Home / Supreme Court / Judgments / 2020 / Diary 10014

DAMANVIR SINGH PHILLAUR v. UNION OF INDIA

Supreme Court of India | Diary 10014/2020

Status

ROP - of Main Case

Decided On

18-06-2020

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE DINESH MAHESHWARI and HON'BLE MR. JUSTICE A.S. BOPANNA

Petitioner

DAMANVIR SINGH PHILLAUR

Respondent

UNION OF INDIA

Primary Holding

A High Court cannot decline to decide a matter on merits merely because petitions raising common points are pending before the Supreme Court; it is obligated to adjudicate independently in accordance with law.

Download Judgment (PDF) Check another SC case

Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO. 2627/2020 (Arising out of SLP(C) No. 6618/2020) PUNEET SHARMA PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) WITH CIVIL APPEAL NO. 2628/2020 (Arising out of SLP(C) No. 6377/2020) CIVIL APPEAL NO. 2630/2020 (Arising out of SLP(C) No. 6634/2020) CIVIL APPEAL NO.2631/2020 (Arising out of SLP(C) No. 6583/2020) W.P.(C) No. 458/2020 W.P.(C) No. 457/2020 W.P.(C) No. 463/2020 W.P.(C) No. 456/2020 W.P.(CRL.) No. 135/2020 O R D E R Leave granted in the special leave petitions. We are of the view that the High Court ought to have decided the matter on merits without being influenced by the fact that some petitions involving common points are pending before this Court.

2 The impugned order is therefore set aside. These matters are remanded back to the High Court for a decision in accordance with law. The appeals are disposed of in the above terms. As prayed for, the instant writ petitions are dismissed as withdrawn. ……………………………………………CJI [S.A. BOBDE] ………………………………………………J. [DINESH MAHESHWARI] ……………………………………………J. [A.S. BOPANNA] NEW DELHI; JUNE 18, 2020

1 ITEM NO.6 ,6.1-6.7 Virtual Court 1 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 6618/2020 (Arising out of impugned final judgment and order dated 05-03-2020 in CWP No. 8937/2019 passed by the High Court Of Punjab & Haryana At Chandigarh) PUNEET SHARMA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 50434/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 47721/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 50432/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 6377/2020 (IV-B) (IA No. 45384/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) W.P.(C) No. 458/2020 (X) (IA No. 47535/2020 - STAY APPLICATION) W.P.(C) No. 457/2020 (X) (IA No. 47510/2020 - STAY APPLICATION) W.P.(C) No. 463/2020 (X) (IA No. 47863/2020 - STAY APPLICATION) W.P.(C) No. 456/2020 (X) (IA No. 47392/2020 - STAY APPLICATION) SLP(C) No. 6634/2020 (IV-B) (IA No. 47754/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 6583/2020 (IV-B) (IA No. 47679/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) W.P.(Crl.) No. 135/2020 (X) (FOR ADMISSION and I.R. and IA No.49421/2020-STAY APPLICATION) Date : 18-06-2020 These matters were called on for hearing today.

2 CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Vikram Chaudhri,Sr. Adv. Mr. Nikhil Jain, AOR Mr. Harshit Sethi, Adv. Mr. Rishi Sehgal, Adv. Dr. Surender Singh Hooda, AOR Mr. Raj Kapoor, Adv. Mr. Shoaib Ahmad Khan, Adv. Mr. Anis Ahmed Khan, AOR For Respondent(s) Mr. Tushar Mehta, Ld. S.G. Mr. Rajat Nair, Adv. Ms. Akanksha Kaul, Adv. Mr. B.K. Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted in the special leave petitions. The instant writ petitions are dismissed as withdrawn. Pending applications stand disposed of. [ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] ASSTT.REGISTRAR-CUM-PS ASSTT. REGISTRAR [ Signed order is placed on the file ]

ITEM NO.9 Virtual Court 1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 135/2020 GURNAM SINGH & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.49421/2020-STAY APPLICATION ) Date : 08-06-2020 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. R. Kapoor, Adv. Mr. Shoaib Ahmad Khan, Adv. Mr. Anis Ahmed Khan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List the matter after two weeks. Tag with SLP(C) No.6618/2020 and connected matters, if any. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

1 ITEM NO.15,15.1-15.7 Virtual Court 1 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6618/2020 (Arising out of impugned final judgment and order dated 05-03-2020 in CWP No. 8937/2019 passed by the High Court Of Punjab & Haryana At Chandigarh) PUNEET SHARMA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No.47721/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) WITH SLP(C) No. 6377/2020 (IV-B) (IA No.45384/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) W.P.(C) No. 458/2020 (X) (FOR ADMISSION and IA No.47535/2020-STAY APPLICATION) W.P.(C) No. 457/2020 (X) (FOR ADMISSION and IA No.47510/2020-STAY APPLICATION) W.P.(C) No. 463/2020 (X) (FOR ADMISSION and I.R. and IA No.47863/2020-STAY APPLICATION) W.P.(C) No. 456/2020 (X) (FOR ADMISSION and IA No.47392/2020-STAY APPLICATION) SLP(C) No. 6634/2020 (IV-B) (FOR ADMISSION and I.R. and IA No.47754/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 6583/2020 (IV-B) (FOR ADMISSION and I.R. and IA No.47679/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-06-2020 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY

2 For Petitioner(s) Mr. Vikram Chaudhri, Sr. Adv. Mr. Nikhil Jain, AOR Mr. Harshit Sethi, Adv. Dr. Surender Singh Hooda, AOR For Respondent(s) Mr. K.M. Kataraj, Ld. ASG Mr.Rajat Nair, Adv. Mrs. Anil Katiyar, AOR UPON hearing the counsel the Court made the following O R D E R As requested, list after two weeks. [ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] ASSTT.REGISTRAR-CUM-PS ASSTT. REGISTRAR

Search This Case

Supreme Court Resources

High Court Case Status

Check case status for High Courts across India