Back
SUPREME COURT OF INDIA
(Orissa High Court)
K. Jagannatha Shetty, R.M. Sahai, Yogeshwar Dayal
STATE OF ORISSA AND OTHERS, PETITIONERS;
VERSUS
BHAGABAN SARANGI AND OTHERS, RESPONDENTS.
SLP (Civil) No. 2129 of 1991,
decided on October 1, 1991.
Tribunal - Binding nature of High Court decision - The Tribunal is bound by the decision of the High Court of the State
Fact of the Case:
The Tribunal stated it was not prepared to accept the judgment of the Orissa High Court in a specific case
Finding of the Court:
The Court found that the Tribunal is bound by the decision of the High Court of the State and should not side-track or bypass it. However, on the merits of the matter, the Court did not find any case for interference and dismissed the special leave petition.
Issues: Interpretation of the binding nature of the High Court decision on the Tribunal
Ratio Decidendi: The Tribunal is bound by the decision of the High Court of the State and should not side-track or bypass it
Final Decision: The special leave petition was dismissed
ORDER
1. In our opinion, it is not correct for the Tribunal to have stated that they are not prepared to accept the judgment of the Orissa High Court in Kunja Behari Rath v. State of Orissa. We make it clear that the Tribunal in this case is nonetheless a Tribunal and it is bound by the decision of the High Court of the State. It is incorrect to side-tract or bypass the decision of the High Court.
2. However, on the merits of the matter, we do not think that there is any case for interference. The order of the Tribunal appears to be just. We accordingly dismiss the special leave petition.
Court Masters
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
