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Analysing the retrieved Case Laws
Scanned Judgements…!
TANDA BESTARI DEVELOPMENT SDN BHD vs KETUA PENGARAH HASIL DALAM NEGERI (ENCL 1) - High Court Malaya Kuala Lumpur
, 2024 0 Supreme(Gau) 862References:- 2023 0 Supreme(Del) 4238-
TANDA BESTARI DEVELOPMENT SDN BHD vs KETUA PENGARAH HASIL DALAM NEGERI (ENCL 1) - High Court Malaya Kuala Lumpur
- 2024 0 Supreme(Gau) 862- 2023 0 Supreme(Bom) 2136- 2023 5 Supreme 307- 2024 0 Supreme(HP) 331- 2024 Supreme(Online)(HP) 2965- 2023 0 Supreme(Mad) 3095
In the hierarchical structure of the Indian judiciary, higher courts have the authority to overrule decisions of lower courts, ensuring uniformity and correctness in law application. This principle is crucial for maintaining judicial integrity. While practitioners often grapple with , such as What is the effect if the judgment debtor does not obey the order passed under ?—which typically involves coercive measures like — raise broader questions of compliance and discipline. This post delves into the legal principles, consequences, and case laws governing .
Disclaimer: This article offers general information on legal principles and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.
is paramount when a higher court overrules a lower court's judgment. The judge whose decision has been overruled must strictly adhere to the superior ruling. They cannot re-write, reiterate, or assert their original views in the same proceedings or collateral matters involving the same parties. This prevents bias, obstinacy, and undermines the hierarchy. As stated, If a judgment is over-ruled by the higher court, the required that the Judge whose judgment is over-ruled must submit to that judgment. He cannot, in the same proceedings or in between the same parties, re-write the over-ruled judgment. 2020 0 Supreme(Guj) 542
This principle upholds the and ensures consistency. Failure to comply may lead to administrative actions or further judicial review, though courts emphasize self-discipline among judges. 2012 0 Supreme(HP) 936
, particularly when reviewing acquittals, exercise caution. Overruling a trial court's acquittal requires very substantial and compelling reasons. These include:
must accord due weight to trial court findings, especially on credibility of witnesses. If two reasonable views exist—one favoring acquittal and one conviction—the view favoring the accused prevails. 2013 0 Supreme(P&H) 756 2014 0 Supreme(P&H) 1440
The doctrine of overruling remains operative unless explicitly abolished by a larger bench. Courts have affirmed its application in appropriate cases, noting it has not been overruled. For instance, the doctrine of has not been entirely abolished; until it is explicitly overruled by a larger bench, it remains applicable in relevant circumstances. 2023 0 Supreme(Del) 4238
Relatedly, prevents retrospective application of new rulings to maintain legal stability. This power is within the 's domain.
TANDA BESTARI DEVELOPMENT SDN BHD vs KETUA PENGARAH HASIL DALAM NEGERI (ENCL 1) - Malaya Kuala Lumpur
Indian courts have clarified these principles through landmark decisions:
: Judges are human and can err; correct such mistakes. An overruled judgment must not be reiterated in subsequent proceedings to uphold discipline. 2012 0 Supreme(HP) 936
: The held that attempting to overrule a judgment without addressing its legal basis or new material is unconstitutional. 2011 0 Supreme(All) 3214
: This case outlined criteria for appellate interference with acquittals, stressing substantial reasons and respect for trial findings. 2013 0 Supreme(P&H) 756 2014 0 Supreme(P&H) 1440
Additional precedents reinforce these views:
In Khetan's case, the judgment was explicitly overruled, with courts leaning towards upholding civil court jurisdiction absent clear bars. The judgment in Khetan's case is, therefore, over-ruled. 2014 0 Supreme(Bom) 1080
Judgments in other cases remain binding unless specifically overruled, as affirmed in references to and others. Therefore, the judgment in other cases is not over-ruled. 2022 0 Supreme(Guj) 361 2022 0 Supreme(Guj) 91
: Referenced in later decisions, illustrating that prior judgments are considered even if not explicitly overruled. 2013 0 Supreme(Bom) 1419
Courts possess under , but only for . Subsequent overruling or perceived erroneous judgments do not qualify. Review is not an appeal in disguise. Review is not an appeal and cannot be exercised merely because a judgment appears erroneous or has been modified by subsequent decisions. 2024 0 Supreme(Gau) 862 2024 0 Supreme(HP) 331
The in emphasized review's limited, statutory nature. Errors from legal developments post-judgment are insufficient. 2024 0 Supreme(Gau) 862
Procedural compliance is key; absent clear errors or fundamental rights violations, courts refrain from interference. 2023 0 Supreme(Bom) 2136 2023 5 Supreme 307
Overruling ensures evolving jurisprudence but demands respect for finality. Lower courts must align promptly, while litigants should monitor higher rulings affecting their cases.
