Landmark Judgment Law Insider (1)

Published on: 04 October 2022 at 18:29 IST

Court – Supreme Court of India

Citation – Sabyasachi Sengupta v. Nani Gopal Datta 1990 Supp SCC 315

Hon’ble Supreme Court of India has held that any order / judgment passed in exercise of the Special Jurisdiction under aegis of Article 141 of the Constitution of India cannot be subject to any modification or recall as it would result in destroying the principle of finality.

Para -10

On a careful analysis of the facts and circumstances of the case, we hold that the plea of Mr Mukherji is illogical and inconceivable and does not merit consideration. If his plea is to be accepted, then it will be only a mockery of justice because it will be tantamount to nullifying our own order which has reached its finality.

It is the settled principle of law that any order or direction pronounced by this apex court in exercise of its jurisdiction in any matter pending before it, that order or direction is binding on all courts within the territory of India and should be implemented and executed in all its rigour.

Drafted by Abhijit Mishra

Key Words – Order, Jurisdiction, Principle of Finality.

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