Referred to Larger Bench V: Maintainability of Review Petitions

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:

  1. [Outset] Dismissal of the Prayer for Special Leave to Appeal [‘Discretionary Jurisdiction’].
  2. 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.

VERSUS

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.