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january 2011

Supreme Court of India · 2011-01-25

KESHAV PRASAD SHARMA vs INDIAN OIL CORP.& ORS.

Citation / case number
SC 2009/70909
Court
Supreme Court of India
Petitioner
KESHAV PRASAD SHARMA
Respondent
INDIAN OIL CORP.& ORS.
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court held that the question of prejudice is relevant in proceedings under Article 136 of the Constitution of India, which is a discretionary jurisdiction, unlike the proceedings under Section 319 of the Code of Criminal Procedure. The Court found that the High Court's order did not cause any prejudice to the petitioner as it made no observations on the merits of the case. Consequently, the special leave petitions were dismissed, and the trial court was directed to complete the trial expeditiously within six months.

KESHAV PRASAD SHARMA vs INDIAN OIL CORP.& ORS. · Niyam