HCs can entertain petitions even after we dismiss it: SC
New Delhi: The Supreme Court on Wednesday said mere
observations made by it cannot be treated as a law or a
precedent and a review petition in exceptional circumstances
can be filed in High Courts even after the apex court had
dismissed a special leave petition.
A bench of justices Markandeya Katju and Gyan Sudha
Mishra said in a judgement that the apex court court cannot
take affront if the high court entertains a review petition
even after the Supreme Court had dismissed a special leave
"In our opinion, the above observations cannot be treated
as a precedent at all. We are not afraid of affronts. What has
to be seen is whether a legal principle is laid down or not.
It is totally irrelevant whether we have been affronted or
"A mere stray observation of this court, in our opinion,
would not amount to a precedent. The above observation of this
court is, in our opinion, a mere stray observation and hence
not a precedent, " the bench said.
The apex court passed the ruling while upholding an
appeal by Gangadhara Rao challenging the decision of the
Andhra Pradesh High Court to dismiss his petition in a
property dispute on the ground that his SLP was already
dismissed by the Supreme Court.
More from India
More from World
More from Sports
More from Entertaiment
- Congress workers blow up pigeons by blasting them inside rockets
- Beef row: Lalu Prasad Yadav contradicts his statements
- Lalu Yadav's son Tejasvi Yadav wants to change the face of Bihar education
- Indrani Mukerjea attains consciousness; is now out of danger
- News reporter Hemant Yadav shot by unidentified bikers
- Indrani Mukerjea regains consciousness, out of danger, says hospital
- Is Salman Khan - Aamir Khan friendship over?
- Dadri lynching case: Sadhvi Prachi makes provocative remark, says beef-eaters deserve such fate
- Modi must be punished, he has cheated people: Ram Jethmalani
- Was Giani Zail Singh planning to topple Rajiv Gandhi govt in 1987?