Prem Chandra Agarwal and anr. Vs. U.P. Financial Corp. and ors. - Court Judgment |
| Contempt of Court |
| Supreme Court of India |
| Apr-23-2009 |
| Civil Appeal No. 2769 of 2009 (Arising out of S.L.P. (C) No. 15019 of 2008) and Contempt Petition (C |
| Markandey Katju and; H.L. Dattu, JJ. |
| 2009(3)AWC2578(SC); JT2009(8)SC118; 2009(6)SCALE299; (2009)11SCC479 |
| Prem Chandra Agarwal and anr. |
| U.P. Financial Corp. and ors. |
| Vijay Hansaria, Sr. Adv.,; Ravi Mehrotra,; R.K. Singh, Ad |
| Shrish Kumar Misra, Adv. |
| Petition dismissed |
| From the Judgment and Order dated 23.04.2008 of the Hon'ble High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 40656/2007 |
- indian penal code, 1890.section 304, part ii: [dr.arijit passyat & asok kumar ganguly,jj] culpable homicide not amounting to murder - common intention - accused persons armed with weapon came to field of deceased -free fight - accused inflicted injuries by ballam (spear) on chest and lateral lower side of deceased resulting in his death - accused d gave gandasi (chopper) blow on knee of deceased and accused a inflicted lathi blow - said co-accused was convicted under sections 324 & 323 i.p.c., and was sentenced to period already undergone held, accused is liable to be convicted under section 304 part ii instead of section 302. - 4. it is a well-settled principle that once a final order is passed, all earlier interim orders merge into the final order, and the interim orders cease to exist.ordercivil appeal no. 2769 of 2009 (@ s.l.p. (c) no. 15019/2008):1. leave granted.2. this appeal has been filed against the interim order dated 24.4.2004 passed by the high court of allahabad in civil misc. writ petition no. 40656 of -2007.3. mr. vijay hansaria, learned senior counsel appearing for the appellants submits that subsequently final judgment has been passed by the high court on 25.8.2008 in the writ petition.4. it is a well-settled principle that once a final order is passed, all earlier interim orders merge into the final order, and the interim orders cease to exist.5. in this appeal, since the final order has been passed by the high court, obviously all interim orders passed by the high court in the same writ petition, cease to exist automatically. consequently, any direction given in the interim order dated 24.4.2004 also ceases to exist.6. in view of the final order passed by the high court, the impugned interim order and any direction therein have ceased to exist. the appeal has become infructuous and is, accordingly, dismissed.contempt petition (c) no. 164 of 008 in slp(c) 15019/2006:7. in view of the aforesaid decision, contempt petition is dismissed.
ORDER
Civil Appeal No. 2769 of 2009 (@ S.L.P. (C) No. 15019/2008):
1. Leave granted.
2. This appeal has been filed against the interim order dated 24.4.2004 passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 40656 of -2007.
3. Mr. Vijay Hansaria, learned senior counsel appearing for the appellants submits that subsequently final judgment has been passed by the High Court on 25.8.2008 in the writ petition.
4. It is a well-settled principle that once a final order is passed, all earlier interim orders merge into the final order, and the interim orders cease to exist.
5. In this appeal, since the final order has been passed by the High Court, obviously all interim orders passed by the High court in the same writ petition, cease to exist automatically. Consequently, any direction given in the interim order dated 24.4.2004 also ceases to exist.
6. In view of the final order passed by the High Court, the impugned interim order and any direction therein have ceased to exist. The appeal has become infructuous and is, accordingly, dismissed.
Contempt Petition (C) No. 164 of 008 in SLP(C) 15019/2006:
7. In view of the aforesaid decision, Contempt Petition is dismissed.