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1 - 6 of 6 (0.34 seconds)Union Of India vs All India Services Pensioners ... on 14 January, 1988
In Union of India
v. All India Services Pensioners' Association (1988) 2 SCC
580 this Court has given reasons for dismissing the
special leave petition. When such reasons are given, the
decision becomes one which attracts Article 141 of the
Constitution which provides that the law declared by the
Supreme Court shall be binding on all the courts within
the territory of India. It, therefore, follows that when no
reason is given, but a special leave petition is dismissed
simpliciter, it cannot be said that there has been a
declaration of law by this Court under Article 141 of the
Constitution."
Union Of India vs M.V. Mohanan Nair on 5 March, 2020
1. At the outset, learned counsel for the respondents
states that the present matter is squarely covered by a
decision rendered by the Hon'ble Apex Court in case of UOI
Item 46/C-V OA No.441/2016
Vs. Mohan Nair decided on 05.03.2020 in Civil Appeal No.
2016 of 2020 wherein it has been help as under:-
Supreme Court Employees' Welfare ... vs Union Of India (Uoi) And Anr. on 24 July, 1989
45. Observing that when a Special Leave Petition is
dismissed by a non-speaking order, by such dismissal,
the Supreme Court does not lay down any law as
Item 46/C-V OA No.441/2016
envisaged under Article 141 of the Constitution of India in
Supreme Court Employees Welfare Association v. Union
of India and Others (1989) 4 SCC 187, this Court held as
under:-
Indian Oil Corporation Ltd vs State Of Bihar & Ors on 13 August, 1986
In Indian Oil Corporation Ltd. v. State
of Bihar (1986) 4 SCC 146 it has been held by this Court
that the dismissal of a special leave petition in limine by
a non-speaking order does not justify any inference that,
by necessary implication, the contentions raised in the
special leave petition on the merits of the case have been
rejected by the Supreme Court. It has been further held
that the effect of a non-speaking order of dismissal of a
special leave petition without anything more indicating
the grounds or reasons of its dismissal must, by
necessary implication, be taken to be that the Supreme
Court had decided only that it was not a fit case where
special leave petition should be granted.
Article 136 in Constitution of India [Constitution]
1