SLP DISMISSAL
Guest
(Querist) 20 July 2011
This query is : Resolved
What are grounds on which Hon'ble Supreme court can dismiss SLP?
Is It must for Hon'ble Supreme court to Give reasons for SLP dismissal?
What is the Meaning of SLP dissmed in Limine.
If SLP has been filed and The Opposite Party has filled a Affidavit and the court has given time for the Petitioner to file a counter Affidavit. Can this SLP be dismissed In Limine.
If there are 5 question of Laws on which the SLP has been filled and the Party is not able to prove 1 question of Law. The Other 4 question of Law are proved. Can the SLP be dissmed.
Chanchal Nag Chowdhury
(Expert) 20 July 2011
If the lower court has passed its judgment correctly as per existing law & there is no substantial question of law to be decided by the SC.
NO.
Dismissed summarily.
Opp. Party cannot file Affidavit without leave of SC.
Proving does not take place at the admission stage.
Guest
(Querist) 21 July 2011
@ Advocate Shri. Chanchal Nag Chowdhury.
Dear Sir,
Many thanks for the reply.
There are following question of law involved.
filling of an affidavit during appeal without the express permission of Honble High court?
Partial apperitiation of Evidence?
Passing of two orders in the same case on the same day? First came the case dissmed, Reasons recorded separately. Then the second order shows the same judgement with the reasons recorded.
Judgements cited without Ration Decindi to the similar case?
The Section 114 CPC Order 47 Rule 1 Has been partially construed?
Burden of proof shifted on Appellant, Both the parties had led there evidence in the Tribunal on Affidavit?
These are some of the questions before the Hon'ble Apex court. With Proofs.
Can such SLP be dismissed inLimmine.
I thank you for proving your valuable inputs.
Guest
(Querist) 30 August 2011
One of my friends is an Litigant in Hon'ble Supreme court of India..... In case a an affidavit has been filled by the respondent in response to the SLP. In this affidavit the Respondent has falsely given an some information which is wrong and is amounting to scandalizing the Hon'ble High court. Will this amount to the contempt of the highest court of this Land.
Please advise. Can the respondent be prosecuted U/S 181,182 and 191 of IPC.
In the same case one Affidavit is missing from the files of Hon'ble High court. Can we file a case u/s 201 IPC against the unidentified person...please advise
Guest
(Querist) 30 August 2011
During the Pendancy of an appeal in one of the case in Hon'ble High court, The Sr. Advoacte and the assisting advocate tendered an affidavit in the Open court. Then the Petitioner filled an counter to this.Aftre this the first Affidavit went missing from the files of Hon'ble court and then a second affidavit was filled by the Respondent. The Petitioner objected that an affidavit cannot be filled after the counter affidavit and Since this affidavit was filled without the express permission of the Hon'ble court the Petitioner went ahead and filled a misconduct case in Bar Council.
In Bar council The Sr. Counsel and assited by the Advocate took a stand and filled an affidavit that there was only one affidavit filled and that was after the counter affidavit. But there is a record in affirmation register of the Hon'ble High court that there are two affidavits which were afiirmed. We have given these evidences to the Bar also. Will the Bar act on this misconduct.
Is The Senior counsel and assiting advocate liable for an contempt of court. SInce they are on affirmation and they have filled a false affidavit can they be prosecuted u/s 181,182,191 of IPC.....
