Sangita vs State Of Maharashtra – Doctrine of Merger

Doctrine of Merger – When this Court refused to grant special leave to appeal, be it even by way of a reasoned order, it will not attract the ‘Doctrine of Merger’. That would be an order where this Court, in the facts and circumstances of the case, declined to exercise its jurisdiction under Article 136 of the Constitution- Referred to Kunhayammed and others vs. State of Kerala and another, (2000) 6 SCC 359 and Khoday Distilleries Ltd . vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. (2019) 4 SCC 376 – However, if the leave to appeal was granted and a consequential order was passed, such an order would then attract the ‘Doctrine of Merger’ and consequently, the decision of the High Court which is under challenge, shall stand merged with that of the order passed by this Court. Since the High Court’s judgment will stand subsumed in the order of this Court and in a way, will no longer be in existence, an application seeking review thereof shall not be maintainable.

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