Order 47, Rule 1 and Section 114 CPC- When special leave petition was dismissed in limine without giving any reasons, review petition filed by appellant in High Court would be maintainable

Order 47, Rule 1 and Section 114 CPC  Review Parameters Whether review petition is maintainable before High Court seeking review of a judgment against which special leave petition has already been dismissed by Apex Court - An order refusing special leave to appeal may be a non-speaking order or a speaking one - In either case it does not attract doctrine of merger - An order refusing special leave to appeal does not stand substituted in place of order under challenge - All that it means is that Court was not inclined to exercise - When special leave petition was dismissed in limine without giving any reasons, review petition filed by appellant in High Court would be maintainable and should be decided on merits

KHODAY DISTILLERIES LTD vs MAHADESHWARASAHAKARA CA 2432/19 01/03/19 [ A.K. Sikri JJ ]

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