Supreme Court of India

STATE OF PUNJAB AND ORS.versusOM PRAKASH AND ORS.

Citation: 1995 INSC 820
Decided: 30 November 1995
Disposal: Appeal(s) allowed
Bench: K RAMASWAMYS B MAJMUDAR

Holding

The appeal is allowed and the matter is remitted to the High Court for a fresh decision in accordance with law.

Summary

The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the appeal in Vinod Kumar’s case and remitted it to the High Court for fresh consideration without expressing any view on the merits, applied the same principle here. It held that the present appeal should likewise be allowed and the matter sent back to the High Court for a fresh decision in accordance with law. No costs were awarded.

Issues considered

What is the appropriate disposition of the appeal when the same legal question has already been decided by the Supreme Court in a prior case?

Subjects

appealremandfresh decisionprecedentcivil procedurejurisdictionSupreme CourtHigh Court

Judgment

                     STATE OF PUNJAB AND ORS.                                   A
                                      v.
                         OM PRAKASH AND ORS.

                           NOVEMBER 30, 1995

             [K. RAMASWAMY AND S.B. MAJMUDAR, JJ.]                              B

     Appeal-Matter remitted to High Court-Direction for disposal in ac-
cordance with law.

      This appeal has been filed by the State of Punjab against the decision    C
of Punjab and Haryana High Court. It involves the same question as arose
in the case of State of Punjab & Ors. v. Vinod Kumar & Ors., Civil Appeal No.
1879 of 1993 decided by Supreme Court of India on 10.5.1994.

        Allowing the appeal, this Court
                                                                                D
      HELD: In view of the order passed in Vinod Kumar's case this matter
is remitted to High Court for fresh decision in accordance with law. [837-G]

        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1158}- of
1995.

     From . the Judgment and Order dated 26.8.92 of the Punjab &                E
Haryana High Court in RA.No. 164 of 1992.

        Ajay Jain for G.K. Bansal for the Appellants.

        The following Order of the Court was delivered :
                                                                                F
        Leave granted.

       This Court in C.A. No. 1879/93 and batch title The State of Punjab
& Ors. v. Mis. Vinod Kumar & Ors. by order dated May 10, 1994 allowed
the appeals and remitted the matter for fresh consideration by the High
Court. This Court also made it clear that it had not expressed any opinion      G
on merits. The High Court was free to dispose of the matters in accordance
with law. The same question arises in this case. Under these circumstances,
the appeal is allowed and the matter is remitted to the High Court for fresh
decision in the light of the above order. No costs.

T.N.A.                                                       Appeal allowed, H
                                     837

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