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1 - 10 of 20 (0.53 seconds)D.P. Chadha vs Triyugi Narain Mishra & Ors on 5 December, 2000
30] In case of D. P. Chadha vs. Triyugi Narain Mishra & Ors. 5, in the
context of role of advocates in the administration of justice, the hon'ble
Supreme Court has observed thus :
State Of U.P vs Harendra Arora & Anr on 2 May, 2001
32] In case of State of U.P. v. Harendra Kunwar6, the Hon'ble Supreme
Court did not approve the dismissal of the petition as infructuous, where
the Petitioners on the basis of interim order continued in service beyond
58 years and upto 60 years. The matter was remanded to the High Court
with a direction to deduct the benefit reaped by the petitioners for two
more years under the interim orders, in case 58 years is found to be the
correct age of retirement. The relevant observations read thus:
Indian Council For Enviro-Legal Action vs Union Of India & Ors on 18 July, 2011
(emphasis supplied)
33] In the case of Indian Council for Enviro-Legal Action vs. Union of
India & Ors.7, the Hon'ble Apex Court has held that it is bounden duty
and obligation of the court to neutralise any unjust enrichment and
undeserved gain made by any party by invoking the jurisdiction of the
court. When a party applies and gets a stay or injunction from the court,
it is always at the risk and responsibility of the party applying. An order of
stay cannot be presumed to be conferment of additional right upon the
litigating party. The stay granted by the court does not confer a right upon
a party and it is granted always subject to the final result of the matter in
the court and at the risk and costs of the party obtaining the stay. After
7 (2011) 8 SCC 161
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the dismissal of the lis, the party concerned is relegated to the position
which existed prior to the filing of the petition in the court which had
granted the stay. Any leniency would seriously affect the credibility of the
judicial system. Unscrupulous litigants must be prevented from taking
undue advantage by invoking jurisdiction of the court. No litigant can
derive benefit from the mere pendency of a case in a court of law.
Amarjeet Singh & Ors vs Devi Ratan & Ors on 18 November, 2009
34] In the case of Amarjeet Singh & Ors. vs. Devi Ratan & Ors.8, the
Hon'ble Apex Court has held that no litigant can derive any benefit from
mere pendency of case in a court of law, as the interim order always
merges in the final order to be passed in the case and if the writ petition
is ultimately dismissed, the interim orders stand nullified automatically. A
party cannot be allowed to take any advantage of its own wrongs by
getting an interim order and thereafter blame the Court. The fact that the
writ is found, ultimately, devoid of any merit, shows that a frivolous writ
petition had been filed. The maxim actus curiae neminem gravabit, which
means that the act of the court shall prejudice no one, becomes
8 (2010) 1 SCC 417
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applicable in such a case. In such a fact situation the court is under an
obligation to undo the wrong done to a party by the act of the court.
Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010
35] In case of Kalabharati Advertising vs. Hemant Vimalnath
Narichania and others9, in the context of effect of interim reliefs, where
the main petition is either dismissed or withdrawn, the Hon'ble Apex Court
has observed thus:
Shiv Shankar And Ors. vs Board Of Directors, U.P.S.R.T.C. And ... on 15 November, 1993
(2) SCC 734; Shiv Shanker v. SRTC- 1995
Supp.
Committee Of Management, Arya Nagar ... vs Sree Kumar Tiwary & Anr on 31 March, 1997
(2) SCC 726; the Arya Nagar Inter College v. Sree Kumar
Tiwary- AIR 1997 SC 3071; GTC Industries Ltd. v. Union of
India- AIR 1998 SC 1566 and Jaipur Municipal Corpn. v. C.L.
Mishra- (2005) 8 SCC 423.
M/S Gtc Industries Limited vs Union Of India & Ors on 4 March, 1998
(2) SCC 726; the Arya Nagar Inter College v. Sree Kumar
Tiwary- AIR 1997 SC 3071; GTC Industries Ltd. v. Union of
India- AIR 1998 SC 1566 and Jaipur Municipal Corpn. v. C.L.
Mishra- (2005) 8 SCC 423.
Jaipur Municipal Corporation vs C.L. Mishra on 27 October, 2005
case (2006
AIR SCW 5252) (supra), the excess payment made due to
wrong/irregular pay fixation can always be recovered.