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march 2010

Supreme Court of India · 2010-03-19

MATHAI @ JOBY vs GEORGE

Citation / case number
SC 2010/5631
Court
Supreme Court of India
Petitioner
MATHAI @ JOBY
Respondent
GEORGE

Judgment text excerpt

The Supreme Court addressed the scope of Article 136 of the Constitution, emphasizing that it is a discretionary provision allowing the Court to grant special leave to appeal from any judgment or order. The Court expressed concern over the increasing number of special leave petitions, suggesting that guidelines need to be established to prevent frivolous appeals and manage the Court's workload. The Court held that the petitioner's request for a second expert opinion was rightly dismissed by the Trial Court, and the SLP against the High Court's order was not entertained, indicating a need for a Constitution Bench to clarify the criteria for exercising discretion under Article 136.

MATHAI @ JOBY vs GEORGE · Niyam