Lawstreet Journal

SC Says Non-Speaking Order Dismissing An SLP Is Neither A Declaration Of Law Nor Attracts The Doctrine Of Merger [Read Judgment]

Lawstreet Journal 25 Dec 2019 5:42pm

Image courtesy: Lawstreet Journal Judiciary SC Says Non-Speaking Order Dismissing An SLP Is Neither A Declaration Of Law Nor Attracts The Doctrine Of Merger [Read Judgment]

The Supreme Court in the case of P. Singaravelan vs. District Collector, Tiruppur has reiterated its’ position on the fact that a non-speaking order dismissing a Special Leave Petition (SLP) under Article 141 of the Constitution of India is neither a declaration of law nor attracts a doctrine of merger.

The issue in question was related to the interpretation of the Government order issued by the State of Tamil Nadu. The Court observed that the Apex Court had passed several orders dismissing SLPs against the grant of relief to drivers, but all of them were passed during the stage of admission. A Division bench comprising Justice M. Shanthanagoudar and Justice Krishna Murari opined that, 

It is evident that all the above orders were non-speaking orders, inasmuch as they were confined to a mere refusal to grant special leave to appeal to the petitioners therein. At this juncture, it is useful to recall that it is well-settled that the dismissal of an SLP against an order or judgment of a lower forum is not an affirmation of the same. If such an order of this Court is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger.

The Apex Court also referred to the decisions of the Court in the cases of Kunhayammed v. State of Kerala and Khoday Distilleries v. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. where was held that an order refusing SLP may be either a speaking… Continue Reading...

Tagged: Supreme Court of India   Supreme Court of India  
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