In Brief
The Supreme Court clarified the law on maintainability of review petitions after dismissal of special leave petitions. A review petition is maintainable in the High Court when a special leave petition is dismissed in limine without reasons, as the doctrine of merger does not apply at the special leave stage. However, if leave to appeal is granted and the Supreme Court exercises appellate jurisdiction, then the doctrine of merger applies and no review is permissible. When a special leave petition is dismissed by a speaking order declaring law, Article 141 considerations bind all courts, but this is distinct from merger. The Court set aside prior conflicting views and affirmed the comprehensive principles stated in Kunhayammed as correct law."
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