Case Note & Summary
The case involved an appeal by the State Bank of India against Mela Ram and others. The Supreme Court heard the counsel for both parties and determined that the decree in favor of the appellant had already been satisfied, and the execution case had been disposed of. Consequently, the court was not inclined to exercise its power under Article 136 of the Constitution of India. The appeal was dismissed, and no order as to costs was made. The judgment was delivered on February 27, 2008.
Headnote
A) Constitutional Law - Article 136 - Exercise of Jurisdiction - Supreme Court declined to exercise its jurisdiction under Article 136 as the decree in favor of the appellant had been satisfied and the execution case disposed of - Held that the appeal was dismissed without costs (Paras Not mentioned).
Issue of Consideration
Whether to exercise power under Article 136 of the Constitution of India in the present case
Final Decision
The Supreme Court dismissed the appeal, finding that the decree in favor of the appellant had already been satisfied and the execution case disposed of.
Law Points
- Article 136 of the Constitution of India
- satisfaction of decree
- execution of decree
