Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1994

Supreme Court of India · 1994-02-25

KRISHAN LAL vs STATE OF JAMMU & KASHMIR

Citation / case number
SC 1991/68906
Court
Supreme Court of India
Petitioner
KRISHAN LAL
Respondent
STATE OF JAMMU & KASHMIR
Bench
B.P. JEEVAN REDDY & B.L. HANSARIA

Judgment text excerpt

The Supreme Court held that procedural safeguards should not override the substantive rights of individuals, referencing the legal maxim 'Quilibet potest reuntiare jiiri pro se introducto'. The Court found that the High Court's dismissal of the appellant's suit on grounds of jurisdiction and res judicata was erroneous, as the dismissal was in violation of mandatory requirements under the Jammu & Kashmir (Government Servant) Prevention of Corruption Act, 1962. The Court allowed the appeal, reinstating the trial court's decree that the dismissal was void and illegal.

KRISHAN LAL vs STATE OF JAMMU & KASHMIR · Niyam