Chief Justice OF The Same High Court.
pratik
(Querist) 06 January 2011
This query is : Resolved
1) I Have Heaard That If There is a Conflict between 2 same bench decision or co - ordinate bench decision in the same high court than we have to refer to the higher bench means (larger bench)but my question is do the judges or the advocates of the parties have to take the permission form the Chief Justice of the High Court in which case is going on or do they have to inform the Chief Justice of that high court in which case is going. Pls help Me Out & Guide me . As per which section or any case laws or any consitutional powers ?
2) It has been said that if the penal statue or penal provisions , if there are 2 possible interpretation than the judge or any adjucating authority or any Assessing officer or any officer who has given the competent power or has the competent power to take the decision should lean towards the construction which exempts the subject form the peanlty rather than one which imposes the penalty. Pls Elaborate the abovematter with case laws or more valueable Opinions ?
Pls Help me out in the above matters or any opinion pls
Thanks A Lot In Advance.
Advocate. Arunagiri
(Expert) 06 January 2011
If the two judges differ, the third judge will be appointed by the CJ. For this no representation from the advocates is needed.
the court can take two different views. Please see the citations.
Possibilities of two views
A) Two contradictory statements by accused – no possibilities of two views.
Citation 1: (2009) 10 SCC 362 – para 17 & 32 – two views – acquittal illegal.
Two Views – This court will interfere with the order of the acquittal if it is perverse in the sense that no reasonable person would have come to that conclusion or if the acquittal is manifestly illegal or grossly unjust.
Citation 2 : (2009) 7 SCC 614 – para 56 to 59 – two views – no possibilities.
Two views – exceptions for interference by the court – acquittal reversed.
