Supreme Court - Daily Orders
State Of U.P. vs Mohd. Akhlaq on 30 June, 2014
þ IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5905 OF 2014
(@ Special Leave Petition (C) No. 25068/2012)
STATE OF U.P. & ORS. APPELLANTS
VERSUS
MOHD. AKHLAQ & ANR. RESPONDENTS
WITH
CIVIL APPEAL NO. 5907/2014
(@ SLP(C) NO. 35083/2012)
CIVIL APPEAL NO. 5908/2014
(@ SLP(C) NO. 35084/2012)
O R D E R
Leave granted.
Heard Mr. Mehrotra, learned counsel for the petitioner and Mr. Manoj Swarup, learned counsel for the respondents. The singular grievance of the petitioners is that the learned Single Judge has decided the controversy on the very first date without affording an opportunity to the learned counsel for the State and also without taking note of certain amendments made by the State legislature to the Indian Stamp Act, 1899.
On a perusal of the order impugned, we find that the Signature Not Verified Digitally signed by Naveen Kumar Date: 2014.07.04 assertion is correct. In view of the aforesaid, without 16:58:02 IST Reason: expressing anything on the merits of the case, we allow these appeals and set aside the impugned order and remit the matter to the High Court for appropriate adjudication in accordance with law. There shall be no order as to cost.
.........................J. (DIPAK MISRA) .........................J. (V. GOPALA GOWDA) NEW DELHI JUNE 30, 2014 ITEM NO.52 COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s). 25068/2012 (Arising out of impugned final judgment and order dated 22/12/2009 in CMWP 7191/2009 passed by the High Court Of U.p At Lucknow) STATE OF U.P. & ORS. Petitioner(s) VERSUS MOHD. AKHLAQ & ANR. Respondents(s) (With appln.(s) for c/delay in filing SLP and Prayer for Interim Relief and Office Report) WITH SLP(C) No. 35083/2012 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 35084/2012 (With appln.(s) for c/delay in filing SLP and Office Report) Date : 30/06/2014 These petitions were called on for hearing today. CORAM : HON’BLE MR. JUSTICE DIPAK MISRA HON’BLE MR. JUSTICE V GOPALA GOWDA For Petitioner(s) Mr. Ravi Prakash Mehrotra,Adv.
Mr. Vibhu Tiwari, Adv.
For Respondent(s) Mr. Girdhari Singh, Adv.
Mr. Deepak Goel, Adv.
Mr. Manoj Swarup, Adv.
Ms. Lalita Kohli, Adv.
Mr. Abhishek Swarup, Adv.
M/s Manoj Swarup & Co.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
Appeals are allowed in terms of the signed order.
(NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER
(Signed order is placed on the file)