2004 (3) TMI 827 - SC - Indian Laws

Summary

Issues:
1. Maintainability of Special Leave Petitions against the Order dismissing Review Petitions.

Analysis:
The Supreme Court addressed the issue of the maintainability of Special Leave Petitions against the Order dismissing Review Petitions. Initially, Special Leave Petitions were filed against a main judgment, but during the hearing, the Petitioners sought permission to withdraw the petitions to seek a review of the National Commission's order. The Court granted permission, and the petitions were dismissed as withdrawn. Subsequently, review applications were filed before the High Court, which were also dismissed, leading to the challenge of the Order dismissing the Review Petitions through the Special Leave Petitions.

In the case of Shankar Motiram Nale v. Shiolalsing Gannusing Rajput, the Court had held that a Special Leave Petition is not maintainable against an order rejecting an application for review. The Supreme Court acknowledged being bound by this authority and expressed agreement with it. The Court distinguished other cases where the maintainability of Special Leave Petitions was considered in the context of res judicata principles, emphasizing that those cases did not address the specific issue of Special Leave Petitions against an Order disposing of a Review Petition. Consequently, the Court held that the Special Leave Petitions in the present case were not maintainable based on the precedent set in Shankar Motiram Nale's case and dismissed them accordingly, without any order as to costs.