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avishik goenka (secretary)     11 June 2012

Ia. listed post judgement of sc.

IN (265/2011) IE. BAN ON BLACK FILMS ON VEHICLE GLASSES - AN IA. FOR MODIFICATION OF JUDGEMENT HAS BEEN LISTED .... AS PER ARTICLE - 137 ONLY REVIEW IS POOSIBLE POST JUDGEMENT & THAT TOO BY THE SAME JUDGES IF THEY HAVE NOT RETIRED !! SO HOW AN IA. FOR MODIFICATION CAN BE LISTED FOR HEARING ?? IF IT BE SO THEN ALL JUDGEMENTS HAVE THE SCOPE OF BEING CHALLENGED THROUGH AN IA. RENDERING MOCKERY OF ARTICLE - 137 !! SIMILARLY THEN MOBILE USERS HAVE THE SCOPE OF FILING AN IA. IN THE MATTER OF CANCELLATION OF - 2G LICENCES & SIMILAR SCOPE EXISTS IN ALL MATTERS IN WHICH JUDGEMENT STANDS DELIVERED !!



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 13 Replies

B.K.GUPTA... (ADVISOR)     11 June 2012

On 28.05.2012 -The court ordered to list during vacations

On   8.06.2012 It was listed for 11.06.2012

On 11.6.2012   It has been listed for 09.07.2012

Have you received notice?

If your STARS are favourable then the court may reject the IA

If your STARS are weak then you would have to fight further as nothing can be presumed as final in our system

It varies from person to person

                        judge to judge

Supreme court judgments are sometimes contradictory 

B.K.GUPTA... (ADVISOR)     11 June 2012

Filing IA or any other type of petition is different.One can file any petition but it depends on the judge/justice that when the due action is taken.The court may reject at the first hearing or it may provide opportunity for further hearing on the MERITS.

So be prepared to face the heat.

B.K.GUPTA... (ADVISOR)     15 June 2012

In noida matter (clinics running in residential premises) the SC decided the matter in civil appeal no. 10535 of 2011 on 5.12.2011 but lateron IA no 4 of 2012,5 of 2012 and 6 of 2012 were filed and the SC delivered further order clarifying the ambiguity.By this order SC also disposed 3 other IA no 48,50,53 of 2012 which were filed in CA no 6962 of 2005.

So don't worry but be prepared.

avishik goenka (secretary)     15 June 2012

thank u bk. gupta sir !! the replies were badly needed. i was worried about the applicability of law in the process of filing ia.s post judgement.

B.K.GUPTA... (ADVISOR)     16 June 2012

If you have received notice or receive notice then you should file reply else you make sure that you are there in the court on 9.7.12

B.K.GUPTA... (ADVISOR)     16 June 2012

One more point, I would expect from you and you should without any further delay file application for certified copy/copies of IA filed in the matter (received by SC post judgment).Probably in 3-4 days you may get.So you would be familiar with the opponent's mind and also it would provide you the opportunity to concentrate over the 

issue raised by the person who have filed the IA.

Do keep in mind to ask for all the papers in record after 27.04.2012(i.e. date of decision) alongwith copy of order sheet.This I am suggesting as there may be more than one IA as the case would affect many persons.

You can officially inspect the record in person too and it is possible the same day-for that you can get application for inspection of records(printed proforma) available with stamp vendors typists in the court itself.

The application for copies or for inspection should be submitted before 12 noon on normal working days and before 9.30 AM where the court are of Morning session in summers.

B.K.GUPTA... (ADVISOR)     19 June 2012

Mr AVISHIK,

I would like to bring to your notice a case(Writ Petition Civil 202 of 1995).

It has 17 judgments to its credit and still going strong _ the next date is 2.7.2012.

The actual credit goes to hundreds of IA s filed in the case.

Keep your spirits up!

Good Luck

Inform me about steps taken by you regarding inspection of records or copies of IA.

avishik goenka (secretary)     19 June 2012

sir am stuck up on a different priority till end of the month & only from 3rd will be able to concentrate on all the credible & valued inputs extended at your end.

B.K.GUPTA... (ADVISOR)     09 July 2012

the next date for listing is 11.07.2012

B.K.GUPTA... (ADVISOR)     13 July 2012

The IA filed in the case with other IAs filed in the case is due to be listed on 19.7.2012 ,2.00 p.m.

B.K.GUPTA... (ADVISOR)     22 July 2012

On 19.07.2012 the SC made the following order:

"Heard petitioner in person and learned counsel for the parties.

         Order reserved in all IAs"

B.K.GUPTA... (ADVISOR)     04 August 2012

The Supreme Court on 3.8.2012 delivered the judgment:

"
13.      Still, we will proceed to  discuss  the  contentions  raised.   The
judgment dated 27th April, 2012 was passed in a Public  Interest  Litigation
and the orders passed by this Court would  be  operative  in  rem.   It  was
neither expected of the Court nor is it the  requirement  of  law  that  the
Court should have issued notice  to  every  shopkeeper  selling  the  films,
every  distributor   distributing   the   films   and   every   manufacturer
manufacturing the films.  But, in  any  case,  this  was  a  widely  covered
matter by the Press.  It was incumbent upon the applicants to  approach  the
Court, if they wanted to be heard at that  stage.   The  writ  petition  was
instituted on 6th May, 2011 and the judgment  in  the  case  was  pronounced
after hearing all concerned, including the Union Government, on 27th  April,
2012, nearly after a year.  Hence, this  ground  raised  by  the  applicants
requires noticing only for being rejected."


Attached File : 562920228 sc 3.8.2012.txt downloaded: 104 times

B.K.GUPTA... (ADVISOR)     04 August 2012

All  the  applications   filed   for   clarification   and
        modification were dismissed, however, without any order as to  costs
        in terms of the signed reportable judgment


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