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october 2008

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.

Union Of India & Ors vs Ram Kumar Thakur · Niyam