1988 (1) TMI 37

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....and Mrs. Baby Krishnan, Advocates, with him), for the appellants. JUDGMENT This appeal by the appellant-State is directed against an order of rejection passed by the High Court in Review Petition No. 59/1971 in O.P. No. 390/1967 on June 8, 1973. By the said petition, the State had sought review of the judgment rendered by the High Court in O.P. No. 390 of 1967 on January 1, 1969, holding tha....

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....From this judgment of the High Court, an appeal by way of special leave had been filed in this court. The Supreme Court allowed the appeal and remanded the matter to the High Court for a fresh decision in the light of the observations made in the judgment of this court. The Division Bench of the High Court which heard the matter in the light of the observations made by this court upon remand, took....

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....ct had been subsequently upheld by the court whereas the judgment sought to be reviewed was based on the premise that the Validation Act was ultra vires. In our considered opinion, the High Court should have entertained the application for review. Accordingly, we allow this appeal and set aside the order refusing to entertain the review petition passed by the High Court. Instead of remanding the m....