Articles in this category Most recent judgment to be considered IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944 WP(C) NO . 19452 OF 2019 Cochin International Airpo... WILLFUL&DELIBERATE DISOBEDIENCE of Law laid down by courts by public servants: The Bombay High Court, in Legrand (India) Private Ltd. vs Union Of India (Uoi) And Ors. on 21 June, 2007 Has held as below ….. WILLFUL&DELIBERATE DISOBEDIENCE of Law laid down by courts by public servants is malice The Bombay High Court, in Legrand (India) Private Ltd. vs Union Of India (Uoi) And Ors. on 21 June, 2007 Has held as below ….. Have To Be Applied In Given Facts Of Particular Case: Observations In Judgments Cannot Be Read As “Euclid’s Theorem”, Have To Be Applied In Given Facts Of Particular Case: Orissa HC https://www.verdictum.in/court-updates/high-courts/observations-in-jud... do the superior courts make law 84. Apart from the power to make subordinate legislation as a delegate of the Legislature, do the superior courts make law or is it entirely tabooed? In other words, when the court decides a lis, is t... Can Unreported or Non Reportable Judgments Be Cited ? Can Unreported or Non Reportable Judgments Be Cited ? Leave a Comment / Law of Precedents / By CiteCase The Supreme Court and many High Courts have a practice of certifying a judgment as Reportable. L... It is the ratio decidendi of a judgment and not the final order in the judgment, which forms a precedent. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1961 of 2019 [ Arising out of S.L.P. (Civil) No. 31539 of 2012 ] SANJAY K. DIXIT AND OTHERS .... Appellants Versus THE STATE ... When a position in law is well settled as a result of judicial pronouncement In Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P) Ltd. and Anr. MANU/SC/0639/1997 : (1997) 6 SCC 450, the three Judge Bench observed: 32. When a position in law is well settled as... Court to apply the correct law without waiting for an objection to be raised by a party, in Authorized Officer, State Bank of Travancore Vs. Mathew K.C., (2018) 3 SCC 85 It is ruled as under; “16. It is the solemn duty of the Court to apply the correct law without waiting for an objection... judgment of superior courts and Tribunals must be written only after deep travail and positive vein in the case of Sundarjas Kanyalal Bhatija and Ors Vs Collector, Thane, Maharashtra and Ors, (1989) 3 SCC 396 it is ruled as under; “23. Judge Learned Hand has referred to the tendency of some judges “... not following the law laid down in the previous decision in Baradakanta Misra v. Bhimsen Dixit, (1973) 1 SCC 446, it is ruled as under; ‘‘15. The conduct of the appellant in not following the previous, decision of the High Court is calculated to create conf... courts including Supreme Court (smaller Bench) does not have jurisdiction or authority to interfere or relax the terms/conditions of final and binding orders of Supreme Court (larger Bench) in Subrata Roy Sahara’s case (2014) 8 SCC 470 as; “G - Contempt by court, judge magistrate or other person acting judicially - courts including Supreme Court (smaller Bench) does not have jurisdiction... who take oath to act in accordance with the Constitution and uphold the sam .In Official Liquidator v. Dayanand, (2008) 10 SCC 1 it is ruled as under; 78. There have been several instances of different Benches of the High Courts not following the judgments/orders of coordinat... undermine respect for law laid down by the High Court and impair the constitutional authority That, in Barad Kanta Mishra vs. State of Orissa (1973) 1 SCC 446, it is ruled as under; ‘‘15. The conduct of the appellant in not following the previous, decision of the High Court is calculated to cr... not following the Judgments of the High Court and Supreme Court. In Prabha Sharma Vs. Sunil Goyal and Ors. (2017) 11 SCC 77, it is ruled as under; “Article 141 of the Constitution of India - disciplinary proceedings against Additional District Judge for not followi...