Thursday, 22 August 2013

SC : SLP : To Accept Or To Reject

Dear Friends,
                   As you know, various forums in the form of blogs, website and groups are opened or set up on UGC NET JUNE 2012 Issue. Now in the current situation, two scenario arises whether Supreme Court accepts the Special Leave Petition or rejects it and what are its consequences on us and what acceptance and rejection  mean. Secondly, the whole community of victimized candidates is moving around the debate that Supreme Court accepted the Special Leave Petition today or not.
                      Let me elaborate it in short:
                      Special leave to appeal are filed before the Supreme Court under Article 136 of the Constitution. The Supreme Court may accept or reject the same. The consequences of rejection are of far reaching effect. The Apex Court may reject the petition seeking grant of special leave to appeal, for several reasons. When such special leave petition (SLP) is rejected or allowed what are its consequences? Can it be said that the Supreme Court has declared its view on the legal aspects involved and hence by virtue of Article 141 of the constitution, all lower Courts, Tribunals, etc. are bound by the view of the Apex Court? We have tried to explain the legal implication of rejection of Special Leave Application by the Apex Court.
                     A mere dismissal of SLP does not mean that High Court decisions is approved on merits so as to be a judicial precedent. In Smt. Tej Kumari vs. CIT (2001) 247 ITR 210 Full Bench of the Patna High Court held that when a SLP is summarily rejected or dismissed under Art 136 of the Constitution such dismissal does not lay down any law. The decision of the High Court against which the SLP is dismissed in limine would not operate as resjudicata. However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute the binding nature of precedents in such cases.
 Regards,
Yuvi

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