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july 1995

Supreme Court of India · 1995-07-02

BIRENDRA KUMAR SINGH vs GUPT NATH SINGH

Citation / case number
SC 1994/19248
Court
Supreme Court of India
Petitioner
BIRENDRA KUMAR SINGH
Respondent
GUPT NATH SINGH
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court addressed the interlocutory application filed by the High Court of Judicature at Allahabad regarding the overruling of the Division Bench judgment in U.P. Rashtriya Chini Mill Adhikari Parishad vs. State of U.P. by a Full Bench. The Court held that once a judgment is overruled by a higher court, it is treated as non-est, and the High Court is permitted to file a special leave petition against the earlier judgment. The Court did not delve into the merits of the case as the special leave petition was deemed infructuous due to the overruling.

BIRENDRA KUMAR SINGH vs GUPT NATH SINGH · Niyam