Doctrine Of Merger Not Universal In Application, Article 142 Powers An Exception: Supreme Court thumbnail
Doctrine Of Merger Not Universal In Application, Article 142 Powers An Exception: Supreme Court
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According to the respondents, these Supreme Court orders were passed after grant of leave and by a speaking order upon hearing all parties involved; as such, doctrine of merger applied. "The judgment and order of the High Court cannot thereafter be challenged by any party, as it has ceased to exist
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  • According to the respondents, these Supreme Court orders were passed after grant of leave and by a speaking order upon hearing all parties involved; as such, doctrine of merger applied. "The judgment and order of the High Court cannot thereafter be challenged by any party, as it has ceased to exist", the respondents urged.
  • The appellant-authorities, on the other hand, pled that doctrine of merger was merely a common law doctrine, which did not have universal application. They further submitted that in the first round of litigation, they were impleaded as a formality and not adequately heard.
  • After hearing the parties and going through the decision in Kunhayammed and Others v. State of Kerala and Another, the Court noted that if doctrine of merger was applied mechanically to certain category of cases, it would lead to irreversible consequences. Taking into account public interest concerns, it said, "...the concept of public interest ne...

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