HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year, 2 months ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench. However, this first suit was dismissed at all stages starting from the trial court to the High Court vide its order dated March 30, 1990, in the second appeal. Notably, the High Court, in an appeal, relied on its judgment passed in the first suit and declared that the appellants were entitled for the entire suit property. At the outset, the Apex Court pointed out that while deciding the first suit, the High Court at number of places has recorded that the suit property comprised of 8 cents of land.

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History of this topic

DC Edit | SC Must Ensure HC Judge, Like Anyone, Faces the Law
1 week, 1 day ago

DC Edit | SC Must Ensure HC Judge, Like Anyone, Faces the Law

Deccan Chronicle  

Doubts about the chances of corrupt individuals presiding over courts in India have been widely expressed, starting from oblique references to plain statements about the share of tainted judges within the system. The events that followed a fire that gutted loads of currency notes in the house of Delhi High Court judge Yashwant Varma have proved the whistleblowers right. Every …

HC Closing Case Based On Respondent's Affidavit Without Giving Petitioner Chance To Respond Violates Natural Justice Principles: Supreme Court
1 month, 3 weeks ago

HC Closing Case Based On Respondent's Affidavit Without Giving Petitioner Chance To Respond Violates Natural Justice Principles: Supreme Court

Live Law  

The Supreme Court, while quashing the acquisition proceedings initiated by a development authority against the appellant, observed that the High Court's reliance on the authority's affidavit without providing the appellant with an opportunity to respond is violative of natural justice principles. “We find that the approach of the Division Bench in relying on the affidavit of the authority and closing …

Supreme Court Says Its Judgments Must Clarify Their Binding Nature So That HCs & Trial Courts Don't Get Confused
2 months, 2 weeks ago

Supreme Court Says Its Judgments Must Clarify Their Binding Nature So That HCs & Trial Courts Don't Get Confused

Live Law  

The Supreme Court recently highlighted the need to clearly state the intent behind a judgment within the judgment itself. The Court added that apart from the regular disposal of the cases by exercising powers under Article 136 of the Constitution, it also delivers decisions that set as a binding precedent under Section 141 of the Constitution wherein the High Courts …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
3 months, 3 weeks ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
4 months, 2 weeks ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

SC bench to hear Punjab HC’s criticism of its order
7 months, 3 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud
11 months, 3 weeks ago

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud

Live Law  

Chief Justice Of India, DY Chandrachud today expressed serious concerns about High Court judges reserving judgments on matters for long periods after completing the hearing.CJI said that after he wrote to High Court Chief Justices seeking information about the details of cases where judgments have been reserved for over three months, several High Court judges released those matters. Chief Justice …

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
1 year, 1 month ago

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction …

Conflicting Judgements Of Coordinate Benches
2 years, 2 months ago

Conflicting Judgements Of Coordinate Benches

Live Law  

This article deals with the following issues in relation to coordinate bench judgments: law in relation to the conflicting judgments passed by the coordinate benches; recourse available to the latter coordinate bench; and conundrum which a lower court faces when conflicting judgments of co-equal benches are relied upon by the litigants before a lower court. This naturally leads to some …

Supreme Court Constitution Bench Judgments Of 2022
2 years, 3 months ago

Supreme Court Constitution Bench Judgments Of 2022

Live Law  

There were four judgments/orders of the Constitution Bench in the year 2022. Supreme Court upholds 10% reservations for Economically Weaker Sections The bench comprising Chief Justice of India Justice UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections in …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 5 months ago

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that existence of alternate remedies is not an absolute bar against the exercise of discretion under Article 136 of the Constitution of India. Observing that the discretion under Article 136 is "flexible and sufficiently wide to correct glaring errors and injustices", the Supreme Court recently entertained a petition filed challenging a single bench order of. …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 7 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]
4 years, 8 months ago

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that a High Court cannot allow Second Appeal without having formulated a substantial question of law.A mere mention about the question having been formulated in the memorandum of appeal is not enough, said the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna while setting aside a Kerala High Court judgment.While considering an. The …

SC Constitution Bench Concludes First 'Virtual Hearing'; Reserves Judgment
4 years, 8 months ago

SC Constitution Bench Concludes First 'Virtual Hearing'; Reserves Judgment

Live Law  

The first ever "virtual constitutional bench" of the Apex Court on Tuesday reserved its judgment after concluding the hearing of a case. In 'Virtual Court No.3', a five judge bench comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose heard the matter relating to the issue whether states can provide reservation in PG medical Courses …

