This intra-Court petition special appeal was disposed of on the grounds that it raised identical issues to a previous Division Bench judgment (Special Appeal No.343 of 2021). The respondent's counsel conceded the position, and the court disposed of the appeal in the same terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 26 (e-Court)
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 1045 of 2021
(In Writ-A No.1646 of 2021)
Appellant :- Pawan Kumar and others Respondent :- State of U. P. and others
Counsel for Appellant :- Mr. Javed Raza, Advocate Counsel for Respondent :- Mr. Ajay Prakash Paul, State Law Officer
Hon'ble Rajesh Bindal,Chief Justice Hon'ble Piyush Agrawal,J.
C.M. Delay Condonation Application No.1 of 2021:
For the reasons stated in the application, the delay of 190 days in filing the appeal is condoned.
Application is allowed.
On Appeal:
The present intra-Court appeal has been filed against the order dated May 7, 2021 passed by the learned Single Judge.
At the very outset, learned counsel for the appellants has referred to a Division Bench judgment of this Court in Special Appeal Defective No.343 of 2021 (Abhishek Srivastava and 14 others vs. State of U.P. and 2 others) whereby a bunch of Special Appeals raising identical issues were decided. The submission is that the issue raised in the present special appeal is squarely covered by the aforesaid judgment.
Learned counsel for the respondents has fairly conceded the aforesaid position.
For the reasons recorded in Abhishek Srivastava and 14 others' case (supra), the present appeal is disposed of in the same terms.
Date :- 20.12.2021 Manish Himwan/P.Sri.
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
1 issue framed by the court
Whether the present appeal ought to be disposed of in the same terms as Special Appeal Defective No.343 of 2021 given identical issues were squarelly covered therein.
Colour shows how this judgement treated each authority
Abhishek Srivastava and 14 others vs. State of U.P. and 2 othersFollowed¶13
Special Appeal Defective No.343 of 2021 (Abhishek Srivastava and 14 others vs. State of U.P. and 2 others)
Pawan Kumar and others
State of U. P. and others
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
