Enquiry
G D Srinivas
(Querist) 12 January 2015
This query is : Resolved
when lower court Judge omits supreme court precedent and passes contrary order what is the remedy ?
G D Srinivas
(Querist) 12 January 2015
Can We File Contempt against the lower court Judge in this Regard
Isaac Gabriel
(Expert) 12 January 2015
Don't be in hurry.Contempt could be filed only if a specific order is violated.In your case,an apeal to the higher court is the alterntive,where the submission could be made about the citaion by the Supreme court.
malipeddi jaggarao
(Expert) 12 January 2015
All Supreme Court precedents need not be followed by lower courts as each case depends upon different circumstances and different evidences. Hence if you feel aggrieved, you have file an appeal and put forth your pleadings about the SC precedent. No contempt lies in this case.
R.K Nanda
(Expert) 12 January 2015
appeal is the remedy.
Rajendra K Goyal
(Expert) 12 January 2015
Filing appeal is the way, no contempt lies.
Biswanath Roy
(Expert) 15 January 2015
In the given facts the author categorically stated that the lower court omits Supreme Court precedent and passed the contrary order which means that the citation of the Supreme Court although referred to in the case was omitted to mention in the order sheet and contrary order was delivered. Omission and commission of an error in the order sheet if apparent on record can be removed and remedied by a Review petition by the same court. Inspite of bringing it to the notice/ attention of the court about such omission or commission if the court deliberately defy to follow and to obey the Supreme Court judgement then it will tantamount to contempt of Court. The Supreme Court order is applicable in all cases even if the circumstances are different because all orders of The Supreme Court are always to be treated as RULE DECIDINDI or RULE OF DECISION and cannot be treated as OBITER DICTUM like High Courts.
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
I agree to the opinion of respected expert and senior learned advocate Roy sir, however, in this case an appeal will elucidate the issues more properly than a revision by the same court which has erred in the decision.
Dr J C Vashista
(Expert) 16 January 2015
I agree with the expert advise of Mr. Roy. However, it does not attract Contempt of Court.
Biswanath Roy
(Expert) 16 January 2015
In an appeal a new fact which was omitted in the trial court cannot be incorporated and considered as a part of the appeal for re-adjudication. Whereas, if Review petition is filed in the trial court for omission of a fact the author will be benefited in two ways namely (a) either omission of facts will be considered and corrected the order accordingly and (b) refuse to entertain the Review petition and shall have to order accordingly in the Review matter with the explanation why the court neglected the judgement of the Hon'ble Supreme Court. From that Review order if it transpires that the trial court deliberately acted in defiance to the order of the Hon'ble Supreme Court then the provisions of Law of Contempt shall apply. Besides, the question of facts of the Review petition can be taken up as a fact under the appeal.
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
The latest opinion and suggestion by the respected Senior Roy sir, will help creating a strong ground for preparing memorandum of appeal especially the second benefit.
