)2 CompLJ193 (SC ), (2002 )2 CompLJ193 (SC ), (2002 )III GLR2138 , (2002 )3 GLR290 , 2002 INSC 189 , JT2002 (3 )SC 609 , 2002 (3 )SCALE406 , (2002 )4 SCC388 , [2002 ]2 SCR1006 , 2002 (3 )SCT527 (SC ), ,MANU/SC/0910/2002
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MANU/SC/0910/2002
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Writ Petition (Civil) 509 of 1997, Writ Petition (Civil) 108 of 1999
Decided On: 10.04.2002
Appellants: Rupa Ashok Hurra Vs. Respondent: Ashok Hurra and Ors.
Hon'ble Judges/Coram:
S.P. Bharucha, C.J., S.S.M. Quadri, U.C. Banerjee, S.N. Variava and Shivaraj V. Patil JUDGMENT
S.S.M. Quadri, J.
1. These writ petitions have come up before us as a Bench of three learned Judges of this Court referred the firstmentioned writ petition to a Constitution Bench observing thus :
"Whether the judgment of this Court dated March 10, 1997 in civil Appeal No. 1843 of 1997 can be regarded as a nullity and whether a writ petition under Article 32 of the Constitution can be maintained to question the validity of a judgment of this Court after the petition for review of the said judgment has been dismissed are, in our opinion, questions which need to be considered by a Constitution Bench of this Court."
2. The other writ petitions were tagged to that case.
3. In these cases the following question of constitutional law of considerable significance arises for consideration :whether an aggrieved person is entitled to any relief against a final judgment/order of this Court, after dismissal of review petition, either under Article 32 of the Constitution or otherwise.
4. In our endeavour to answer the question, we may begin with noticing that the Supreme Court of India is established by Article 124 of the Constitution which specifies its jurisdiction and powers and enables Parliament to confer further jurisdiction and powers on it. The Constitution conferred on the Supreme Court original jurisdiction (Articles 32 and