantive issues prematurely, thereby undermining due process.

Parties
Appellant: P.R. Sinha and Others; Respondent: Inder Krishan Raina and Others
Jurisdiction
India
Judgment Date
07 December 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against Interim Order of High Court
Outcome
Appeal allowed; High Court's order set aside.
Legal Topics
Interim Orders, Writ Petitions, Contempt of Court
Constitutional Law Civil Procedure Interim Orders Writ Petitions Contempt of Court

Case Brief

Summary, issues, holding and outcome

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Parties

P.R. Sinha and Others

Appellant

Inder Krishan Raina and Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against Interim Order of High Court

Legal Issues

  1. 1 Whether High Court can grant an interim order granting relief that can only be given at final disposal of writ petition
  2. 2 Whether the High Court's direction to implement interim order pending modification application was proper

Ratio Decidendi

The Supreme Court held that the High Court should not issue interim orders that grant relief of the nature which can only be finally granted at the disposal of the writ petition. Granting such an interim order amounts to deciding the substantive issues prematurely, thereby undermining due process.

Court Disposition

Appeal allowed; High Court's order set aside.

Orders

  • The order dated 4th December, 1990 of the High Court is set aside.
  • The High Court is requested to first consider the modification application and pass appropriate orders in accordance with law.