The court dismissed the first appeal relying on a prior judgment (First Appeal No.205 of 2018) which held the controversy was squarely covered, without detailed reasoning.
Appeal dismissed on the ground that the controversy was covered by First Appeal No.205 of 2018.
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Court No. - 59
Case :- FIRST APPEAL DEFECTIVE No. - 212 of 2017
Appellant :- Dharmesh Kumar Shivhare Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ramesh Chandra Sinha,Ashok Kumar Tripathi (Now Ashok Tripathi)
Hon'ble Surya Prakash Kesarwani,J.
Ref: Order on Civil Misc. Application No.2 of 2018
As per office report dated 11/18.04.2019 deficiency of Court fee of Rs.2,615/- has been filed along with Civil Misc. Application No.2 of 2018 which is accepted.
Application is disposed of.
Ref: Order on Appeal
Sri Ashok Kumar Tripathi, learned counsel for the appellant states that controversy involved in the present appeal is squarely covered by the judgment of this Court dated 29.11.2018 passed in First Appeal No.205 of 2018 (The Central Railway Vs. State of U.P. and 3 others) and in view thereof this appeal deserves to be dismissed.
In view of the statement made above, this appeal is dismissed.
Order Date :- 19.4.2019 Nitin Verma
Colour shows how this judgement treated each authority
The Central Railway Vs. State of U.P. and 3 othersRelied on¶9
First Appeal No.205 of 2018 (The Central Railway Vs. State of U.P. and 3 others)
Dharmesh Kumar Shivhare
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
