The law here is contradictory in many aspects.
1) First line of Judgement says that when SLP is dismissed, it is neither affirming the judgement on merits nor High Court judgement merge into Supreme Court. Therefore, it is open to High Court to Review.
2) One such judgement is 2011 (4) SCALE 498 Justice Katju and Justice Gyan Sudha Misra Judgement.
3) Some judges have taken view that such review is not maintainable in High Court after dismissal of SLP.
4) Some Judges have recently said that even if review may be maintainable, No further SLP will lie against that order of High Court in review unless liberty to so is given .
The Judges relied on some provisions of Civil Procedure Code. In my view this judgement is capable of looking it at it from different angle because an Art.136 Appeal is not governed under powers of Code of Civil Procedure.
A different view is possible.
5) But in substance, law is not so clear and stable as it should be.
Haresh Raichura
1088