Key Recommendations:
reinforce and discipline in India. Lower courts must submit without reiteration, while require compelling grounds to interfere, especially with acquittals. Principles from cases like and Ghurey Lal guide this balance, preventing while respecting trial insights.
Key Takeaways:
References:
2012 0 Supreme(HP) 936 2011 0 Supreme(All) 3214 2013 0 Supreme(P&H) 756 2014 0 Supreme(P&H) 1440 2020 0 Supreme(Guj) 542 2022 0 Supreme(Guj) 361 2022 0 Supreme(Guj) 91 2014 0 Supreme(Bom) 1080 2013 0 Supreme(Bom) 1419 2023 0 Supreme(Del) 4238
TANDA BESTARI DEVELOPMENT SDN BHD vs KETUA PENGARAH HASIL DALAM NEGERI (ENCL 1) - Malaya Kuala Lumpur
2024 0 Supreme(Gau) 862 2023 0 Supreme(Bom) 2136 2023 5 Supreme 307 2024 0 Supreme(HP) 331 #OverruledJudgment, #IndianJudiciary, #JudicialDiscipline
Therefore, this Court is of the view that the doctrine not being over-ruled has been rightly put to use by the learned arbitrator. The issue no.1 is decided accordingly." 19. ... Since the Hon'ble Supreme Court has referred the doctrine to a larger Bench to determine its legality, the doctrine till the time is not over-ruled by the Larger Bench, shall be applicable in the relevant circumstances. ... Another ground for seeking review of the judgment....
under the section before the date of the judgment in this matter would remain undisturbed and not be affected. ... 10.1 In the foregoing circumstances, it is my considered judgment that P has discharged its burden in L1. ... Pentadbir Tanah Kemaman & Anor [2015] 1 MLRA 255; [2016] 1 MLJ 544; [2015] 3 CLJ 861; [2015] 2 AMR 89, had ruled that the failure of an applicant to apply for an extension of time had rendered and served as a basis for....
Union of India & others, reported in (2000) 6 SCC 224, inasmuch as Lily Thomas (supra) ruled that ordinarily, the power of review, being a creature of statute, cannot be exercised as an inherent power, yet such technicalities of law may have to be bent, in an appropriate cases ... After hearing the learned counsel for the parties, this court delivered the Judgment on 05/08/2022 dismissing the said appeal as well as set aside the Judgment an....
Thus, while exercising the power of review under ruled 16(1) (b) of the licensing order 1979, the State Government cannot pass an order as if it is exercising power of appeal or revision. ... No such error has been pointed out by the learned counsel appearing for the parties seeking review of the judgment. The only arguments advanced were that the judgment interpreting Sec. 494 amounted to violation of some of the funda-mental rights. ... P....
