HIGH COURT WEEKLY ROUNDUP [27th October — 2nd November] | Stories on False Allegations Against Spouse; Crypto Currency As Property; Skechers Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
Doctrine of Merger
Dismissal of SLP by Supreme Court with or without reasons, will not attract the Doctrine of Merger: J&K and Ladakh HC
“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.
‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud
The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
How to distinguish between application of a decision as res judicata and precedent? Supreme Court elucidates
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.
Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India
Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao
The Doctrine of Merger
by Vilas Govindan Pavithran†
Madras HC | Does doctrine of merger make a distinction between an order of reversal, modification or an order of confirmation? HC explains in a Contempt Petition
Madras High Court: N. Anand Venkatesh, J., while addressing the contempt petition held that, “The doctrine of merger does not make a distinction