Open iDraf
Yadavindra Public School Association v. State Of Punjab And Others

Yadavindra Public School Association
v.
State Of Punjab And Others

(Supreme Court Of India)

Civil Appeal No. 3376 of 1998 | 17-07-1998

1. Leave granted

2. Considering that serious allegations of mala fides have been raised in the writ petition, it was not appropriate, in our opinion, for the High Court to have dismissed the writ petition by a detailed order in limine and without notice. When such allegations of mala fides are raised and the person against whom the allegations are made has been impleaded as a respondent, it would be appropriate to give an opportunity to the person concerned to file an affidavit and then to decide the case on merits. Without expressing any opinion on the merits of this case, we set aside the judgment of the High Court and restore CWP No. 16047 of 1997 to the file of the High Court for decision in accordance with law. Pending disposal of the writ petition, the appellant should not be dispossessed.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE A. P. MISHRA

HON'BLE JUSTICE B. N. KIRPAL

Eq Citation

AIR 1999 SC 3373

(1999) 1 SCC 189

LQ/SC/1998/640

HeadNote

Constitution of India — Arts. 226 and 32 — Serious allegations of mala fides — When raised, held, it is not appropriate for High Court to dismiss writ petition by a detailed order in limine and without notice — When such allegations are raised and person against whom allegations are made is impleaded as a respondent, it would be appropriate to give an opportunity to the person concerned to file an affidavit and then to decide the case on merits — Practice and Procedure — Writ Petition/Application/Appeal — Mala fides

©2020 - LQ Global Services Private Limited. All rights reserved.