SLP(Civil) for issues left without finality

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 1 month ago.

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  • #1227

    Company Appeal of 2000 was dismissed in Feb., 2016 alongwith Cross Objections in favour of the Respondent-Auction-Purchaser, BUT, issue of mesne profits, dealt with at interlocutory stage in 2015, remained without finality and HC not inclined to decide such outstanding issues, kept pending since admitting CAPP in 2000 ? Is SLP(C) maintenable or else any other option may please be advised ?

  • #1228

    Without going into the details of facts of your case, generally speaking, the issues which are not decided while finally disposing of a matter may be considered to have been rejected by the court (unless, of course, if the court specifically mentions that certain issues have been kept open, without deciding them, in which situation those specific undecided issues may not be considered to have been rejected by it). Therefore, it may be possible to challenge such issues in the higher court, in this case by way of SLP in Supreme Court. If the Supreme Court deems it appropriate, it may remit the matter to the high court and direct it to decide those issues, or else the Supreme Court may itself decide them.     

    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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