Doctrine of Merger ≠ Universal/Unlimited Application.
Aggrieved by an Order of a High Court, one files a Special Leave Petition, against the Impugned Order, before the Supreme Court. Outset Dismissal of the Special Leave Petition, leads to a Review Petition, against the same Impugned Order, before the High Court.
Exercise of Article 136, Two Steps:
- [Outset] Dismissal of the Prayer for Special Leave to Appeal [‘Discretionary Jurisdiction’].
- Grant of Special Leave to Appeal; Hearing of the Appeal [‘Appellate Jurisdiction’].
Abbai Maligai Partnership Firm, (1998) 7 SCC 386; Three-Judge Bench
Outset Dismissal of Special Leave Petitions: High Court, Review Petition = Palpably Erroneous.
Kunhayammed, (2000) 6 SCC 359; Three-Judge Bench
Outset Dismissal of Special Leave Petitions: Non-Speaking Order/Speaking Order ≠ Doctrine of Merger.
Khoday Distilleries Ltd. v. Mahadeshwara, (2012) 12 SCC 291
Question: Referred to Larger Bench.