Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1987 (11) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1987 (11) TMI 385 - SC - Indian Laws

Issues involved: Admission denial based on academic performance criteria, weightage claim, writ petition dismissal after initial allowance, judgment operativeness post pronouncement, judicial power to alter judgments, significance of judgment pronouncement in open court.

Academic Performance Criteria Dispute: Appellant, having secured 54.4% in Bachelor's law examination, sought admission to Master's Course at Banaras Hindu University which required a minimum of 55% average over three years. Claimed weightage due to family donations to the university, citing a precedent. Despite two applications, was denied admission. Writ petition filed, initially allowed by a Division Bench on 28.7.1986 but later dismissed by a different Bench on 23.3.1987.

Judgment Operativeness: Appellant argued that once a judgment is pronounced in open court, it becomes operative and cannot be changed. Cited a case precedent emphasizing the finality of a judgment once pronounced. Highlighted the importance of the formal pronouncement of a judgment in open court as the decisive judicial act.

Judicial Power to Alter Judgments: Court acknowledged the power to alter or modify a judgment that has been pronounced but not signed, cautioning that such power should be exercised judiciously and with valid reasons. Emphasized that parties rely on the judgment pronounced in court as the final decision, with signing considered a formality.

Significance of Judgment Pronouncement: Stressed the importance of considering the pronouncement of a judgment in court as the conclusive act, with the judgment becoming operative upon delivery in open court. Exceptions exist where new facts emerge post-pronouncement or if a feature necessitates further consideration.

Final Decision: With no material indicating why the initial judgment was not signed, the court held the writ petition as disposed of on 28.7.1986, rendering the subsequent dismissal invalid. Directed the university to admit the appellant to the Master's Course in Law for the current session, considering the changed course structure. The appeal was allowed with no costs imposed.

 

 

 

 

Quick Updates:Latest Updates