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2017 (7) TMI 1385 - HC - Indian LawsValidity of Supreme Court's direction - whether ambiguous or incongruent and decide a different course of adjudication? - Does not propriety demand this Court to advise either party to approach the Supreme Court and seek clarification if this Court has perceived any ambiguity in the direction, or if it has felt the order to be inherently contradictory - HELD THAT - There are two options. First, putting an indeterminate interpretative spin on the Supreme Court's Order; then, we should either hear the review petitions already closed by another coordinate Bench, or hear the appeals afresh as directed by the coordinate Bench. This, again, amounts to our ignoring the Supreme Court's Order. In our respectful view, neither is permissible, for it breaches Article 141 of the Constitution - Second, we should disregard the coordinate Bench's direction issued on 24.11.2010, reopen the review petition, and proceed further. But this course contradicts the common-law doctrine law of the case. Indeed, as we have already observed the law-of-the-case doctrine is not iron clad. Applying the doctrine and sustaining the order, dt. 24.11.2010, we reckon, will amount to this Court's clarifying-rather than interpreting-the Supreme Court's judgment. And it is inadvisable, nay impermissible. This Court cannot ignore the Supreme Court's express direction or observation on the supposed ground that it is either ambiguous or incongruent and decide a different course of adjudication - propriety demands this Court to advise either party to approach the Supreme Court and seek clarification if this Court has perceived any ambiguity in the direction, or if it has felt the order to be inherently contradictory - this Bench ignore a judicial directive-procedural though-of a coordinate Bench and take a different view ignoring the law-of-the-case principle to prevent miscarriage of justice.
Issues Involved:
1. Can the High Court ignore the Supreme Court's express direction or observation on the supposed ground that it is either ambiguous or incongruent and decide a different course of adjudication? 2. Does propriety demand the High Court to advise either party to approach the Supreme Court and seek clarification if any ambiguity or inherent contradiction is perceived in the Supreme Court's direction? 3. Can a High Court Bench ignore a judicial directive of a coordinate Bench and take a different view, ignoring the law-of-the-case principle? Issue-wise Detailed Analysis: 1. Ignoring Supreme Court's Express Direction: The High Court examined whether it could ignore the Supreme Court's express direction or observation on the grounds of ambiguity or incongruence and decide a different course of adjudication. The Supreme Court had set aside the High Court's judgments and allowed the appellant to file review petitions. The High Court concluded that it could not ignore the Supreme Court's directive as it would breach Article 141 of the Constitution, which mandates the binding nature of the Supreme Court's judgments on all courts within India. 2. Advising Parties to Seek Clarification from the Supreme Court: The High Court considered whether propriety demanded it to advise either party to approach the Supreme Court for clarification if the direction was perceived as ambiguous or contradictory. The Court concluded that it should indeed advise the parties to seek clarification from the Supreme Court. This conclusion was based on the principle that the Supreme Court, having issued the order, is best positioned to clarify its intent and resolve any ambiguities. 3. Ignoring Judicial Directive of a Coordinate Bench: The High Court deliberated on whether it could ignore a judicial directive of a coordinate Bench and take a different view, contrary to the law-of-the-case principle. The law-of-the-case doctrine generally binds a court to its earlier ruling in the same case unless an intervening ruling by a higher court changes the situation. The High Court acknowledged that while this doctrine is not iron-clad and allows for exceptions to prevent miscarriage of justice, it decided not to deviate from the directive of the coordinate Bench. Instead, it emphasized the need for disciplined self-consistency and adherence to judicial directives to maintain legal stability and predictability. Discussion on Law-of-the-Case Doctrine: The High Court extensively discussed the law-of-the-case doctrine, which holds that a decision rendered in a former appeal of a case is binding in a later appeal of the same case. This doctrine ensures consistency and prevents re-litigation of matters already decided. The Court highlighted that this doctrine is different from res judicata and stare decisis, focusing more on the consistency of judicial decisions within the same case. The High Court also noted that while the doctrine allows for exceptions, such as new evidence or changes in controlling legal authority, these exceptions should be applied judiciously to avoid undermining the principle's purpose. Conclusion: The High Court concluded that it could not ignore the Supreme Court's directive and must advise the parties to seek clarification from the Supreme Court. It also decided not to deviate from the coordinate Bench's directive, adhering to the law-of-the-case doctrine. The Court emphasized the importance of maintaining judicial consistency and propriety, ultimately directing the parties to approach the Supreme Court for clarification of its order. Answers to the Issues: 1. Can this Court ignore the Supreme Court's express direction or observation on the supposed ground that it is either ambiguous or incongruent and decide a different course of adjudication? - Ans: No. 2. Does not propriety demand this Court to advise either party to approach the Supreme Court and seek clarification if this Court has perceived any ambiguity in the direction, or if it has felt the order to be inherently contradictory? - Ans: Yes, it does. 3. Can this Bench ignore a judicial directive-procedural though-of a coordinate Bench and take a different view ignoring the law-of-the-case principle? - Ans: Yes, it can-to prevent miscarriage of justice. Tailpiece: The High Court decided to refrain from adjudicating the merits of the case and instead directed the parties to seek clarification from the Supreme Court. The Court appreciated the meticulous preparation and presentation by the amicus curiae in assisting the Court. No order on costs was made.
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