favour of the pensioners, and LIC files one SLP against the
judgement. Is this scenario possible?
What is the opinion of the pensioners with legal background?"
Subir Kumar Mazumder
Posted by Gangadharan PG at 10/20/2013 09:38:00 PM
BEFORE PUTTING MY COMMENT ON ABOVE, LET ME REFER AN INTERPRETATION GIVEN BY HON'BLE SUPREME COURT IN THE CASE KUNHAYAMMED VS. STATE OF KERALA (2000) 245 ITR 360 (SC) WHERE SC SUMMARIZED ITS CONCLUSIONS AS UNDER :-
"......(v) Once leave to appeal has been granted and appellate jurisdiction of Supreme Court has been invoked, the order passed in appeal would attract the doctrine of merger; the order may be of reversal, modification or merely affirmation.
(vi) On an appeal having been referred or a petition seeking leave to appeal having been converted into an appeal before Supreme Court, the jurisdiction of the High Court to entertain a review petition is lost thereafter as provided by sub rule(1) of Rule (1) of order 47 of the CPC.
(vii) Inspite of a petition for special leave to appeal having been filed, the judgment, decree or order against which leave to appeal has been sought for continues to be final, effective and binding as between the parties. Once leave to appeal has been granted, the finality of the judgement, decree or order appealed against is put in jeopardy, though it continues to be binding and effective between the parties unless it is a nullity or unless the court may pass a specific order staying or suspending the operation or execution of the judgment, decree or order under challenge....."
IN THE LIGHT OF ABOVE SC INTERPRETATION, IT IS VERY DIFFICULT TO EXPECT MUCH ON 22ND CONTEMPT HEARING OF RAJASTHAN HC WHERE PROCEEDINGS APPEAR TO BE RESERVED PENDING DECISION OF APPEAL ARISING OUT OF LIC'S APPEAL IN SC DIVISION BENCH.
BASUDEB DAS, KOLKATA