Writ
jitender
(Querist) 18 November 2011
This query is : Resolved
dear members, require your expert advice,
can a Single bench of HC sitting in writ jurisdiction, refuse to consider the judgement of the same HC delivered in a civil suit in the exactly same facts and circumstances merely becoz that judegemnt was passed in civil suit....and preposition of law laid down by the HC in civil suit will not apply to writ petitions.....
please provide the opinions as well as the case law if possible....
Devajyoti Barman
(Expert) 18 November 2011
Any court court of concurrent jurisdiction has every right of refusal to consider the decision of the other.
If in your case the judgement passed in the civil court was that of a single judge then the Writ court is competent to refuse to consider the same.
Now whether the said decision would have been applicable in your writ petition or not, this question can only be replied when we could compare both the cases and the facts situation.
Dr V. Nageswara Rao
(Expert) 19 November 2011
1. A Civil or Criminal Curt cannotrefuse to follow a decision of the High Court or Supreme Court which is a precedent.
2.A judgment in a civil matter does not bind a Court in criminal matter as res judicata, and vice versa.
3. In the high Court a smaller Bench cannot disagree with a Larger Bench. It should not, in principle, disagree with even another Bench of same strength. If a Bench is inclined to disagree, the Bench should refer the matter to CJ for reference to larger Bench.
prabhakar singh
(Expert) 19 November 2011
AND there is nothing in speak of Dr V. Nageswara Rao with which one can even think to disagree.
