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Supreme Court of India 2020-10-05 dismissed

T.K. DAVID vs KURUPPAMPADY SERVICE CO-OPERATIVE BANK LTD. & ORS

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

T.K. David, a dismissed bank employee, challenged a High Court order rejecting his review petition. The Supreme Court held that a Special Leave Petition against an order dismissing a review petition is not maintainable when the main judgment is not being challenged. Since David's earlier SLP against the main judgment had already been dismissed and become final, he cannot indirectly challenge it by attacking the review order. The Court reiterated that when a review is rejected, it merely affirms the original judgment (no merger doctrine applies), so the remedy is to challenge the main judgment, not the review order. The petition was dismissed as not maintainable.

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Constitutional Law Judicial Review Review Petitions Maintainability of Appeals Res Judicata Doctrine of Merger

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