Sumitri Devi (1997)8 SCC 715, where, this Court ruled that under Order XLVII Rule 1 CPC, a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. ... JUDGMENT : Satyen Vaidya, J. ... The judgment or order is open to review if there is a mistake or an error apparent on the face of the record. ... Recently, this Court in a judgment dated 24.-2-2023 pa....
Sumitri Devi (1997) 8 SCC 715 , where, this Court ruled that under Order XLVII Rule 1 CPC, a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. ... Paragraph 298[ The paragraph nos. are from the original impugned judgment annexed in the paper book.] of the judgment deals with the analysis and interpretation of Section 44 of the Act. ... We may briefly refer to th....
It was ruled there that the Courts had to be careful to ensure that the process of the Court and the laws of procedure were not abused by judgment-debtors in such a way as to make the courts of law instrumental in defrauding creditors, who had obtained decrees in accordance with their rights. ... available to the judgment debtor under the provisions of the statute or the code, as the case may be.” ... JUDGMENT Tarlok Singh....
Sumitri Devi, (1997) 8 SCC 715, where, this Court ruled that under Order XLVII Rule 1 CPC, a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. ... No such error has been pointed out by the learned counsel appearing for the parties seeking review of the judgment. The only arguments advanced were that the judgment interpreting Section 494 amounted to a violation o....
10. ... ...Roshni Scheme of 2001 did not work as an impediment for the beneficiary, for, as his case was pending prior to Roshni Scheme, rightly so because that makes no difference as ruled in Manjit Singh's case... ..." 19. ... The judgment of the Division Bench of this Court in Mohd. ... In fact, the judgment of the Division Bench of this Court in Mohd. ... Thereafter, by the judgment, dated 4th May 2007, the Division B....
We must also point out, the judgment of this Court in Narayanaswamy Naidu and Another Vs. ... Reliance was also placed, in respect of the above preposition, on the judgment of the Hon'ble Supreme Court in P.T.Rishikesh and another Vs. Salmabegum reported in 1995 (4) SCC 718. In the said judgment, the Hon'ble Supreme Court had examined the effect of the U.P. ... Chandrika and Others reported in (2016) 6 SCC 157 while concluding that the #HL_....
Therefore, the judgment in other cases is not over-ruled. It has in fact been subsequently referred to in Dr.Preeti Srivastava and Anr. V. State of M.P. and Ors., 1999(7) SCC 120, Bharati Vidyapeeth and Ors v. State of Maharashtra and Anr., 2004 (11) SCC 755 and State of Madhya Pradesh and Ors.
Therefore, the judgment in other cases is not over-ruled. It has in fact been subsequently referred to in Dr.Preeti Srivastava and Anr. v. State of M.P. and Ors., 1999(7) SCC 120, Bharati Vidyapeeth and Ors v. State of Maharashtra and Anr., 2004 (11) SCC 755 and State of Madhya Pradesh and Ors.
If a judgment is over-ruled by the higher court, the judicial discipline required that the Judge whole judgment is over-ruled must submit to that judgment. He cannot, in the same proceedings or in collateral proceedings between the same parties, re-write the over-ruled judgment. Even if it was a decision on a pure question of law which came to be over-ruled, it cannot be reiterated in the same proceedings at the subsequent stage by reason of the fact that the judgment of the ....
The judgment in Khetan's case is, therefore, over-ruled. We are, in any event, in agreement with the learned single Judge that the bar of jurisdiction of civil court is not to be readily inferred and that a Court would normally lean in favour of a construction which would uphold the retention of the jurisdiction of a civil court.
Netaji Cricket Club & Ors., reported in (2005) 4 SCC 741. Although the judgment in BCCI vs. Netaji (supra) is not referred to in the majority judgment, it is referred to in the minority judgment (paragraph 208 pg. 728). N. Santosh Hegde, J. who delivered the majority judgment records in paragraph 1 that he had the benefit of reading the minority judgment of Sinha, J. Thus, the majority judgment considered the judgment in BCCI v. Netaji Cricket Club. Nor can it be said that it implied....
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