Share on LinkedInShare on LinkedIn

ARTICLE · 16 MARCH 2022

To Withdraw Or Not To Withdraw

Thereafter Abhishek Malvia approached the Additional Commissioner by way of an application for modification.

IndiaLitigation, Mediation & Arbitration

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When a SLP challenging the judgment passed by the High Court (hereinafter referred to as "original judgment") is withdrawn with a liberty to file Review Petition in the High Court, whether, on dismissal of the Review Petition by the High Court, a subsequent SLP challenging the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.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from