The remedy against any judgment is to prefer a petition under Article 136 of the constitution and not under Article 32

The Writ Petition seeks several reliefs, primarily to declare a previous judgment by the Bombay High Court as illegal due to a lack of hearing for the necessary parties. The Supreme Court concluded that the judgment of the High Court cannot be declared illegal under Article 32 of the Constitution, and it dismissed the petition, allowing the petitioners to seek remedies through other legal means.

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January 19, 2025

Contents

Order

3. In our considered opinion, under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegal. If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution before this Court.

Party

Vimal Babu Dhumadiya & Others – The State of Maharashtra & Others – Writ Petition (Civil) No. of 2025 (D No.1995/2025) – January 17, 2025 – 2025 INSC 77 [3 judge bench]

Vimal Babu Dhumadiya vs. The State of Maharashtra 19952025_2025-01-17 Download

TAGGED:136 Article 136

SOURCES:https://www.sci.gov.in/view-pdf/?diary_no=19952025&type=j&order_date=2025-01-17&from=latest_judgements_order