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...would apply to the facts of this case and the SLP is perfectly maintainable, even though the petitioner had not challenged the original order passed by the High Court on 5.11.2008 Learned counsel...respondent that this SLP is not maintainable, since the main order was not challenged but only the order passed in the review petition alone was challenged in this SLP. Hence, the SLP is, therefor...LPA No. 1233 of 2006. Mr. Nidhesh Gupta, learned senior counsel appearing for the respondent raised a preliminary objection that the special leave petition is not maintainable since the main judgment...
...and Suseel Finance & Leasing Co. v. M. Lata (2004) 13 SCC 675 may be looked at) that a special leave petition is not maintainable against an order in a review petiti...not maintainable no orders can/should be passed...before the High Court. The High Court has thus dismissed the review petition. Now, not only the order on the review petition but the order dated 31-5-2002, against which a special leave petition has...
...Suseel Finance & Leasing Co. v. M. Lata (2004) 13 SCC 675 may be looked at) that a special leave petition is not maintainable against an order in a review petition....Finance & Leasing Co. (2004) 13 SCC 675 and M.N Haider (2004) 13 SCC 677, we dismiss this appeal as not maintainable. Ordered accordingly....Respondent 8 that the civil appeals by way of special leave petition were not maintainable. According to the learned counsel for Respondent 8, the appeal against the order dated 29-1-2000 of the High Court...
...basis of the consent of the parties, which was recorded in the minutes of the order duly signed by the Senior Counsel for the parties
. The Review Petition was, therefore, not maintainable.
The noti...that the matter might be disposed of at the SLP stage itself. The notice has been served, but the respondents have not put in an appearance...first clause of the "minutes of order" was not correct in that the judgments mentioned therein were inapplicable to the facts of their case. Accordingly, the appellants filed a Review Petition. Upon...
...undertaking in the High Court, no doubt on that very day. Even so, it was an incorrect statement. Secondly — and more important — his SLP is not maintainable in view of the undertaking furnished by him in...undertaking to abide by the order granted by the High Court, has no doubt, made the said undertaking subject to any order of the Supreme Court. This rider was not provided in the order of the High...October 10, 1984. In the special leave petition, a positive statement was made that “the petitioner has not filed any undertaking as the petitioner is aggrieved with the judgment of the High Court...
...matter of SLP (Civil) No. 24739/2012 which was dismissed on 31.8.2012, so this writ appeal is not maintainable. Though Shri Agrawal, learned counsel appearing for appellants submits that in view of the...had declined to interfere with the order passed by the writ Court, we 12.8.2013 also find that this appeal after dismissal of the aforesaid SLP is not maintainable. The appellants herein ought to have obtained a specific pe...I.A No. 10401/2013 for dismissal of the writ appeal as not maintainable.This application is filed by the respondent No. 1 on the ground that the appellants have challenged...
...before the Division Bench which was dismissed on the ground that it was not maintainable.4. Learned counsel for the respondent initially took objection that no SLP had...SLP against the order of learned Single Judge inasmuch as the Division Bench had accepted the contention of the respondent that the appeal was not maintainable.5. So far...been preferred against the order of the Division Bench. We are of the view that even though the State had not preferred an SLP against the order of the Division Bench, it is not precluded from filing an...
....(iii) Present SLP is not maintainable as per the settled law laid down by this Hon'ble Court, namely, that an SLP is not maintainable against the di...) In any case the SLP is also not maintainable as the issue raised in the SLP is already covered by the.... The learned Senior Counsel also submitted that the SLP against the judgment of the High Court rendered in the review petition would not be maintainable without challenging the judgment which was sought...
...of by the Division Bench and the petitioner has not preferred any SLP, a fresh separate writ petition is not maintainable before the Single Bench.6. Accordingly, the writ petition is dismissed as ...WPS No. 788/2015, which was disposed of on 19.03.2015 by observing thus:-“In view of the interim order dated 27.02.2015 passed by the Supreme Court in SLP (Civil) No. 3449 of 2015 arising from Writ...Petition (S) No. 6759 of 2014, we are not inclined to keep this writ petition pending and dispose it with the observation that the final orders passed by the Supreme Court would also govern the case of...
...
(Crl.) No.5615/2023 was filed, which was dismissed as withdrawn as not pressed.
Thereafter again SLP was filed, which was dismissed as not maintainable. In both the
orders no liberty has bee...the offence under Section 147, 148, 149, 294, 302,
323, 326 of IPC and Section 25(1-B)(B), 27 of Arms Act.
