Supreme Court Dismisses Special Leave Petition; Upholds HC Decision Despite Outdated Precedent Due to Time Lapse and Complaint Filed. In SC, Justices M.M. Sundresh and Aravind Kumar dismissed a Special Leave Petition. Although they found the impugned HC judgment unsustainable based on ...
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Supreme Court Dismisses Special Leave Petition; Upholds HC Decision Despite Outdated Precedent Due to Time Lapse and Complaint Filed.
In SC, Justices M.M. Sundresh and Aravind Kumar dismissed a Special Leave Petition. Although they found the impugned HC judgment unsustainable based on outdated precedent, they opted not to interfere due to the time elapsed and the filing of a complaint. The Court referenced newer legal principles but upheld the HC's decision, dismissing the petition and disposing of any pending applications.
In the Supreme Court judgment, Justices M.M. Sundresh and Aravind Kumar addressed a Special Leave Petition. The Court noted that the impugned judgment relied on the precedent set in "Nikesh Tarachand Shah v. Union of India - (2018) 11 SCC 1." However, they referenced the more recent legal principles established in "Vijay Madandal Chaudhary & Ors. v. Union of India - 2022 SCC OnLine (SC) 929." Despite finding the impugned judgment unsustainable in law, the Court chose not to interfere with the High Court's conclusion due to the elapsed time and the fact that a complaint had already been filed. Consequently, the Special Leave Petition was dismissed, and any pending applications were disposed of.
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