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1998 (9) TMI 663 - SC - Indian Laws

Issues Involved:
The issues involved in this case include the exercise of review jurisdiction by the High Court after the dismissal of special leave petitions by the Supreme Court, the propriety of entertaining review petitions against the same order challenged in the special leave petitions, and the abuse of court process by the respondents in filing vexatious litigation.

Review Jurisdiction Exercise by High Court:
The High Court's review jurisdiction was questioned as it reviewed an order after the Supreme Court had dismissed special leave petitions against the same order. The High Court's interference at that stage was deemed subversive of judicial discipline, as it had no power to review the order already challenged in the Supreme Court. The High Court's actions were considered an affront to the Supreme Court's order, and the exercise of jurisdiction was found to be palpably erroneous.

Abuse of Court Process:
The respondents were criticized for abusing the court process by approaching the High Court with review petitions after their special leave petitions were dismissed by the Supreme Court. The filing and hearing of review petitions after the Supreme Court's dismissal were strongly deprecated, and it was noted that the respondents engaged in vexatious litigation. The manner in which the review petitions were filed and entertained was disapproved, leading to the appeals succeeding on this ground.

Decision and Costs:
The appeals were allowed, and the impugned order of the High Court in the review petitions was set aside. Additionally, the respondents were directed to pay a sum of Rs. 10,000 as costs. The Supreme Court emphasized the importance of upholding judicial propriety and avoiding similar instances in the future where the court's orders are disregarded or challenged improperly.

 

 

 

 

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