TIRUPATI BALAJI DEVELOPERS PVT. LTD. AND ORS. versus STTE OF BIHAR AND ORS.

TIRUPATI BALAJI DEVELOPERS PVT. LTD. AND ORS. versus STTE OF BIHAR AND ORS.

In exercise of its appellate jurisdiction, the Supreme Court may direct communication to High Court to ascertain facts and secure compliance with its orders. Such communication is not derogatory to the High Court, nor does it reduce its status or require it to respond as a litigant. Adverse and derogatory observations made by the High Court against the Supreme Court in its order must be expunged to maintain dignity and proper judicial conduct. Both institutions must act with mutual respect, grace, and courtesy within constitutional framework.

Parties
Petitioner: Tirupati Balaji Developers Pvt. Ltd. and Ors.; Respondent: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
21 April 2004
Procedural Posture
Special Leave Petition (slp) Under Article 136 / Final Disposition by Supreme Court
Outcome
Petition disposed of
Legal Topics
Relationship Between Supreme Court and High Courts, Appellate Jurisdiction, Court of Record, Expunction of Adverse Remarks
Constitutional Law Civil Procedure Relationship Between Supreme Court and High Courts Appellate Jurisdiction Court of Record Expunction of Adverse Remarks

Case Brief

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Parties

Tirupati Balaji Developers Pvt. Ltd. and Ors.

Petitioner

State of Bihar and Ors.

Respondent

Procedural Posture

Special Leave Petition (slp) Under Article 136 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether Supreme Court may direct a communication to High Court for factual information under appellate jurisdiction
  2. 2 Propriety of observations made by the Division Bench of the High Court in law and judicial conduct
  3. 3 Whether High Court may direct Registrar General of Supreme Court to place communication before a particular bench

Ratio Decidendi

In exercise of its appellate jurisdiction, the Supreme Court may direct communication to High Court to ascertain facts and secure compliance with its orders. Such communication is not derogatory to the High Court, nor does it reduce its status or require it to respond as a litigant. Adverse and derogatory observations made by the High Court against the Supreme Court in its order must be expunged to maintain dignity and proper judicial conduct. Both institutions must act with mutual respect, grace, and courtesy within constitutional framework.

Court Disposition

Petition disposed of

Orders

  • All derogatory passages and observations made by High Court against Supreme Court in impugned order dated 3.12.2003 are to be expunged and scored out.
  • Compliance to be reported by Registrar General of High Court to Registrar General of Supreme Court.