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Civil procedure

PANDURANG VITHAL KEVNE versus BHARAT SANCHAR NIGAM LIMITED & ANR.

The Special Leave Petition is dismissed and the application for condonation of delay is refused because the petitioner repeatedly engaged in meritless, forum-shopping litigation after the matter had been finally adjudicated; the inordinate delay (4088 days) and prior dismissals rendered a second review impermissible, warranting dismissal and imposition of costs.

Source excerpt

  • Special leave petition
  • Second review petition
  • Condonation of delay
  • Industrial dispute
  • Frivolous litigation
  • Forum shopping
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Civil procedure

S. NARAHARI AND ORS versus S.R. KUMAR AND ORS.

Order XLVII Rule 7 CPC precludes filing a Special Leave Petition against an order passed in review; however, the question whether liberty granted by this Court to approach the High Court in review (and dismissals of SLPs by non-speaking orders) revives the remedy of filing a subsequent Special Leave Petition raises important questions about merger, res judicata and Article 141 and must be decided by a larger bench; accordingly the matter is referred to the Chief Justice for constitution of a larger bench.

Source excerpt

  • Order xlvii rule 7 cpc
  • Special leave petition
  • Review
  • Doctrine of merger
  • Article 141 constitution of india
  • Maintainability of appeal
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Constitution of india

S. M. PASHA & ORS versus STATE OF MAHARASHTRA & ORS.

Having regard to the subsequent termination of the earlier development agreement and execution of a fresh development agreement, the Court permitted the petitioners to withdraw the SLP unconditionally, directed the present management to furnish copies of the fresh development agreement to tenants, and left open the rights of tenants and respondent No. 5 to challenge the fresh agreement or the termination respectively before appropriate courts/forums.

Source excerpt

  • Special leave petition
  • Termination of development agreement
  • Perjury applications
  • Redevelopment agreements
  • Withdrawal of proceedings
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Criminal law

SEELAN @ JEYASEELAN versus THE INSPECTOR OF POLICE

The Special Leave Petition was dismissed because there were concurrent findings of fact by the courts that the petitioner raped the six-year-old victim supported by the victim’s testimony and her mother’s eyewitness account, corroborative material (recovery of lungi, petitioner over 18 and potent, petitioner absconding), and because the charge was framed under Section 376 (including Section 376(2)); given also that the State did not appeal and the incident occurred two decades ago, the Court declined to re-open the sentencing question under Section 376(2).

Source excerpt

  • Rape
  • Section 376(1) and section 376(2) ipc
  • Concurrent findings of fact
  • Special leave petition
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Civil procedure

KHODAY DISTILLERIES LTD. (NOW KNOWN AS KHODAY INDIA LIMITED) AND OTHERS versus SRI MAHADESHWARA SAHAKARA SAKKARE KARKHANE LTD., KOLLEGAL (UNDER LIQUIDATION) REPRESENTED BY THE LIQUIDATOR

The doctrine of merger does not apply when the Supreme Court dismisses a Special Leave Petition (SLP) in limine and without reasons; hence, the High Court retains jurisdiction to entertain a review petition against its own judgment even after such dismissal. This principle was affirmed as correctly laid down in Kunhayammed, and there is no conflict with the Abbai Maligai Partnership Firm case, which was decided on peculiar facts.

Source excerpt

  • Maintainability of review petitions
  • Doctrine of merger
  • Article 136 review
  • Special leave petition
  • Res judicata
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Criminal law

BABASAHEB MARUTI KAMBLE versus STATE OF MAHARASHTRA

In cases where death sentence is awarded by courts below, special leave petition should not be dismissed in limine without recording reasons, at least in respect of the death sentence. Supreme Court must undertake independent examination and provide a reasoned order.

Source excerpt

  • Sentencing
  • Death penalty
  • Review jurisdiction
  • Special leave petition
  • Procedure in criminal appeals
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Constitutional law

V. VASANTHAKUMAR versus H.C. BHATIA AND ORS.

Given the significance of the issues raised regarding judicial structure, access to justice, and the constitutional status of the Supreme Court, the matter is referred to a larger Constitutional Bench for an authoritative pronouncement. The questions involve interpretation of the Constitution and consideration of fundamental reforms to the judicial system.

Source excerpt

  • Article 136 of the constitution
  • Special leave petition
  • Judicial reforms
  • Establishment of national/regional courts of appeal
  • Access to justice
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Family law

UDAY GUPTA versus AYSHA & ANR.

The observations made by the High Court regarding presumption of marriage and legitimacy of children born from such relationships are restricted to the facts of that case and do not lay down the law of universal application.

Source excerpt

  • Marriage presumption
  • Legitimacy of children
  • Customary rights
  • Special leave petition
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Civil procedure

GURCHARAN SINGH versus SURJIT SINGH AND ANR.

Where the respondent was dead at the time of filing the Special Leave Petition, the appropriate remedy is to file an application for amendment of the petition and seek condonation of delay; rules providing for substitution apply only where the respondent dies after filing. If delay is adequately explained, the application can be allowed in the interests of justice.

Source excerpt

  • Substitution of parties
  • Special leave petition
  • Condonation of delay
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.