Supreme Court of India
Shah Babulal Khimji v. Jayaben D. Kania and Anr.
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that J.K. Chemicals' s case (supra) was also wrongly decided and can no longer be treated as good law.
Judgment, page 51
From the headnote
c (Amarendra Nath Sen, J. concurring.) Since the Order of the trial Judge was one refusing appointment of a receiver and grant of ad-interim injunction, it is a 'judgment' within the meaning of the Letters Patent both because order '3 rule 1 applies to internal appeals in the High Court, and such an order even on merits contains the quality of fina- lity and would be a judgment within the meaning of clause 15 of Letters Patent. Hence an appeal is maintainable to the Division Bench. The Division Bench was in error in dismissing the appeal without deciding it on merits. (259 - ] 188 SUPREME
Authorities it was built on
- 1959 Dr. B. K. Pal Chaudhry v. The State Oe Assam
- 1963 Shankarlal Aggarwal and Ors v. Shankarlal Poddar and Ors.
- 1961 Union of India v. Mohindra Supply Company
- 1959 Jnanendra Nath Ghose v. The State of West Bengal
- 1979 Commissioner of Income-tax, Kerala v. Alagappa Textile (cochin) Ltd.
- 1977 Jahar Roy (dead through L.rs) and Anr. v. Premji Bhimji Mansata and Anr.
- 1953 Asrumati Debi v. Kumar Rependra Deb Raikot
Where later benches applied it
- 2022 Shyam Sel and Power Limited and v. Shyam Steel Industries Limited
- 2025 Garden Reach Shipbuilders and Engineers Limited v. Grse Limited Workmens Union & Ors.
- 2022 Narendra Hirawat and Co. v. Sholay Media Entertainment Pvt. Ltd. & Anr.
- 2017 Life Insurance Corporation of India v. Sanjeev Builders Pvt. Ltd. and Ors.
Of those, 1 relied on · 1 referred to · 2 mentioned
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