Can the Supreme Court modify a High Court judgment at the SLP stage?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Can the Supreme Court modify a High Court judgment at the SLP stage?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 months, 1 week ago.

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  • #4466

    A full bench of the High Court of Kerala in 2014 issued a judgment setting aside an illegal order of termination of my post as the Principal of an aided-college, and directed the respondent to pay me a compensation of Rs 50 lacs. After my filing a caveat, the respondent filed an SLP; I appeared as caveator, before a two-judge bench which without granting the SLP leave of appeal, and without staying the impugned judgment, ordered to issue notice, and I filed counter affidavit. In the meantime, one of the two judges retired, and then once the matter was posted before a bench that consisted of the second judge. But later, it was posted before a different bench which, after recording that “we do not find any ground to interfere with the impugned judgment,” reduced the amount of compensation from 50 lacs to 10 lacs, without granting the SLP leave of appeal and even without any argument, in a totally biased manner. Can it be legally justified? I filed a Review Petition, but it was dismissed. Is there scope for filing a curative petition? (of course, there are other grounds as well to prove bias and gross injustice). Could you kindly advice me?

  • #4469

    Usually, when a case is decided at the SLP stage, the Supreme Court would formally grant leave in the same order by mentioning “Leave granted” (or something similar) and then deciding the case in the same order.

    As I have mentioned in Success Rate of Review Petition and Curative Petition in Supreme Court, the chances of success in a curative petition are extremely low.

    You can know more about curative petition in Supreme Court AOR Examination – Leading Cases – Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388.

    It is difficult to give advice on facts of an individual case without seeing the detailed papers of the case (please see our Forum Guidelines). Please consult your lawyer on the facts of your case.

         


    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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