ADV. AMOL CHITALE.1
Withdrawal of a Special Leave Petition (Hereinafter referred to
as "SLP") with a liberty to file a Review Petition before
the High Court used to be often the last succour for the
practioners in the Supreme Court to avoid the dismissal of their
SLPs. However the law laid down in the case of Vinod
Kapoor V. State of Goa. (2012) 12 SCC 378
has rendered this remedy of the last resort, illusory.
When a SLP challenging the judgment passed by the High Court
(hereinafter referred to as "original judgment") is
withdrawn with a liberty to file Review Petition in the High Court,
whether, on dismissal of the Review Petition by the High Court, a
subsequent SLP challenging the original judgment would be
maintainable, is the issue which this article seeks to analyze.