Supreme Court of India · 2008-10-15
Union Of India & Ors vs Ram Kumar Thakur
- Citation / case number
- AIR 2009 SUPREME COURT 520
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Ram Kumar Thakur
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the dismissal of the appeal by the Jammu and Kashmir High Court on the grounds of infructuousness was erroneous, as the implementation of the impugned order did not negate the appellants' right to appeal. The Court emphasized that even if interim relief is not granted, the appeal can still be entertained on merits, referencing Nagar Mahapalika v. State of U.P. and Union of India v. G.R. Prabhavalkar. Consequently, the Supreme Court set aside the High Court's order and directed that the writ appeal be heard on its merits.