whether the self same order, which has reached its finality can be challanged under writ jurisdiction ? According to us, it is not legally permissible, if it is done the writ court will unsettle a legally settled position.-2015 A.P. msklawreports


whether the self same order,
which has reached its finality can be challanged under writ jurisdiction ? 
According to 
us, it is not legally permissible, if it is done the writ court will unsettle a legally settled position. 
when appellate authority has already decided the matter against the petitioner, the writ Court is
debarred from doing so as the same binds the writ Court applying the principle of res judicata, particularly, when the appellate authoritys orders are not challenged in the writ jurisdiction.  -2015 A.P. msklawreports

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

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APEX COURT DIGEST 2016 - 1

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