Supreme Court Dismisses Civil Appeal with No Order as to Costs. The appeal lacked merit, leading to dismissal and setting aside of costs imposed by the High Court.

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Case Note & Summary

The case involved an appeal filed by Yogesh Kumar Rai against the State of U.P. concerning a Second Appeal previously dismissed by the High Court. The Supreme Court, upon reviewing the matter, found no merit in the appeal and dismissed it. The High Court had initially imposed costs of Rs.3,000/- on the appellant, which the Supreme Court set aside, deciding that there would be no order as to costs. The court's decision emphasized the lack of substantial grounds in the appeal, leading to its dismissal without any financial burden on the appellant.

Headnote

A) Civil Procedure - Appeal Dismissal - No Merit Found - Supreme Court of India, 2009 - The Supreme Court found no merit in the appeal filed against the High Court's dismissal of the Second Appeal and dismissed it accordingly. The court set aside the costs imposed by the High Court, ordering no costs in the matter. Held that the appeal lacked substantial grounds for consideration (Paras Not mentioned).

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Issue of Consideration

Whether the appeal has merit and the appropriate order regarding costs

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Final Decision

The Supreme Court dismissed the appeal, finding no merit in it and set aside the costs imposed by the High Court, ordering no costs.

Law Points

  • Civil appeal dismissal
  • costs in litigation
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Case Details

2009 LawText (SC) (04) 38

Civil Appeal No.2878 of 2009

2009-04-24

Tarun Chatterjee, H.L. Dattu

Yogesh Kumar Rai

State of U.P. & Ors.

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Nature of Litigation

Civil appeal against the dismissal of a Second Appeal

Remedy Sought

Reversal of the High Court's dismissal and costs order

Previous Decisions

High Court dismissed the Second Appeal with costs

Issues

Merit of the appeal Appropriate order regarding costs

Submissions/Arguments

The appellant argued for the reversal of the High Court's decision The respondent maintained the dismissal was justified

Ratio Decidendi

The appeal lacked substantial grounds for consideration, leading to its dismissal.

Judgment Excerpts

We find no merit in the appeal and the same is accordingly dismissed. The cost part of the judgment is set aside. There will be no order as to costs.

Procedural History

The appeal arose from SLP(C) No.8727 of 2009, leading to the dismissal of the Second Appeal by the High Court.

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