Supreme Court Prima Facie Disagrees That Second SLP Can Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn
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However, in its instant order, the Court, while relying on Order XXIII Rule 1 of the Code of Civil Procedure (Withdrawal of suit), said a party is not permitted to have a “second bit at the cherry” after withdrawing the plea and not taking Court's leave to file a fresh one. The Supreme Court, recent
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- However, in its instant order, the Court, while relying on Order XXIII Rule 1 of the Code of Civil Procedure (Withdrawal of suit), said a party is not permitted to have a “second bit at the cherry” after withdrawing the plea and not taking Court's leave to file a fresh one.
- The Supreme Court, recently (on July 29), has prima facie disagreed with the view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP still exists. Pertinently, this view was taken by a Division Bench of the Top Court in the case of S. Narahari And Ors. v. S...
- To elaborate, in Narahari's case, the Court took into consideration a judgment passed by a three-judge Bench in Khoday Distilleries Ltd. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. Therein, the issue before a three-judge Bench of the Apex Court was whether a review petition in the High Court is maintainable, once SLP raising the same issue h...
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