2000 (7) TMI 67 - SC - Indian Laws

Impact of an order rejecting a petition seeking grant of special leave to appeal under article 136 of the Constitution of India

Held that:- The case at hand poses no problem for solution. The earlier order of the High Court was sought to be subjected to exercise of appellate jurisdiction of the Supreme Court by the State of Kerala wherein it did not succeed. The prayer contained in the petition seeking leave to appeal to this court was found devoid of any merit and hence dismissed. The order is a non-speaking and unreasoned order. All that can be spelt out is that the court was not convinced of the need for, exercising its appellate jurisdiction. The order of the High Court dated December 17, 1982, did not merge in the order dated July 13, 1983, passed by this court. So it is available to be reviewed by the High Court. Moreover, such a right of review is now statutorily conferred on the High Court by sub-section (2) of section 8C of the Kerala Act. The Legislature has taken care to confer the jurisdiction to review on the High Court as to such appellate orders also against which though an appeal was carried to the Supreme Court, the same was not admitted by it. An appeal would be said to have been admitted by the Supreme Court if leave to appeal was granted. The constitutional validity of sub-section (2) of section 8C has not been challenged. Though Shri T. L. V. Iyer, learned senior counsel for the appellant, made a feeble attempt at raising such a plea at the time of hearing but unsuccessfully, as such a plea has not so far been raised before the High Court also nor in the petition filed before this court.

No fault can be found with the approach of the High Court.