Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Appeal – Dismissal of appeals by Division Bench “as notpressed” – Propriety of – On facts, intra court appeals before theDivision Bench of the High Court against quashing of theacquisition proceedings by the Single Judge – Division Benchdismissed the appeals “as not pressed” and withdrawn – On appeal,held: Right of appeal is a valuable right of a litigant – He is entitledto prosecute this right as it enables him to seek adjudication of theissues on merits, which are subject matter of the appeal – However,such right can be forgone but has to be done with express authorityand free will – On facts, no express prayer made by the DevelopmentAuthority and nor it could be inferred from the document relied onat the instance of respondents for forming an opinion ‘not to pressthe appeal’ – Dismissal of appeal certainly deprived the Authorityof their right to prosecute the appeals on merits – Furthermore, theDevelopment Authority being a juristic entity created under the Act,they have to ensure strict compliance of the relevant provisions ofthe Act under which they are created along with the compliance ofthe provisions of the Code of Civil Procedure for forgoing theirright to prosecute the appeal on merits – Thus, the conclusionarrived at by the Division Bench set aside – High Court to decidethe appeals on merits.Subsequent Events – Relevance of – Held: Any act done bythe parties in relation to the subject matter of the appeals after theimpugned order, are of no relevance for deciding the present appealsand cannot be pressed into service to support the impugned order –Legality and correctness of the impugned order is to be examinedin the light of reasoning contained in the impugned order and noton the basis of the acts done by the parties subsequent to the passingof impugned order |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 798 |
Petitioner | Mysore Urban Development Authority |
Respondent | K.m. Chikkathayamma And Ors. |
SCR | [2018] 11 S.C.R. 141 |
Judgement Date | 2018-09-07 |
Case Number | 9182 |
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