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.