Judicial Discipline Ordains That Coordinate Bench Cannot Take Contrary View; Can Only Refer To Larger Bench : SC [Read Judgment]
4 years, 9 months ago

Judicial Discipline Ordains That Coordinate Bench Cannot Take Contrary View; Can Only Refer To Larger Bench : SC [Read Judgment]

Live Law  

In the judgment holding that the lockdown restrictions and the extension of limitation will not impact the right to default bail, the Supreme Court made some significant observations on judicial discipline.The issue arose out a single bench decision of Madras High Court in the case S Kasi v State through Inspector of Police, which held that the SC's order of …

HC Can Only Exercise Jurisdiction Over State Of Which It Is The High Court: SC [Read Judgment]
4 years, 11 months ago

HC Can Only Exercise Jurisdiction Over State Of Which It Is The High Court: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the jurisdiction of a High Court is limited to the territorial jurisdiction of the State of which it is the High Court. The bench of Justices Deepak Gupta and Aniruddha Bose were considering an appeal filed by the Union of India against a Madras High Court judgment in which it issued a direction which …

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]
5 years, 4 months ago

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]

Live Law  

The Supreme Court has directed the Allahabad High Court to continue with the contempt proceedings against a litigant and lawyer for allegedly resorting to 'bench hunting'.While Justice A.M. Thipsay, was presiding a Court in Lucknow bench, a submission was made by a lawyer that, in the case, a member of. The Supreme Court has directed the Allahabad High Court to …

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 7 months ago

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]

Live Law  

Can the Supreme Court interfere under Article 136 of the Constitution to quash the order of the High Court, merely on the ground of existence of an alternative remedy? A two judge bench comprising of Justice R. Banumathi and Justice Indira Banerjee recently delivered a split judgment on the issue.Disagreeing with Justice Banumathi's order setting aside a judgment of the …

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]
6 years, 1 month ago

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]

Live Law  

The Supreme Court, last week, set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]
7 years, 7 months ago

HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]

Live Law  

Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual finding, the bench said.Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether. Merely …

HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]
7 years, 7 months ago

HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]

Live Law  

Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual finding, the bench said.Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether. Merely …

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in …

Judicial Functions Can’t Be Delegated: SC [Read Judgment]
8 years ago

Judicial Functions Can’t Be Delegated: SC [Read Judgment]

Live Law  

Judicial function is not to be delegated to an officer of the court by the judge of the high court, the bench observed.A judicial functioning has to be done in a judicial manner, observed the Supreme Court while holding that Section 33 of the Stamp Act does not empower the judge of the high court to direct the officer of …

7 Judges Bench of Allahabad HC directs the Govt. to enhance the strength of Judges by 25% in Lower Judiciary [Read Judgment]
9 years, 5 months ago

7 Judges Bench of Allahabad HC directs the Govt. to enhance the strength of Judges by 25% in Lower Judiciary [Read Judgment]

Live Law  

In a matter of Reference to ensure the security in district courts across the state of Uttar Pradesh, a seven-judge bench of Allahabad High Court directed the state government to enhance the strength of judges in lower judiciary by 25% by the next year. The bench, headed by the Chief Justice directed the state government to complete the security work …

7 Judges Bench of Allahabad HC directs the Govt. to enhance the strength of Judges by 25% in Lower Judiciary [Read Judgment]
9 years, 5 months ago

7 Judges Bench of Allahabad HC directs the Govt. to enhance the strength of Judges by 25% in Lower Judiciary [Read Judgment]

Live Law  

In a matter of Reference to ensure the security in district courts across the state of Uttar Pradesh, a seven-judge bench of Allahabad High Court directed the state government to enhance the strength of judges in lower judiciary by 25% by the next year. The bench, headed by the Chief Justice directed the state government to complete the security work …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 5 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]
10 years, 7 months ago

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]

Live Law  

Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996, is binding on the Government/Client was the issue before the Court.Three Arbitration awards were challenged by the State of Tamil Nadu by filing three petitions under Section 34 of the Act, seeking to. …

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]
10 years, 7 months ago

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]

Live Law  

Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996, is binding on the Government/Client was the issue before the Court.Three Arbitration awards were challenged by the State of Tamil Nadu by filing three petitions under Section 34 of the Act, seeking to. …

Supreme Court Weekly Round-Up
10 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law  

A Supreme Court Constitutional bench comprising of Chief Justice R.M. A Supreme Court bench comprising of Justice Dipak Misra and Justice V. Gopala Gowda observed that a delay in adjudication by the Family Court is not only against human rights but also against the basic embodiment of dignity of an individual. A Supreme Court bench comprising of Justice Dipak Misra …

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