Dr. J.J. Merchant & Ors vs Shrinath Chaturvedi on 12 August, 2002
Equivalent citations: AIR 2002 SUPREME COURT ... Sema
CASE NO.:
Appeal (civil) 7975 of 2001
PETITIONER:
DR. J.J. MERCHANT & ORS.
Vs.
RESPONDENT:
SHRINATH CHATURVEDI
DATE OF JUDGMENT
laid down by this Court in Dr. J.J. Merchant & Ors. v.
Shrinath Chaturvedi , [(2002) 6 SCC 635] or Kailash v. Nanhku ... whether the law laid down
in the case of Dr. J.J. Merchant (supra) still holds the field or whether
relied upon the judgment of the Supreme Court in Dr. J. J. Merchant and Ors. v. Srinath Chaturvedi , . Mr. Bandiwadekar, submitted that ... judgment of the Supreme Court in the case of Dr. J. J. Merchant (supra) is concerned, he submitted that the observations made
party.
4. The question arose in the case of Dr. J.J. Merchant (supra) whether the Forum can grant time beyond 45 days ... said judgment, judgment delivered in the case of Dr.J.J. Merchant (supra) had also been considered by this Court
question arose in the case of Dr. J.J.
Merchant (supra) whether the Forum can grant
time beyond 45 days to the opposite ... Kailash
(supra), the learned counsel submitted that as
Dr. J.J. Merchant (supra) has not been
followed in a later case though
laid down by this Court in Dr. J.J. Merchant &
Digitally signed by
Sarita Purohit
Date: 2015.12.07
16:54:29 IST
Reason ... whether the law laid
down in the case of Dr. J.J. Merchant (supra) still holds the field or
whether
judgment of the Hon'ble Supreme Court in Dr. J.J. Merchant & Ors. Vs. Shrinath Chaturvedi reported ... rendered by a larger bench of three Judges in Dr. J.J. Merchant & Ors. Vs. Shrinath Chaturvedi.
For the aforesaid reasons
three Judge Bench in Dr. J. J. Merchant
(supra) accepted the position that it has to be
left to the discretion of Commission ... therefore, clear that the larger Bench in
Dr. J. J. Merchant (supra) held that only in
appropriate cases examination of expert
follow the law laid down in J.J.
Merchant. J.J. Merchant was
decided in 2002, whereas
Kailash was decided ... respected
the view expressed in J.J.
Merchant as the judgment
delivered in J.J. Merchant was
earlier in point
Benches in this context.
One case is titled as Dr. J. J. Merchant vs. Srinath
Chaturvedi III 2002 CPJ 8(SC). The Apex ... must be borne in mind that the authority of Dr.
Dr. J. J. Merchant vs. Srinath Chaturvedi
(supra) is a direct
judgment under
