discretionary jurisdiction.
Querist :
Anonymous
(Querist) 05 April 2011
This query is : Open
The Supreme Court may reverse, modify or affirm the judgment-decree or order appealed against while exercising its appellate jurisdiction and not while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. The doctrine of merger can therefore be applied to the former and not to the latter.
Query : what does the exact meaning of discretionary jurisdiction says because i am shocked that i the judment give by the SC by this discretionary jurisdiction than it cannot be applied in doctrine of merger ? pls tell whether i am right or wrong ? also how to know form the case law context that the judgment of the SC is form the discretionary jurisdiction ? pls