M.S. KAZI v. MUSLIM EDUCATION SOCIETY [Case Comment]
Author: Riya, Student, Army Institute of Law, Mohali, Punjab, India
“Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.”
-Martin Luther King Jr.
This Case Comment is segregated into three segments. The first Segment deals with the meaning, definition, scope and significance of the Impleadment of tribunals as a necessity to be the party in the proceedings. Second segment deals with the Summary of Facts, important timeline and analysis of the different facets of the case. Third Segment deals with the different precedents given by the Hon’ble Courts, the critical analysis of the precedents and last but not the least Conclusion of this landmark judgement.
This landmark judgement introduces us to the concept of Impleadment. Here, the dilemma was about maintainability, where the tribunal which was not impleaded as a party to the proceedings at the earlier stage but was impleaded in later stages of court proceedings. The Apex Court here reversed the previous judgement of the High Court dated 28th March, 2014 and restored the Letters Patent Appeal which was dismissed earlier by the Division bench of High Court on account of its Non- Maintainability. The paper explicitly brings out the one of the basic convictions which were followed during the proceedings, i.e. the necessity of impleadment of tribunals in the legal proceedings which otherwise held not maintainable, but this landmark judgement dated 22nd August, 2016, reversed the previous precedents and setup the new benchmark.
Keywords:- Impleadment, Tribunal, Letters Patent, Writ petition, Maintainability
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