Chandrappa vs. Davanagere City Municipal Corp. Davanager

Court:Supreme Court of India
Judge:Hon'ble Aftab Alam
Case Status:Disposed
Order Date:26 Nov 2012
CNR:SCIN010300472012

AI Summary

In a decisive move, the Supreme Court of India dismissed a Special Leave Petition (Civil) filed by Chandrappa and others, upholding a Karnataka High Court order. This procedural dismissal, rendered after hearing the petitioners, signifies the apex court's decision not to intervene in the matter, bringing finality to the legal challenge.

Ratio Decidendi:
The Supreme Court, in its discretionary power under Article 136 of the Constitution of India, found no merit in the Special Leave Petition, thereby declining to interfere with the impugned order of the High Court.

Case Identifiers

Primary Case No:34494/2012
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Civil Procedure Code (CPC)
Secondary Case Numbers:30047/2012
Order Date:2012-11-26
Filing Year:2012
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble Aftab Alam, Hon'ble Ranjana Prakash Desai

Petitioner's Counsel

L.K. Sharma
Advocate - Appeared
B. Subrahmanya Prasad
Advocate - Appeared

Advocates on Record

B. Subrahmanya Prasad

eCourtsIndia AITM

Brief Facts Summary

Chandrappa & Ors. filed a Special Leave Petition (Civil) No. 34494/2012 before the Supreme Court of India, challenging the judgment and order dated 03/07/2012 passed by the High Court of Karnataka at Bangalore in WP No.35352/2010 (GM-CPC). The petition was heard on 26/11/2012 and subsequently dismissed.

Timeline of Events

2010

Writ Petition No.35352/2010 (GM-CPC) filed in the High Court of Karnataka.

2012-07-03

Judgment and order passed by the High Court of Karnataka in WP No.35352/2010.

2012-11-05

Special Leave Petition (Civil) No.34494/2012 registered in the Supreme Court.

2012-11-26

Special Leave Petition heard and dismissed by the Supreme Court.

Key Factual Findings

The petition for special leave lacks merit.

Source: Current Court Finding

Primary Legal Issues

1.Maintainability of Special Leave Petition under Article 136
2.Scope of Supreme Court's discretionary jurisdiction in appellate matters

Statutes Applied

Constitution of India
Article 136
Jurisdiction for Special Leave Petition, discretion to grant leave

Petitioner's Arguments

The petitioners, through their counsel, argued that the impugned order of the High Court of Karnataka warranted interference by the Supreme Court, likely on grounds of material irregularity, legal error, or substantial injustice, seeking special leave to appeal.

Court's Reasoning

The Supreme Court, after hearing the counsel for the petitioners, found no merit in the Special Leave Petition. This implies that the grounds presented were insufficient to convince the Court to exercise its discretionary power under Article 136 of the Constitution and admit the petition for a full hearing.

Judicial Philosophy Indicators:
  • Strict Adherence to Jurisdictional Limits
  • Emphasis on Discretionary Power
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

High Court of Karnataka At Bangalore
Case: WP No.35352/2010
Date: 2012-07-03

Precedential Assessment

Non-Binding (Procedural)

A summary dismissal of a Special Leave Petition at the admission stage without detailed reasoning generally does not constitute a binding precedent on the merits of the case, as it only signifies the Supreme Court's disinclination to entertain the appeal.

Tips for Legal Practice

1.Legal practitioners should note the high threshold for admission of Special Leave Petitions under Article 136, as the Supreme Court frequently dismisses such petitions at the preliminary stage.
2.The absence of detailed reasoning in a dismissal order at the SLP stage means the impugned High Court order remains undisturbed but without the Supreme Court endorsing its specific reasoning or conclusions.

Legal Tags

Supreme Court Special Leave Petition DismissalArticle 136 Constitution of India DiscretionAppellate Jurisdiction of Supreme Court ScopeChallenge to Karnataka High Court OrderAdmissibility of Civil Appeals Supreme Court

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

5 Nov 2012

Original Order Copy

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Order Text

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ITEM NO.30 COURT NO.4 SECTION IVA 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 (Civil) No(s).34494/2012 (From the judgement and order dated 03/07/2012 in WP No.35352/2010 (GM-CPC) of The HIGH COURT OF KARNATAKA AT BANGALORE) CHANDRAPPA & ORS. Petitioner(s) VERSUS DAVANAGERE CITY MUNICIPAL CORP.DAVANAGER Respondent(s) (With prayer for interim relief and office report ) Date: 26/11/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI For Petitioner(s) Mr. L.K. Sharma, Adv. For Mr. B. Subrahmanya Prasad,Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Heard counsel for the petitioners. We find no merit in this petition for special leave. It is dismissed. |(Neetu Khajuria) |(Sneh Bala Mehra) |

|Sr.P.A. |Court Master |