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april 1962

Supreme Court of India · 1962-04-18

RAM LAL KAPUR AND SONS (P) LTD. vs RAM NATH AND OTHERS

Citation / case number
SC 1961/64
Court
Supreme Court of India
Petitioner
RAM LAL KAPUR AND SONS (P) LTD.
Respondent
RAM NATH AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the application for special leave to appeal against the judgment of the Punjab High Court was granted ex-parte without notice to the respondent, which is generally not permissible under the Supreme Court Rules, 1950, Order XIII, Rule 1, Proviso (v). The Court emphasized that in most cases, notice should be served to the respondent before granting special leave to ensure fairness. However, in the peculiar circumstances of this case, the leave should not be revoked despite the delay in application, highlighting the need for potential amendments to the Supreme Court Rules.

RAM LAL KAPUR AND SONS (P) LTD. vs RAM NATH AND OTHERS · Niyam