 |
| layman's views |
"WHEN SC IS HEARING LIC’S APPEAL, IS IT POSSIBLE TO IMPLEMENT RAJASTHAN HC JUDGEMENT? REPLY MAY BE NEGATIVE TILL OUTCOME OF LIC’S APPEAL IN SC", ARGUES SHRI BASUDEB DAS IN THIS WRITE UP.
UPON hearing counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.
There shall be no stay of the directions given by the
learned Single Judge vide order dated 12.1.2010 passed in S.B.C.W.P
No. 6676 of 1998 and connected matter.”
IF THE ABOVE ORDER IS STUDIED CAREFULLY, FOLLOWING QUERIES MAY ARISE IN OUR MIND:-
1. WHY RESPONDENT ADVOCATE WAS NOT PRESENT IN THE COURT?, IF PRESENT,NOT ARGUED?
2. DECISION ON CONDONING DELAY WAS TAKEN BY HON’BLE SUPREME COURT WITHOUT HEARING DEFENCE COUNSEL?
3. SLP WAS GRANTED AND NOW LIC’S APPEAL WILL BE HEARD. WHILE ON THIS, WHAT DOES “no stay of the directions given by the learned Single Judge” SIGNIFIES? LIC’S APPEAL IS AGAINST RAJASTHAN HC JUDGEMENT. WHEN SC ISSUES “no stay”, DOES IT MEAN HON’BLE COURT AGREES WITH THE BONAFIDE DECISION OF THE RAJASTHAN HIGH COURT? IN NORMAL CASE, DOCTRINE OF MERGER APPLIES AND LOWER COURT JUDGEMENT IS AUTOMATICALLY STAYED. IT IS AN EXCEPTIONAL RULING. WE MAY HEAR EXPERT’S OPINION.
4. WHEN SC IS HEARING LIC’S APPEAL, IS IT POSSIBLE TO IMPLEMENT RAJASTHAN HC JUDGEMENT? REPLY MAY BE NEGATIVE TILL OUTCOME OF LIC’S APPEAL IN SC.
5. THERE SHOULD NOT BE ANY CONFUSION AS TO DELAY IN PROCEEDINGS BETWEEN CIVIL APPEAL AND SLP APPEAL IN SC. CIVIL APPEAL GOES TO SC, INTER ALIA, UNDER ARTICLE 132, 133, 134 OF THE CONSTITUTION AND SLP GOES UNDER ARTICLE 136 OF THE CONSTITUTION WHERE SCOPE OP ARGUMENT IS LIMITED COMPARED TO OTHER CIVIL APPEALS.
(BASUDEB DAS, KOLKATA)