Permission Form CJI Of The High Court.
pratik
(Querist) 17 December 2010
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. 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.
Thanks In Advance.
Arun Kumar Bhagat
(Expert) 19 December 2010
1.Judicial propriety demands that in case of difference of opinions, the matter shall be referred by the division bench to the Court of Chief Justice for referring the same to another single judge, who shall decide the case.
2. If two views are possible then the view which is in favour of the accused shall be followed as the Innocence of an accused is his fundamental right.
