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Gangadhara Palo vs The Revenue Divisional Officer & Anr on 8 March, 2011 cites

S. Shanmugavel Nadar vs State Of Tamil Nadu And Anr on 18 September, 2002

The situation is totally different where a special leave petition is dismissed without giving any reasons whatsoever. It is well settled that special leave under Article 136 of the Constitution of India is a discretionary remedy, and hence a special leave petition can be dismissed for a variety of reasons and not necessarily on merits. We cannot say what was in the mind of the Court while dismissing the special leave petition without giving any reasons. Hence, when a special leave petition is dismissed without giving any reasons, there is no merger of the judgment of the High Court with the order of this Court. Hence, the judgment of the High Court can be reviewed since it continues to exist, though the scope of the review petition is limited to errors apparent on the face of the record. If, on the other hand, a special leave petition is dismissed with reasons, however meagre (it can be even of just one sentence), there is a merger of the judgment of the High Court in the order of the Supreme Court. (See the decisions of this Court in the cases of Kunhay Ammed & CIVIL APPEAL NO.5280 OF 2006 -4- Others vs. State of Kerala & Another (2000) 6 SCC 359; S.Shanmugavel Nadar vs. State of Tamil Nadu & Another JT 2002 (7) SCC 568; State of Manipur vs. Thingujam Brojen Meetei AIR 1996 SC 2124; and U.P.State Road Transport Corporation vs. Omaditya Verma and others AIR 2005 SC 2250).
Supreme Court of India Cites 12 - Cited by 166 - Full Document

State Of Manipur vs Thingujam Brojen Meeteil. Ongbi ... on 10 May, 1996

The situation is totally different where a special leave petition is dismissed without giving any reasons whatsoever. It is well settled that special leave under Article 136 of the Constitution of India is a discretionary remedy, and hence a special leave petition can be dismissed for a variety of reasons and not necessarily on merits. We cannot say what was in the mind of the Court while dismissing the special leave petition without giving any reasons. Hence, when a special leave petition is dismissed without giving any reasons, there is no merger of the judgment of the High Court with the order of this Court. Hence, the judgment of the High Court can be reviewed since it continues to exist, though the scope of the review petition is limited to errors apparent on the face of the record. If, on the other hand, a special leave petition is dismissed with reasons, however meagre (it can be even of just one sentence), there is a merger of the judgment of the High Court in the order of the Supreme Court. (See the decisions of this Court in the cases of Kunhay Ammed & CIVIL APPEAL NO.5280 OF 2006 -4- Others vs. State of Kerala & Another (2000) 6 SCC 359; S.Shanmugavel Nadar vs. State of Tamil Nadu & Another JT 2002 (7) SCC 568; State of Manipur vs. Thingujam Brojen Meetei AIR 1996 SC 2124; and U.P.State Road Transport Corporation vs. Omaditya Verma and others AIR 2005 SC 2250).
Supreme Court of India Cites 4 - Cited by 64 - Full Document

U.P.State Road Transport Corporation ... vs Omaditya Verma & Ors on 5 April, 2005

The situation is totally different where a special leave petition is dismissed without giving any reasons whatsoever. It is well settled that special leave under Article 136 of the Constitution of India is a discretionary remedy, and hence a special leave petition can be dismissed for a variety of reasons and not necessarily on merits. We cannot say what was in the mind of the Court while dismissing the special leave petition without giving any reasons. Hence, when a special leave petition is dismissed without giving any reasons, there is no merger of the judgment of the High Court with the order of this Court. Hence, the judgment of the High Court can be reviewed since it continues to exist, though the scope of the review petition is limited to errors apparent on the face of the record. If, on the other hand, a special leave petition is dismissed with reasons, however meagre (it can be even of just one sentence), there is a merger of the judgment of the High Court in the order of the Supreme Court. (See the decisions of this Court in the cases of Kunhay Ammed & CIVIL APPEAL NO.5280 OF 2006 -4- Others vs. State of Kerala & Another (2000) 6 SCC 359; S.Shanmugavel Nadar vs. State of Tamil Nadu & Another JT 2002 (7) SCC 568; State of Manipur vs. Thingujam Brojen Meetei AIR 1996 SC 2124; and U.P.State Road Transport Corporation vs. Omaditya Verma and others AIR 2005 SC 2250).
Supreme Court of India Cites 9 - Cited by 41 - A K Mathur - Full Document
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