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- Introduction
- Indian Courts and The Doctrine of Merger
- Inapplicability of The Doctrine of Merger
- Doctrine of Merger and Special Leave Petitions
- Conclusion
The doctrine of merger is a common law doctrine that is rooted in the idea of maintenance of the decorum of hierarchy of courts and tribunals, the doctrine is based on the simple reasoning that there cannot be, at the same time, more than one operative order governing the same subject matter.The same was aptly summed up by the Supreme Court when it...
Perhaps the earliest Indian decision discussing the doctrine of merger is that of the High Court of Bombay in CIT v. Tejaji Farasram Kharawallawhere it was held that: In CIT v. Amritlal Bhogilal & Co., another decision which touches upon the doctrine of merger, the Supreme Court observed: Another important decision in the realm of the doctrine of m...
There are certain circumstances in which the doctrine of merger will not apply as a matter of course, these include situations where the scope of appeal/revision is narrower than that of the original proceeding, and situations where the power vested in the court designated to hear such appeal/revision is limited; additionally, the doctrine of merge...
Given their extraordinary nature, a great deal of judicial time and attention has been spent on the effect of judicial orders in special leave petitions and the applicability of the doctrine of merger thereto. To better understand this, it is necessary that we examine the very nature of Article 136. The power vested in the Supreme Court by virtue o...
The doctrine of merger stems from necessity; the absence of an established doctrine to ascertain which one of several successive orders must be deemed final and therefore prevail would be chaotic to say the least. The doctrine of merger more than adequately fills this void by stipulating that it would be the order of the appellate/revisional court ...
Apr 12, 2024 · Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.
- AJ Blechner
- 2012
Aug 2, 2024 · Help with finding books. The Law Library's collection is fully catalogued on SOLO, Oxford University's online resource discovery tool. For those wishing to learn more about using searches, we recommend the following: << Previous: Case citation. Next: Journals >>.
2 days ago · This book explains the organisation and procedures of courts and tribunals, the trial process and jury system, major forms of redress in private and public law, and discusses the way judges make and determine the law.
Aug 20, 2024 · The digitised papers (case for the appellant, case for the respondent, record of proceedings, factums and appendices) are available as searchable PDF files alongside the judgment texts
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Jul 1, 2024 · Cases in the courts are reported in numerous series of law reports (print and online). Law Reports series editors select cases for reporting cases selectively. Cases are selected for reporting if they lay down a new principle of law, or change or clarify the existing law.
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