in limine
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
- Res judicata and bar to further suit (sections 11 and 12) (Civil Procedure Code and Limitation Act)
- Plaint: its parts, return and rejection (Order VII) (Civil Procedure Code and Limitation Act)
- Bail applications: regular, default and anticipatory bail under the BNSS (Drafting, Pleading and Conveyance)
- Standing orders (Labour and Industrial Law I)
- The Patents Act, 1970: Human Rights and Environment (Law of Intellectual Property Rights, Human Rights and Environment)