Whether Civil Appeal can be arising from dismissed SLP
yogesh
(Querist) 25 December 2010
This query is : Resolved
Sir,
If the Special Leave Petition (SLP) is dismissed by the Supreme Court of India on certain issue arising out of the Judgement of the High Court
Whether civil appeal in DISMISSED SLP can be maintainable on different issues arising from the different order of the HIGH Court but the parties are same
Illustration
Service matter
A........PETITIONER
vs
Govt Hospital(B).....Respondent
CAT has allowed the application of A.
B Approached High Court which was remanded back to the CAT by the High Court order
A filed SLP against High Court order which was dismissed
CAT reversed its previous order of the A
A Filed the writ Petition against the order which was also dismissed
Now A wants to make an appeal against the order of the High Court
Whether A will have to file the fresh SLP against the High Court Order or Civil Appeal against in the previous SLP can also be mainatainable?
M V Gupta
(Expert) 27 December 2010
Yes. A fresh SLP should be filed.