Effect of Dismissal of SLP : Tenability of review/merger?

By Dr. Sonal Shankar

Published In

Air (Mar) 2016

It is common knowledge that dismissal of SLP by non-speaking order does not constitute res judicata and does not culminate in merger of the impugned decision with the order impugned  in SLP, vide AIR 2007 SC (Supp) 1756, AIR 2000 SC 2587, AIR 1978 SC 1283, AIR 1986 SC 1780, AIR 1990 SC 334, AIR 1996 SC 751, AIR 1967 SC 681, AIR 2002 SC 1130 and a host of other decisions. However when an appeal under Article 13 is dismissed, the order of the High Court merges with that of the Supreme Court. But when  Supreme Court dismisses SLP, the impugned order is neither reversed nor modified nor can the impugned order be said to be affirmed by the Apex Court. What is challenged under Article 136, can be reversed or modified only after granting leave to file the appeal and by exercising the appellate jurisdiction under Article 133. Till then Supreme Court would not assume Appellate jurisdiction qua the impugned order. By dismissal of SLP, Supreme Court does not declare any law or bindin ....

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