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Issues involved: Consolidation of appeals, Judgment per incuriam, Binding precedent, Costs
Consolidation of appeals: The Supreme Court heard four appeals which were identical in nature, and the appellants requested that one appeal be disposed of first, followed by the others. The appellants argued that a previous judgment did not bind them, allowing them to argue on the merits. However, the Court considered the background facts and the jurisdiction of the civil court in land reform litigation, ultimately deciding that the appeals must fail. Judgment per incuriam: The appellants had initially requested the consolidation of all four appeals, stating that the issues were common to all. The Court granted this request based on the representation that the points in all appeals were identical. The appellants later attempted to shift their stance by claiming that the earlier judgment was rendered per incuriam, but the Court rejected this argument, emphasizing the importance of consistency in legal rulings. Binding precedent: The Court highlighted the principle that a decision once rendered must bind like cases, especially when the facts and law are indistinguishably identical. The appellants cited cases to support their argument that judgments per incuriam do not bind parties, but the Court emphasized that such exceptions are limited and must involve a glaring omission, which was not the case here. Costs: The appellants requested that parties bear their costs in the Court, which was accepted by the Court, and the appeal was ultimately dismissed.
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