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Friday, August 16, 2013

ARGUMENTS ON LIC'S FRESH SLP‏


                  BASUDEB DAS, KOLKATA                  
IT WAS OBVIOUS 
THAT FINANCE MINISTRY WILL PROMPT LIC 
TO FILE FRESH SLP AGAINST JAIPUR DB JUDGEMENT 
AND IT HAPPENED. NOW HOW TO ARGUE FOR DISMISSAL OF 
THIS FRESH SLP? 

SOME POINTS MAY BE CONSIDERED.

A. WHILE DISMISSING EARLIER SLP, SC BENCH HELD  “…It is also made clear that this order  shall not entitle the SLP petitioner to claim condonation of delay  as  a matter of right and the application, if any, filed for this purpose  will  be decided on its own merits.”  

 SO THERE IS SCOPE TO ARGUE THAT THE SLP IS BARRED BY LIMITATION AS THE RULE IS AS FOLLOWS :-

“Special Leave Petition before Supreme Court

 1. Under Article 136 of the Constitution of India any person aggrieved by any judgment, decree, determination or order in any cause or matter passed or made by any Court or Tribunal in the territory of India may appeal to the Supreme Court of India. Accordingly a person aggrieved by any order or judgment of High Court or of Tribunal may appeal to the Supreme Court by filing Special Leave Petition.
2. Procedure for filing Special Leave Petition (SLP)

Time Limit

  • The Rules Governing SLP are contained in order XVI of the Supreme Court Rules 1966. Under the said Rules, SLP can be filed against either the Order of High Court rejecting petition for Leave to Appeal to Supreme Court of India; i.e. on High Court refusing to grant Certificate of Fitness for Leave to appeal to Supreme Court or against the Order/Judgment itself. 
  • It is also possible to file SLP against the Judgment of the High Court either in Writ Petition or in the Income-tax Reference. If the Petition is filed against the Judgment of the High Court, the time limit is 90 days from the date of Judgment/Order and 
  • if the Petition is filed against the Order of High Court refusing to grant Certificate of Fitness for Appeal, the time limit is 60 days from the date of Order refusing to grant Certificate. 

The above time limit is subject to the time taken for obtaining certified copy of the Judgment/Order; i.e., subject to Sections 4, 5, 12 and 14 of the Limitation Act, 1963.”

B.  IN THE ABSENCE OF SPEAKING ORDER ON JAIPUR DB VERDICT BY SUPREME COURT WHILE DISMISSING LIC’S SLP, DOCTRINE OF MERGER WILL NOT OPERATE AND AS SUCH JAIPUR DB VERDICT WILL HAVE ITS OWN STAND WITHOUT BEING INFLUENCED BY SUPREME COURT DECISION OF DISMISSAL. SO ANY FRESH SLP BY LIC WILL ATTRACT BAR BY LIMITATION AND BE DISMISSED. 

C.  WE THE PENSIONERS ALL KNOW HOW LIC/GOVT IS DRAGGING THE SUITS TO DEPRIVE LEGITIMATE DEMAND OF OURS AND DIFERRENT BENCH ALSO ENDORSED THIS VIEWS DURING ARGUMENTS. HERE ARTICLE 145(i) OF THE COSTITUTION MAY BE RELEVANT WHICH READS

“145(i)  rules providing for the summary determination of any appeal which appears to the court to be frivolous or vexatious or brought for the purpose of delay.” 

IT WILL BE OUR VALID ARGUMENT THAT LIC IS ACTING AGAINST THE CONSTITUTION BY FILING FRESH SLP WHICH NEEDS TO BE DISMISSED AS IT GOES AGAINST THE CONSTITUTION.


BASUDEB DAS, EX RM(LEGAL)/E ZONE/KOLKATA
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