INDER MANI AND ORS. versus MATHEHWARI PRASAD AND ORS.

INDER MANI AND ORS. versus MATHEHWARI PRASAD AND ORS.

It is most improper and inconsistent with judicial discipline for a puisne judge to disregard the directions of the Chief Justice regarding the constitution of benches and to act singly when required to sit in a division bench; such conduct undermines the proper functioning of the High Court.

Parties
Appellants: Inder Mani and ors.; Respondents: Mathehwari Prasad and ors.
Jurisdiction
India
Judgment Date
10 October 1996
Procedural Posture
Civil Appeal / Appeal Against Judgment of Learned Single Judge of Allahabad High Court Dated 22.12.1995 in Civil Misc. Writ Petition No. 7013 of 1980
Outcome
Appeal allowed. Impugned order set aside. Matter remitted to the High Court for decision on merits in accordance with law.
Legal Topics
Judicial Discipline, Constitution of Benches, Role of Chief Justice, Conduct of Puisne Judges
Judicial Administration Judicial Discipline Constitution of Benches Role of Chief Justice Conduct of Puisne Judges

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Parties

Inder Mani and ors.

Appellants

Mathehwari Prasad and ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment of Learned Single Judge of Allahabad High Court Dated 22.12.1995 in Civil Misc. Writ Petition No. 7013 of 1980

Legal Issues

  1. 1 Whether it was proper for the learned Single Judge to disregard the administrative directions of the Chief Justice regarding bench constitution and to hear the writ petition singly

Ratio Decidendi

It is most improper and inconsistent with judicial discipline for a puisne judge to disregard the directions of the Chief Justice regarding the constitution of benches and to act singly when required to sit in a division bench; such conduct undermines the proper functioning of the High Court.

Court Disposition

Appeal allowed. Impugned order set aside. Matter remitted to the High Court for decision on merits in accordance with law.

Orders

  • Impugned ex parte order of the learned Single Judge set aside.
  • Matter to be placed before another learned Single Judge by the Hon'ble Chief Justice.