Research › Browse › Judgment

Supreme Court of India · body

2004 DIGILAW 1719 (SC)

MOHD. RIZWAN KHAN v. DIRECTOR, STATE CIVIL AVIATION

2004-12-06

ARIJIT PASAYAT, S.H.KAPADIA

body2004
ORDER 1. LEAVE GRANTED. 2. BY THE IMPUGNED ORDER, A DIVISION BENCH OF THE ALLAHABAD HIGH COURT REFERRED TO SOME DECISIONS OF THIS COURT AND HELD THAT THE FACTS OF THE CASE ARE COVERED BY THE SAID DECISIONS. IT WAS NOT INDICATED AS TO WHAT WAS THE RATIO INDICATED IN THOSE CASES AND ISSUES WHICH WERE RAISED IN THE WRIT PETITION. WITHOUT INDICATING AS TO HOW THE DECISIONS ARE APPLICABLE TO THE APPELLANTS CASE, THE MATTER SHOULD NOT HAVE BEEN DISPOSED OF. ON THAT LIMITED GROUND, WE REMIT THE MATTER TO THE HIGH COURT FOR A FRESH DECISION IN ACCORDANCE WITH LAW. WE MAKE IT CLEAR THAT WE HAVE NOT EXPRESSED ANY OPINION ON THE MERITS OF THE CASE. 3. THE APPEALS ARE DISPOSED OF ACCORDINGLY.