Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Writ Petition to decide the writ petition afresh on appellant pleadings not considered dismissed based on counter affidavit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Uttar Pradesh State Universities Act, 1973 (10 of 1973) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Pleadings – Writ petition was filed by the appellant in the High Court seeking a writ of mandamus commanding the respondent-University to pay him salary as Lecturer – Writ petition dismissed by the High Court on basis of the paragraph 3(h) and 3(i) of the counter-affidavit and paragraph 6 of the rejoinder – Review application was also dismissed – On appeal, held: From the record sit appears that along with the writ petition of the appellant another petition was connected and heard – While deciding the writ petition of the appellant paragraph 3(h) and 3(i) of the counter-affidavit and paragraph 6 of another writ petition was referred to – The judgment of the High Court deciding writ petition of appellant without referring to the pleadings in the concerned writ petition cannot be upheld – Thus, judgment and order of the High Court set aside and matter remitted to the High Court to decide the writ petition afresh on the basis of the pleadings on the record. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 319 |
Petitioner | Krishna Nand Shukla |
Respondent | Director Of Higher Education Allahabad & Ors. |
SCR | [2019] 4 S.C.R. 183 |
Judgement Date | 2019-03-06 |
Case Number | 2544 |
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