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Supreme Court of India 2019-03-01 disposed

KHODAY DISTILLERIES LTD. (NOW KHODAY INDIA LIMITED) vs SRI MAHADESHWARA SAHAKARA SAKKARE KARKHANE LTD

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

In two consolidated civil appeals, the Supreme Court addressed whether a High Court can entertain a review petition after a special leave petition against the High Court's judgment has been dismissed. The Court held that dismissal of a special leave petition in limine (without reasons) does not prevent subsequent review of the High Court judgment. The doctrine of merger applies only after special leave is granted and appellate jurisdiction is invoked—not at the initial stage of deciding whether to grant leave. The Court clarified that Article 136 confers discretionary power, not an automatic right of appeal. These appeals remanded the matters to the High Court for consideration of review petitions on their merits.

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Civil Procedure Appellate Jurisdiction Res Judicata Merger Doctrine Review Petitions Special Leave Petitions Constitutional Law Supreme Court Jurisdiction Article 136 Judicial Discipline

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