Special leave petition dismissed for not challenging main order after review petition; separate challenge required. The Court dismissed the special leave petition, ruling it was not maintainable as only the order from the review petition was challenged, not the main ...
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Special leave petition dismissed for not challenging main order after review petition; separate challenge required.
The Court dismissed the special leave petition, ruling it was not maintainable as only the order from the review petition was challenged, not the main order. The Court held that once the review petition was dismissed, there was no merger, and the main order had to be challenged separately. Previous judgments were referenced to support this conclusion.
Issues involved: Challenge to maintainability of special leave petition based on the order passed in the review petition.
Summary: 1. The special leave petition was filed against the order passed by the High Court in a review petition. The Respondent argued that the petition was not maintainable as the main judgment was not challenged.
2. The Petitioner relied on a previous judgment and contended that the SLP was maintainable even though the main order was not challenged. The Court referred to specific paragraphs of the judgment to support this argument.
3. The Court disagreed with the views expressed in the previous judgment and held that once the review petition was dismissed, there was no merger and the main order had to be challenged. Reference was made to other judgments to support this conclusion.
4. Based on the principles laid down in previous judgments, the Court dismissed the special leave petition, stating that it was not maintainable as only the order from the review petition was challenged, not the main order.
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