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april 1955

Supreme Court of India · 1955-04-05

SHIVA JUTE BALING LTD. vs HINDLEY & CO. LTD.

Citation / case number
SC 1953/1413
Court
Supreme Court of India
Petitioner
SHIVA JUTE BALING LTD.
Respondent
HINDLEY & CO. LTD.
Bench
MUKHERJEE, BIJAN KR. (CJ)

Judgment text excerpt

The Supreme Court clarified the procedure to be followed after granting special leave to appeal under Article 136 of the Constitution, specifically addressing the applicability of Order XIII, rules 8 and 9 of the Supreme Court Rules and Order XLV of the Civil Procedure Code. The Court held that the Registrar must transmit a certified copy of the order to the lower court, which must then act in accordance with the rules unless directed otherwise. The Court emphasized that rescinding special leave under rule 13 can only occur if the lower court reports a lack of diligence by the appellant in prosecuting the appeal.

SHIVA JUTE BALING LTD. vs HINDLEY & CO. LTD. · Niyam