VINOD KAPOOR versus STATE OF GOA & ORS.

VINOD KAPOOR versus STATE OF GOA & ORS.

Civil Appeals by way of Special Leave under Article 136 are not maintainable where an earlier Special Leave Petition against the same order has been withdrawn without liberty to file afresh, and appeals are not maintainable against High Court's rejection of a review petition by virtue of Order XLVII Rule 7 of CPC.

Parties
Appellant: Vinod Kapoor; Respondents: State of Goa & Ors.
Jurisdiction
India
Judgment Date
03 October 2012
Procedural Posture
Civil Appeal / Appeal by Way of Special Leave Under Article 136
Outcome
Appeals dismissed as not maintainable.
Legal Topics
Maintainability of Special Leave Petition, Review Petition, Coastal Regulation Zone, Town and Country Planning Act
Constitutional Law Civil Procedure Maintainability of Special Leave Petition Review Petition Coastal Regulation Zone Town and Country Planning Act

Case Brief

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Parties

Vinod Kapoor

Appellant

State of Goa & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Way of Special Leave Under Article 136

Legal Issues

  1. 1 Whether a Special Leave Petition under Article 136 is maintainable after withdrawal of an earlier petition on the same order without liberty to file afresh
  2. 2 Whether appeal under Article 136 lies against High Court's order rejecting a review petition

Ratio Decidendi

Civil Appeals by way of Special Leave under Article 136 are not maintainable where an earlier Special Leave Petition against the same order has been withdrawn without liberty to file afresh, and appeals are not maintainable against High Court's rejection of a review petition by virtue of Order XLVII Rule 7 of CPC.

Court Disposition

Appeals dismissed as not maintainable.

Orders

  • Appeals dismissed.
  • No opinion expressed on merits or actions lawfully taken by Authority or Municipal Council.