State of Punjab & Ors. Vs. Om Prakash & Ors.
EmailAppeal: Civil Appeal No. 11581 Of 1995
(Arising out of SLP (C) No.2387 of 1993)
(Arising out of SLP (C) No.2387 of 1993)
Petitioner: State of Punjab & Ors.
Respondent: Om Prakash & Ors.
Apeal: Civil Appeal No. 11581 Of 1995
(Arising out of SLP (C) No.2387 of 1993)
(Arising out of SLP (C) No.2387 of 1993)
Judges: K. RAMASWAMY & S. B. MAJMUDAR, JJ.
Date of Judgment: Nov 30, 1995
Head Note:
PRACTICE AND PROCEDURE
Appeal – Remittance of matter to the High Court for fresh disposal – Since same question arose as was the case in The State of Punjab & Ors. v. M/s. Vinod Kumar & Ors., which was remitted to the High Court for fresh disposal, appeal allowed and the matter remitted to the High Court for disposal afresh.
JUDGEMENT:
O R D E R
1. Leave granted.
2. This Court in C.A. No.1879/93 and batch title The State of Punjab & Ors. v. M/s. Vinod Kumar & Ors. by order dated May 10, 1994 allowed the appeals and remitted the matter for fresh consideration by the High Court. This Court also made it clear that it had not expressed any opinion on merits. The High Court was free to dispose of the matters in accordance with law. The same question arises in this case. Under these circumstances, the appeal is allowed and the matter is remitted to the High Court for fresh decision in the light of the above order. No costs.
1. Leave granted.
2. This Court in C.A. No.1879/93 and batch title The State of Punjab & Ors. v. M/s. Vinod Kumar & Ors. by order dated May 10, 1994 allowed the appeals and remitted the matter for fresh consideration by the High Court. This Court also made it clear that it had not expressed any opinion on merits. The High Court was free to dispose of the matters in accordance with law. The same question arises in this case. Under these circumstances, the appeal is allowed and the matter is remitted to the High Court for fresh decision in the light of the above order. No costs.
