Doctrine of Merger

S.E. Graphites (P) Ltd. v. State of Telangana, (2020) 14 SCC 521

 

once a special leave petition has been granted, the doors for the exercise of appellate jurisdiction of this Court have been let open. Resultantly, the order impugned before the Supreme Court became an order appealed against and any order passed thereafter would be an appellate order and attract the doctrine of merger despite the fact that the order is of reversal or of modification or of affirming the order appealed against and including is a speaking or non-speaking one

Contempt is between contemnor and the court

Review - Error apparent - contrary to statutory scheme

Failure to notice applicable statutory regime is a ground for review.

(2019) 17 SCC 385 Sunil Vasudeva v. Sundar Gupta, paras. 26 & 29

Failure to notice applicable statutory regime is a ground for review.

Service Matter - extending benefit to similarly situated employees - fence sitters etc

State of U.P. v. Arvind Kumar Srivastava, (2015) 1 SCC 347, PARA 22

 

not necessary to set aside the consequential order

In State of Kerala v. Puthenkavu N.S.S. Karayogam, (2001) 10 SCC 191 at page 192, the Supreme Court has held that :

 

9. Mr E.M.S. Anam, learned counsel for the petitioner Vadavucode-Puthencruz Grama Panchayat submitted that pursuant to the impugned order learned Single Judge had passed consequential orders and he pleads that this Court may interfere with the said consequential orders also. We find it unnecessary because when once the main impugned order is set aside, any other consequential order made pursuant to the same would automatically go.

 

Delay in filing S 138 complaint

 

NEGOTIABLE INSTRUMENTS ACT, Ss. 138 & 142 — CRIMINAL PROCEDURE CODE, 1973, Ss. 473, 200, 202 & 203 — Time-barred complaint — Complainant obliged to submit an application for condonation of delay if prima facie complaint filed beyond period of statutory limitation — Else complaint can be dismissed complaint for delay any time and even in appeal or in revision

2003 SCC OnLine Bom 1132 : (2003) 2 MWN (Cri) DCC 73 (Bom) : 2004 Cri LJ 1687 : (2004) 4 BC 128 : (2004) 3 BC 33

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