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Doctrine of Merger of High Court Decision with the Order of ...


Doctrine of Merger: Supreme Court Dismissal Leaves High Court Judgment Unaffected in Appellate Review Case.

April 22, 2024

Case Laws     GST     HC

Doctrine of Merger of High Court Decision with the Order of Supreme Court - The Jharkhand High Court, in its analysis, delved into the doctrine of merger, a pivotal concept in legal proceedings concerning appellate review. The doctrine posits that once an appellate court has reviewed a lower court's decision, the lower court's judgement is absorbed into the appellate decision. This concept was intricately discussed in relation to a case where the Supreme Court of India dismissed a Special Leave Petition (SLP) without granting leave, thereby leaving the original High Court decision intact and unmerged. This implies that despite the Supreme Court's dismissal, the original decision by the High Court stands on its own and is not overshadowed or replaced by the dismissal itself.

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