Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Writ Petition

Tuesday, January 04, 2011
Writ Petition

Writ Petition — The fact that the case is found, ultimately, devoid of any merit, or the party withdrew the writ petition, shows that a frivolous writ petition had been filed — The maxim “Actus Curiae neminem gravabit”, which means that the act of the Court shall prejudice no-one, becomes applicable in such a case — In such a situation the Court is under an obligation to undo the wrong done to a party by the act of the Court — Thus, any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised, as the institution of litigation cannot be permitted to confer any advantage on a party by the delayed action of the Court.  

 
Writ Petition

Writ Petition — It is not permissible for a party to file a writ petition, obtaining certain orders during the pendency of the petition and withdraw the same without getting proper adjudication of the issue involved therein and insist that the benefits of the interim orders or consequential orders passed in pursuance of the interim order passed by the writ court would continue — The benefit of the interim relief automatically gets withdrawn/neutralized on withdrawal of the said petition — In such a case concept of restitution becomes applicable otherwise the party would continue to get benefit of the interim order even after loosing the case in the court — The court should also pass order expressly neutralizing the effect of all consequential orders passed in pursuance of the interim order passed by the court — Such express directions may be necessary to check the rising trend among the litigants to secure the relief as an interim measure and then avoid adjudication on merits — Abhimanyoo Ram v. State of U.P., (2008) 17 SCC 73 relied.

 
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