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

december 2008

Supreme Court of India · 2008-12-05

State Of M.P. & Ors vs Visan Kumar Shivcharan Lal

Citation / case number
AIR 2009 SUPREME COURT 1999
Court
Supreme Court of India
Petitioner
State Of M.P. & Ors
Respondent
Visan Kumar Shivcharan Lal
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Division Bench of the Madhya Pradesh High Court erred in dismissing the Letters Patent Appeal on the grounds of maintainability under Article 227 of the Constitution of India. The Court clarified that the nature of the relief sought, rather than the nomenclature of the petition, determines the applicable Article. It emphasized that an appeal lies under Section 2 of the Industrial Disputes Act, 1947 from a judgment or order passed by a single judge under Article 226, and that the High Court must consider the nature of the controversy involved in the writ petition.

State Of M.P. & Ors vs Visan Kumar Shivcharan Lal · Niyam