Case Note & Summary
The case involved an appeal filed by Jam Singh against the State of Madhya Pradesh and others, arising from a judgment of the Madhya Pradesh High Court dated 15th February 2005. The appellant sought to withdraw his special leave petition to pursue a Letters Patent Appeal due to the enactment of the Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, which allowed such appeals against orders of a Single Judge. The Supreme Court considered the implications of this new legislation and the appellant's request. The court granted permission for the withdrawal of the petition, set aside the previous order, and directed that the appellant could file a LPA before the Division Bench of the High Court. The court emphasized that the High Court should hear the LPA in accordance with the law. The appeal was disposed of accordingly.
Headnote
A) Civil Procedure - Withdrawal of Petition - Permission to Withdraw - Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 - The appellant sought permission to withdraw the special leave petition to pursue a Letters Patent Appeal following a recent enactment that conferred power on the High Court to entertain such appeals. The court set aside the impugned order and granted liberty to file a LPA, directing the High Court to decide the matter in accordance with law. Held that the appellant was permitted to pursue the LPA (Paras 4-5).
Issue of Consideration
Whether the appellant could withdraw the special leave petition to pursue a Letters Patent Appeal.
Final Decision
The Supreme Court allowed the appellant to withdraw the special leave petition and granted liberty to file a Letters Patent Appeal before the High Court, setting aside the impugned order.
Law Points
- Withdrawal of petition
- Letters Patent Appeal
- Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam
- 2005
