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Querist : Anonymous (Querist) 21 March 2023 This query is : Resolved
Can Supreme court dismiss a SLP without considering the facts and circumstances in the matter.

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This discussion clarifies whether the Supreme Court can dismiss a Special Leave Petition (SLP) without delving into the specific facts and circumstances. It explains that an SLP can be dismissed via a non-speaking order, which doesn't require reasons and doesn't lead to the doctrine of merger or become a declaration of law. Even if a dismissal order provides reasons, it's still considered a discretionary refusal of leave, not an appellate decision, thus not attracting the doctrine of merger.

Sudhir Kumar, Advocate (Expert) 22 March 2023
what is your query.

T. Kalaiselvan, Advocate (Expert) 22 March 2023
A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a nonspeaking order, i.e., it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine of merger so as to stand substituted in place of the order put in issue before it nor would it be a declaration of law by the Supreme Court under Article 141 of the Constitution for there is no law which has been declared. If the order of dismissal be supported by reasons then also the doctrine of merger would not be attracted because the jurisdiction exercised was not an appellate jurisdiction but merely a discretionary jurisdiction refusing to grant leave to appeal

Sudhir Kumar, Advocate (Expert) 10 May 2023
please describe facts.

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