Supreme Court dismisses Special Leave Petitions against review orders, reiterates legal principles The Supreme Court held that Special Leave Petitions (SLPs) against review orders and previously dismissed petitions are not maintainable. The Court ...
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Supreme Court dismisses Special Leave Petitions against review orders, reiterates legal principles
The Supreme Court held that Special Leave Petitions (SLPs) against review orders and previously dismissed petitions are not maintainable. The Court emphasized that once an SLP against the main order is dismissed, challenging the main order again is impermissible. It reiterated that SLPs are not maintainable against orders in review petitions, citing established legal principles. The Court refused to pass an identical order as requested by the petitioners, upholding the settled legal position. Consequently, leave to file the SLPs was refused, and they were dismissed. The Court directed the office to include the current order in the file of any future SLPs against the specific orders mentioned in the case for clarity and consistency.
Issues: 1. Maintainability of Special Leave Petitions against review orders and previous dismissed petitions.
Analysis: The Supreme Court addressed the issue of the maintainability of Special Leave Petitions (SLPs) against review orders and previously dismissed petitions. The case involved a review petition against an order dated 31/5/2002, which was initially challenged through a dismissed SLP. Subsequently, a review petition was filed before the High Court, which also got dismissed. The petitioners sought to challenge both the review order and the original order dated 31/5/2002. The petitioners relied on previous court orders to support their plea. However, the Court emphasized that once an SLP against the main order has been dismissed, it is not permissible to challenge the main order again. The Court reiterated that SLP is not maintainable against an order in a review petition, citing settled legal principles. The Court highlighted that the previous court orders cited by the petitioners did not consider these crucial aspects and, therefore, cannot be considered as precedents.
The Court refused to entertain the request to pass an identical order as requested by the petitioners, emphasizing that the settled legal position must be upheld. The Court held that since the SLPs were not maintainable, leave to file a Special Leave Petition was refused, and the SLPs stood dismissed. The Court further directed that in the future, if any SLP is filed against the specific orders mentioned in the case, the office should place the current order in the file of that SLP with an office report. This directive aimed to ensure clarity and consistency in handling similar cases in the future, particularly concerning the maintainability of SLPs against specific orders of the High Court.
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