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iDraf
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Reasoning
Abdul Rehman Antulay
v.
Union Of India And Ors. Etc
(Supreme Court Of India)
ORIGINAL & CRIMINAL APPELLATE JURISDICTION Writ Petition (Crl) No. 708 of 1984 | 17-04-1984
AMARENDRA NATH SEN, J.
1. There is no merit in this Writ Petition. The writ petition is accordingly dismissed.
2. In my view, t he writ petition challenging the validity of the order and judgment passed by this Court as nullity or otherwise incorrect cannot be entertained. I wish to make it clear that the dismissal of this writ petition will not prejudice the right of the petitioner, to approach the Court with an appropriate review petition or to file any other application which he may be entitled in law to file.
DESAI, J.
3. I broadly agree with the conclusion recorded by my brother.
4. The learned Judge in deciding the S.L.P. (Crl) Nos. 1149-50/1984 has followed the decision of this Court. The learned Judge was perfectly justified and indeed it was the duty of the learned Judge to follow the decision of this Court which is binding on him.
5. Special leave petitions are dismissed.
6. Petitions dismissed.
1. There is no merit in this Writ Petition. The writ petition is accordingly dismissed.
2. In my view, t he writ petition challenging the validity of the order and judgment passed by this Court as nullity or otherwise incorrect cannot be entertained. I wish to make it clear that the dismissal of this writ petition will not prejudice the right of the petitioner, to approach the Court with an appropriate review petition or to file any other application which he may be entitled in law to file.
DESAI, J.
3. I broadly agree with the conclusion recorded by my brother.
4. The learned Judge in deciding the S.L.P. (Crl) Nos. 1149-50/1984 has followed the decision of this Court. The learned Judge was perfectly justified and indeed it was the duty of the learned Judge to follow the decision of this Court which is binding on him.
5. Special leave petitions are dismissed.
6. Petitions dismissed.
Advocates List
Murli Bhandare, Govinddas, Ms. Bina Gupta, H.R. Bhardwaj and PP. Singh, Ram Jethmalani, Ashok Desai and Ms. Rani Jethmalani, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE A. N. SEN
HON'BLE JUSTICE D. A. DESAI
Eq Citation
1984 (1) SCALE 620
AIR 1984 SC 1358
[1984] 3 SCR 482
LQ/SC/1984/108
HeadNote
Constitution of India — Arts. 137 and 136 — Review — When review petition can be filed — Writ petition challenging validity of order and judgment passed by Supreme Court as nullity or otherwise incorrect — Held, cannot be entertained — However, dismissal of writ petition will not prejudice right of petitioner to approach Supreme Court with an appropriate review petition or to file any other application which he may be entitled in law to file — Practice and Procedure — Review — Review petition — When maintainable (Para 1)
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