M/S. SPENCER AND CO. LTD. AND ANR. versus M/S. VISHWA DARSHAN DISTRIBUTORS PVT. LTD. AND ORS.

M/S. SPENCER AND CO. LTD. AND ANR. versus M/S. VISHWA DARSHAN DISTRIBUTORS PVT. LTD. AND ORS.

High Courts are constitutionally obliged to act in aid of the Supreme Court and comply with its directions, even when expressed as requests; deliberate refusal to comply constitutes serious obstruction to judicial discipline and the Supreme Court's role.

Parties
Petitioner: Spencer and Co., Ltd.; Petitioner: Spencer and Co., Ltd. (second defendant); Respondent: Vishwa Darshan Distributors Pvt. Ltd.; Respondent: Unknown respondent parties
Jurisdiction
India
Judgment Date
06 December 1994
Procedural Posture
Special Leave Petition (civil) / Order on Interim Matters; Post High Court Early Hearing Application Rejection
Outcome
Order of the High Court rejecting early hearing application set aside; High Court directed to dispose of appeals expeditiously.
Legal Topics
Relationship Between Supreme Court and High Courts, Obligation to Comply With Supreme Court Directions, Enforcement of Orders, Judicial Discipline
Constitutional Law Contempt of Court Relationship Between Supreme Court and High Courts Obligation to Comply With Supreme Court Directions Enforcement of Orders Judicial Discipline

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Parties

Spencer and Co., Ltd.

Petitioner

Spencer and Co., Ltd. (second defendant)

Petitioner

Vishwa Darshan Distributors Pvt. Ltd.

Respondent

Unknown respondent parties

Respondent

Procedural Posture

Special Leave Petition (civil) / Order on Interim Matters; Post High Court Early Hearing Application Rejection

Legal Issues

  1. 1 Whether High Court is obliged to comply with Supreme Court directions couched in terms of a request
  2. 2 Whether refusal by the High Court to act on Supreme Court's order constitutes deliberate obstruction

Ratio Decidendi

High Courts are constitutionally obliged to act in aid of the Supreme Court and comply with its directions, even when expressed as requests; deliberate refusal to comply constitutes serious obstruction to judicial discipline and the Supreme Court's role.

Court Disposition

Order of the High Court rejecting early hearing application set aside; High Court directed to dispose of appeals expeditiously.

Orders

  • Order of the High Court dated August 18, 1994 upturned.
  • High Court directed to dispose O.S.A. Nos. 69-73 of 1993 within one month from communication of Supreme Court's order.