What would be the fate of order passed by Lower court
Dr Shahid Nadeem
(Querist) 28 March 2016
This query is : Resolved
Respected experts....
If a COURT in it's judgment issue certain 6 ( six ) directions to the parties involved in that litigation and parties involved are also ready to comply with all those directions. But out of those 6 directions some 3 ( three ) directions are out of jurisdiction of the COURT and are unconstitutional ....
Now the query is that if the parties challenge only to those 3 unconstitutional directions of which compliance is not possible to the Appellate Court then what would be the effect of Decision of appellate court on all the directions issued by lower Court......
1- if appellate court set aside the quash those unconstitutional 3 directions then other remaining directions would be valid for compliance or those will become infructuous???
2-in general if Lower court pas an order in which there were 6 clauses...And appellate court set aside only 2 clauses out of those 6 .....then what would be effect on whole judgment delivered by lower ccourt.....is that wholly became infructuous???
R.K Nanda
(Expert) 28 March 2016
without reading court order proper reply cannot be given.
Rajendra K Goyal
(Expert) 28 March 2016
Full case file need to be referred, discuss with local lawyer.
Dr Shahid Nadeem
(Querist) 28 March 2016
Respected experts ....
Ur advices were highly valuable and appreciable in our troubled situations..
We approach u when we were unable to resolve any query we at our level or by any other lawyers within our approach at our locality.....
Please resolve my query which is just simple and straight forward...
The Assistant charity commissioner has given certain directions to enroll new members and hold elections , which we are ready to comply. But he has further empowered inspector of the charity office to amend the constitution of our society which is totally unconstitutional as regard to Bombay public trust act 1950, which enables only to the governing body of that society to Amend the constitution of the trust ....
So we have to challenge only these types of unconstitutional clauses of that judgment given by assistant charity commissioner by filling a writ as these directions can not be challenged before joint charity commissioner in an appeal against the finding of assistant charity commissioner as per the provision of Bombay public trust act....
So the query is , if high court set aside those particular unconstitutional directions which we will challenge then what would be effect of that decision of high court on remaining orders ....
Is all the clauses of the order of assistant charity commissioner will be effective or wholly become infructuous in light of setting aside certain unconstitutiona directions...
Dr Shahid Nadeem
(Querist) 28 March 2016
Respected experts....
Being a law officer to make an end to the litigations going since last 20 years in the interest of justice and for making beneficiaries to public at large of the public charitable trust in accordance with law I badly need ur advises..as our case of charitable trust has gone up to Supreme court of India after a long duration of 20 years and some of the alleged people of society by abusing process of law stalling proper management of affairs of the trust
If any of the experts required complete case history to his/her personal id ....
Please help us ...by giving ur vvaluable advice in the interest of justice to the benefit of public at large...
Dr Shahid Nadeem
(Querist) 30 March 2016
Respected experts.... Please reply and do the needful...
