The Doctrine of Merger I

Posted on by Rudrajyoti Nath Ray

“Doctrine of Merger would come into play as exposited in Kunhayammed, (2013) 10 SCC 655 wherein a Three-Judge Bench of this Court opined that once a Special Leave Petition has been granted, the doors of the Appellate Jurisdiction of this Court have been let open and any Order passed thereafter would be an Appellate Order and would attract the applicability of Doctrine of Merger. Further, it would not make a difference whether the Order is one of reversal or of modification or of dismissal, or of affirming the Order appealed against. It would also not make any difference if the Order is a speaking or a non-speaking one.”

– Hon’ble Justice A.M. Khanwilkar, M/s. S.E. Graphites Private Limited v. State of Telangana, [Civil Appeal No. 7574 of 2014].

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