Unsettled question of law leads to double SLPs before SC

Thursday, 25 October 2012 By Legally India Bar, Bench & Litigation

Can a high court review its own decision after the Supreme Court has dismissed a special leave petition from such decision? The absence of a definite answer to this question is causing the double-filing of special leave petitions before the SC.

A bench of SC justices Dipak Misra and KS Radhakrishnan has referred the question to a larger bench, in view of the many conflicting positions on it [The Hindu]

Comments

Sandeep Jalan 27 Oct 2012, 13:13

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High court CAN review its own decision after the Supreme Court has dismissed a special leave petition, but such dismissal should not have been on merit. There is a recent judgement of SC in 2012 only....

Please see the Hindu article 29 Oct 2012, 05:27

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It cites a lot of conflicting opinions on the issue by the apex court. Very natural for the two judge bench to refer the matter to a larger bench.

Dear Kian and Prachi 29 Oct 2012, 05:26

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Would you guys happen to know / be able to find out when the larger bench is expected to take up the matter / pronounce its verdict? Thanks.

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