KSLU Corner™ New AIBE previous QP

in limine

Latin · in LIM-in-ay · Latin maxims and phrases

Meaning. At the threshold: at the very outset, before the case is heard on its merits.

A petition or appeal dismissed in limine is rejected at the admission stage, usually without notice to the other side and without a full hearing. A preliminary objection raised in limine is one taken at the start, such as lack of jurisdiction, limitation or bar of res judicata, which if upheld ends the matter without going into the merits.

The phrase matters most with special leave petitions. In Kunhayammed (2000) the Supreme Court held that dismissal of an SLP in limine, by a non-speaking order, does not mean the Court has affirmed the High Court's judgment; there is no merger, so the party may still seek review in the High Court. A speaking order of dismissal may, however, bind as a declaration of law under Article 141.

Example

The Supreme Court dismissed the special leave petition in limine, so the High Court's judgment did not merge into the Supreme Court's order.

In Indian law

See also

special leave petition · rejection of plaint · review

Read more in the study notes

← Back to the dictionary