2. First application was dismissed on merit by this Court. Thereafter the SLP...
...of the order duly signed by the senior counsel for the parties”. The review petition was, therefore, not maintainable.4. The notice on the SLP stated that the matter might...be disposed of at the SLP stage itself. The notice has been served, but the respondents have not put in an appearance.5. The basis upon which the review petition was...not correct in that the judgments mentioned therein were inapplicable to the facts of their case. Accordingly, the appellants filed a review petition. Upon the review petition the order under...
...explanation in the contempt petition before the same court and not here. With the said observation, the SLP is dismissed. Therefore, this Review Application is not maintainable in...
...the respondent that this SLP is not maintainable, since the main order was not challenged but only the order passed in the review petition alone was challenged in this SLP. Hence, the SLP is, ther...: (1964) 5 SCR 174] is not correct. Consequently, the appeal, being not maintainable, stands dismissed. There shall be no order as to costs.”.... The Division Bench of the High Court by the impugned judgment dated 06.02.2020 has not dismissed the review petition as not maintainable. The High Court proceeded to meticulously examine the question...
...) holding that availability of remedy under Section 397 CrPC would make a petition under Section 482 CrPC not maintainable.2. While considering all these matters at the SLP stage...appellants under Section 482 of the Code of Criminal Procedure (for brevity “CrPC”). The High Court held the petitions to be not maintainable in view of the judgment of the Rajasthan High Court in...)“6. … Only because a revision petition is maintainable, the same by itself … would not constitute a bar for entertaining an application under Section 482 of the Code...
...compensation in Civil Appeal No. 4552 of 2005 [@ SLP (C) No. 9788 of 1998]. The subsequent suit or writ petition would not be maintainable in view of the dismissal of the suit. The writ petition was...though the appellants — who were the respondent in the writ petition — had denied the liability on the ground that the deaths had not occurred as a result of their negligence but because of the...(1999) 7 SCC 298 but were delinked as the service had not been completed on the respondent. The Bench disposed of the batch of 10 appeals and these appeals were ordered to be hea...
...passing the Order dated 12.07.2013 by this Hon’ble Court.
(iii) Present SLP is not maintainable as per the settled law laid down by this Hon’ble Court namely that an ...not maintainable against the dismissal of review filed before the HC after dismissal of SLP.
(iv) In any case the SLP is also not...Sarma (supra), the impugned judgment had not been challenged. Therefore, this Court said that no SLP would be maintainable only against the judgment of the High Court rendered in a review petition...
...SLP is not maintainable, since the main order was not challenged but only the order passed in the review petition alone was challenged in this SLP. Hence, the SLP is, therefore, not .... AIR 1964 SC 1372, (1964) 5 SCR 174 is not correct. Consequently, the appeal, being not maintainable, stands dismissed. There shall be no orde...4527 has not dismissed the review petition as not maintainable. The High Court proceeded to meticulously examine the question and after consideration came to the conclusion that there is no...
..., it was submitted that the SLP not being maintainable deserved outright dismissal.
e) Observing that the issue requires deeper examination, a Bench of two Hon'ble...the twin conditions under section 24(2) of the 2013 Act are not met.
f) Group C.3 involves cases where during pendency of the SLP in the first round, the...pending separately and is not part of the present batch. There are also a few cases where there is only one SLP filed and the same is now pending as a Civil Appeal in the present batch after grant of...
...subsequent to Kunhayammed (supra) and “opined in passing” that a review petition subsequent to dismissal of SLP is not maintainable but are of two Judges Benches and again turn on their own facts; (viii...& Anr…. S 2016 (154) DRJ 698 though on the basis of K. Rajamouli and Meghmala (supra) holding review to be not maintainable after dismissal of SLP but is per incuriam Gangadhara and Sri Ram Builders...review petition of the review petitioners would also suffer the same fate. However it would not make the review not maintainable.21. We next take up Bakshi Dev Raj (supra). Incidentally in that case also, the...
...information report and as such present petition is not maintainable and simply
submits that a cognizable offence is not made out against the petitioners.
4. We find that the present petition is not ....
5. Present petition is accordingly dismissed as not maintainable.
Order Date :- 3.7.2024
Karan...information report
dated 07.05.2024 registered as Case Crime No. 172 of 2024, under Sections 420,
467, 468, 471, 120B, 34 IPC, P.S. Jewar, District Gautam Buddha Nagar and not to
arrest the petitioners...