WPMS/1278/2023
2023 Latest Caselaw 2540 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                         Signatures

      28.08.2023
                                            WPMS No. 1278 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Abhijay Negi, Advocate, for the applicant.

This writ petition was decided by this Court by the judgment rendered on 03.05.2022. The clarification has been sought in para 3 and para 8 of the said judgment.

The same would stand allowed. In line 3 of para 3, where "Hon'ble Apex Court" has been referred to, that is directed to be read as "Hon'ble Madras High Court".

Similarly, para 8 of the said judgment, would substituted to be read as under:-

"Since the said principles and distinction drawn by the Constitution Bench about the vitalities of the evidence, to be laid down in civil and criminal case has not been considered by the judgment relied by the counsel for the petitioner with regard to the relevance of consideration of the vitalities of the evidence it would render the earlier judgment as relied by the learned counsel for the petitioner, which was rendered by three Judges Bench as to be perincuriam."

Accordingly, MCC/2/2023 would stand allowed to that extent.

Today's order would be read as part of judgment dated 03.05.2022.

(Sharad Kumar Sharma, J.) 28.08.2023 Mahinder/