Constitution Art. 141 — the law in short
What the courts have decided on section Constitution Art. 141, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Kunhayammed v State of Kerala
Supreme CourtHelps department
The department's SLP against a High Court judgment in my favour was dismissed. Is that judgment now a Supreme Court decision?
No. Refusal of special leave, whether by a non-speaking order or a speaking one, is not an exercise of appellate jurisdiction and does not attract the doctrine of merger - the High Court's order remains the operative order. If the refusal gives reasons, those reasons are a declaration of law under Article 141 and bind the courts below, but the High Court judgment does not become a Supreme Court judgment. It is only once leave is granted and the appeal is decided that the order below merges in the Supreme Court's order.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.