January 2019

ALLIED LAWS

Rahul K. Hakani / Sashank Dundu
Advocates/ DR.K.Shivaram
Senior Advocate

15.  Appeal dismissed - Merger of the High Court order into the Supreme Court Order. [Constitution of India, Article 141, 136]

 

Archana Mishra and Ors. vs. State of U.P. and Ors. AIR 2018 Allahabad 278

 

The question before the Court for consideration was with respect to whether Dr. Vishwajeet Singh's case  and the Full Bench decision in Heera Lal's case  have been correctly decided.

 

It was observed that the decision in Dr. Vishwajeet Singh had been subjected to challenge before the Supreme Court in Civil Appeal Nos. 6385-6386 of 2010, and the same was dismissed without any discussion. Hence, it was not in dispute that if it is ultimately held that the view/opinion expressed by the Division Bench in Dr. Vishwajeet Singh's stands confirmed and merged in the order of the Supreme Court, it would not be necessary for the reference to be addressed on merits.

 

It was held by the Court that their unequivocal answer therefore to the issue framed would be that the decision in Dr. Vishwajeet Singh stood duly affirmed by the Supreme Court. The said decision consequently merged in the order of the Supreme Court. The order of the Supreme Court came to be rendered after grant of leave. Once the decision of this Court stood merged in the order of the Supreme Court, it would not be legally permissible for this Full Bench to consider the correctness or otherwise of Dr. Vishwajeet Singh. This Court is bound by the said order of the Supreme Court irrespective of the absence of a "speech" or recordal of elaborate reasons on the legal issues

--->

Past Issues

Flip-Book
HTML View
Current Issue