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may 1975

Supreme Court of India · 1975-05-02

S. KALAWATI vs DURGA PRASAD & ANR.

Citation / case number
SC 1969/60386
Court
Supreme Court of India
Petitioner
S. KALAWATI
Respondent
DURGA PRASAD & ANR.
Author
A. ALAGIRISWAMI
Bench
A. ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that an order of the High Court under Articles 226 or 227 is not an order of affirmance and does not confer a right of appeal under Article 133. The Court clarified that the dismissal of a petition in limine does not equate to an affirmance of the lower court's decision. Consequently, the High Court's order was set aside, and it was directed to properly address the petition brought before it, as the reasons for the dismissal were unclear.

S. KALAWATI vs DURGA PRASAD & ANR. · Niyam