Kunhayammed & Ors vs State Of Kerala & Anr on 19 July, 2000
Equivalent citations: AIR 2000 SUPREME COURT ... Lahoti
Bench: K.T. Thomas , D.P. Mohapatra , R C Lahoti
PETITIONER:
KUNHAYAMMED & ORS.
Vs.
RESPONDENT:
STATE OF KERALA & ANR.
DATE OF JUDGMENT
seen considered by the larger Bench either in Abbai
Maligai or Kunhayammed case, which is also, in our view,
an issue to be considered ... High
Court, thereafter. Other judgment is in the case of
Kunhayammed and Others v. State of Kerala and Another2 . In
this judgment the Court laid
judgment of Hon'ble the Supreme Court in the
case of Kunhayammed v State of Kerala , (2000) 6 SCC 359. He
has also referred ... Supreme Court rendered in the case of Kunhayammed
(supra). He has drawn our attention to various propositions laid down
in the concluding para
Firm and Anr. Vs. K.
Santhakumaran and Others : ( 1998) 7 SCC 386, Kunhayammed &
Ors. vs. State of Kerala ... learned counsel while relying upon the
decision of the Supreme Court in Kunhayammed 's case, submitted
that the doctrine of merger
judgment of the Hon'ble Supreme Court in
the case of Kunhayammed & others vs. State of
Kerala & another ... Kunhayammed). He submitted that the delay in filing the
review petition is due to the bona fide reason that the
petitioners herein had approached
observations made by the Supreme Court in the case of
Kunhayammed and others Vs. State of Kerala and another ,
(2000) 6 Supreme Court Cases ... considered the doctrine
of merger and res judicata in detail in Kunhayammed 's case (supra)
and almost all the decisions, which were considered
judgment passed by the three Judges
Bench of the Supreme Court in Kunhayammed Vs.
State of Keral (2000) 6 SCC 359, wherein it has been ... which arise for
consideration are firstly whether, Abbai Maligai
Partnership Firm and Kunhayammed (supra), both of
three Judges Bench hold differently and secondly
whether
judgments in the appeals. He relied upon the
decisions in Kunhayammed and Others Vs. State of Kerala and
Another , Board of Control for Cricket India ... appeal arising out of special leave petition is
maintainable.
25. However, in Kunhayammed (1 supra), another Three Judge
Bench of Supreme Court after considering
earlier taken in the three Judge Bench
decision in the case of Kunhayammed & Ors. vs. State of Kerala ... Supreme Court in the Khoday Distilleries Ltd. and Kunhayammed & Ors. has
held such order to be order with reason. Learned counsel for the assessee
earlier taken in the three Judge Bench
decision in the case of Kunhayammed & Ors. vs. State of Kerala ... Supreme Court has referred to
paragraph No.26 of Kunhayammed, which is extracted by us
above, wherein reference has been made to the judgment
