03 September 2020

Discarding a case law of other high court is against judicial discipline and propriety and amounts to disrespect

Before departing, it is inevitable to make mention that, the learned A.P.P. while making the arguments before the learned Trial Judge cited the Ruling of Kerala High Court in the case of Food Inspector vs James, (reported in Prevention of Food Adulteration Cases) at 1998 (1) P.320, and while discussing the observations made in the said Ruling, the learned Trial Judge has observed in para no.31 of the impugned judgment that :
"With great respect, I do not agree with the 'view taken' and observations made by Their Lordships in the above case law. Moreover, the said case law is admittedly of Kerala High Court and the same is not binding on this court."[Para No.42]

    Moreover, while making submissions before the learned trial Judge, learned A.P.P. also cited Ruling in the case of Rambhai vs State of Madhya Pradesh (Reported in Prevention of Food Adulteration Cases) at 1991 (1) P. 6, as stated in para 34 of the impugned judgment, but the learned Trial Judge, after considering the said ratio laid down in the said Ruling, observed in para no.35 of the impugned judgment that :
"After going through the observations made by Their Lordships in the above case law, I am of the opinion that though the Ruling is applicable to the present case, however, according to me, with great respect the view taken in the observations of the Ruling is not correct."[Para No.43]

Discarding a case law of other high court is against judicial discipline and propriety
    It manifestly appears from the text and tenor of the observations made by the learned Trial Judge in para nos. 31 and 35 of the impugned judgment that same do not conform with the judicial discipline and propriety, and apparently amount to disrespect, and therefore, the Registrar General is directed to take suitable action against the concerned Judge, if he is in Judicial Service.[Para No.44]

Bombay High Court

The Maharashtra Government
Vs.
Rajaram Digamber Padamwar

 2011 (4) AIR Bom R 238
2011 AllMR (Cri) 1825





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