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Avinash Kumar Sharma & Ors. v. State of Haryana & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1732 of 2015)Decided 6 Feb 2015
Civil Appeal No. 1732 of 2015
Justice Anil R. Dave

Background

This order sends the case back; it does not decide the dispute. The appeal challenged a Punjab and Haryana High Court judgment dated 27 January 2011 in a regular first appeal. Counsel for both sides agreed that the facts were covered by a judgment the Court had already delivered in Civil Appeal Nos. 3547-3689 of 2014.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the High Court's judgment and sent the matter back to the High Court for fresh consideration in light of that other judgment. It asked the High Court to decide the matter expeditiously. The order records no finding on the merits.

Lesson Learnt

There is no final ruling yet on the outcome for these parties. The High Court must decide the case afresh by applying the principles of the earlier Supreme Court judgment.

Official source (sci.gov.in)View Judgment (PDF)

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