Date of the Judgment: 19 April 2018
Citation: Not Available
Judges: Kurian Joseph, J., Mohan M. Shantanagoudar, J., Navin Sinha, J.
The Supreme Court of India recently addressed a procedural matter regarding the withdrawal of appeals. This case, involving the Federation of Hotel & Restaurant Associations of India, highlights the Court’s handling of requests to discontinue legal proceedings. The core issue revolves around the appellant’s decision to withdraw their appeals, leading to the Court’s dismissal of the case. The bench comprised Justices Kurian Joseph, Mohan M. Shantanagoudar, and Navin Sinha.
Case Background
The Federation of Hotel & Restaurant Associations of India had filed Civil Appeals, which were listed before the Supreme Court. On 19th April 2018, the matter was called for hearing before a three-judge bench. The appellant, through their counsel, sought permission to withdraw the appeals.
Timeline
| Date | Event |
|---|---|
| 19 April 2018 | Hearing before the Supreme Court. Appellant seeks permission to withdraw Civil Appeals. |
| 19 April 2018 | Supreme Court grants permission to withdraw the appeals and dismisses the case. |
Course of Proceedings
The judgment does not provide details of the lower court proceedings or the reasons for the initial appeals. The focus of the Supreme Court’s order is solely on the appellant’s request to withdraw the appeals.
Legal Framework
The judgment does not explicitly cite any specific legal provisions or statutes. The legal framework is implied through the Supreme Court’s inherent power to allow the withdrawal of appeals.
Arguments
The primary argument presented by the appellant’s counsel was the request to withdraw the Civil Appeals.
| Party | Main Submission | Sub-Submission |
|---|---|---|
| Appellant | Request to Withdraw Appeals | Appellant’s counsel sought permission to withdraw the Civil Appeals. |
Issues Framed by the Supreme Court
- Whether the appellant should be permitted to withdraw the Civil Appeals.
Treatment of the Issue by the Court
| Issue | Court’s Decision | Reason |
|---|---|---|
| Whether the appellant should be permitted to withdraw the Civil Appeals. | Permitted | The Court granted permission for the withdrawal of the appeals. |
Authorities
The judgment does not cite any specific authorities.
Judgment
| Party | Submission | Court’s Treatment |
|---|---|---|
| Appellant | Request to Withdraw Appeals | The Court granted permission and dismissed the appeals as withdrawn. |
The judgment does not cite any specific authorities.
What weighed in the mind of the Court?
The Court’s decision was primarily influenced by the appellant’s request to withdraw the appeals. The judgment reflects a procedural approach, focusing on the appellant’s desire to discontinue the legal proceedings.
| Sentiment | Percentage |
|---|---|
| Appellant’s Request | 100% |
| Ratio | Percentage |
|---|---|
| Fact | 0% |
| Law | 100% |
The Court’s decision is based on the procedural aspect of allowing the appellant to withdraw the appeals.
The Supreme Court stated, “Learned Counsel appearing for the appellant, on instruction, seeks permission to withdraw the Civil Appeals.” The Court then noted, “Permission granted.” and concluded, “The Civil Appeals are dismissed as withdrawn.”
Key Takeaways
- ✓ Appellants have the option to withdraw their appeals.
- ✓ The Supreme Court can grant permission for such withdrawals.
- ✓ Withdrawal of appeals leads to the dismissal of the case.
Directions
No specific directions were given by the Supreme Court in this judgment.
Specific Amendments Analysis
There is no specific amendment analysis in this judgment.
Development of Law
The judgment reinforces the established legal principle that appellants can withdraw their appeals, and the Court has the power to grant such requests, leading to the dismissal of the case. This is a procedural aspect of law.
Conclusion
The Supreme Court allowed the withdrawal of the Civil Appeals filed by the Federation of Hotel & Restaurant Associations of India, leading to the dismissal of the case. This decision underscores the procedural aspect of allowing appellants to discontinue legal proceedings.