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Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

Revocation of SLP

SLP under Art 136 has been allowed by the Supreme Court and the appeal has been registered for hearing. whether while hearing the appeal the Supreme Court instead of deciding the appeal on merits, can revok the special leave ?



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 2 Replies

N.K.Assumi (Advocate)     20 June 2009

Dear Dr.Tripathi, in the case of Balkrishna Vs ramaswamy AIR 1965 SC 195, the apex court held that it can not be stated asa general preposition the leave once granted cannot be revoked. But where SLP has been granted after notice to the respondent and giving him a hearing the SC will not revoke the leave, except in extraordinary circumstances. But, where the SLP was granted after ex parte hearing, it would be open to the Respondent to urge at the final hearing that leave should be revoked or that the appellant had not complied with the rules of the Court. Hindustan Commercial Bank vs Bhagwan das AIR 1965 SC 1142.

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

thanks !


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