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MANMOHAN, DIPANKAR DATTA
Balkar Singh – Appellant
Versus
UT Of Jammu And Kashmir – Respondent
| Table of Content |
|---|
| 1. introduction of the case and judgment details. (Para 1) |
| 2. judicial proceedings must be fair, regardless of procedural errors. (Para 2 , 3) |
| 3. litigants shouldn't suffer due to counsel's mistakes. (Para 4 , 5) |
| 4. remand for fresh consideration of rival claims. (Para 6 , 7 , 8) |
JUDGMENT :
1. Leave granted.
2. We are a little taken aback having read the impugned judgment and order dated 3rd May, 2024 of the relevant Division Bench of the High Court of Jammu & Kashmir and Ladakh High Court disposing of the intra-court appeal LPA No.148 of 2023 in the manner it did. After dismissing the intra-court appeal agreeing with the Single Bench that the writ petition suffered from unexplained delay of 8 (eight) years, the penultimate paragraph refers to an order of the Hon'ble the Chief Justice requiring counsel for the parties to give a list of judgments in advance so that they are placed before the Court without wastage of any time and also records learned counsel for the appellants having referred to certain judgments which were not so informed earlier. Under such circumstances, the concluding paragraph records the refrain exercised by the Division Bench from adverting to those
Judicial orders made without proper jurisdiction are void, emphasizing the Chief Justice's authority in roster determination.
An intra-court appeal is not maintainable against orders of a learned Single Judge under Section 24-C of the Orissa Education Act, 1969, as per the Full Bench ruling prohibiting such appeals post-ame....
Judicial decisions must be timely and reasoned to maintain the integrity of the judiciary and ensure that justice is not only done but seen to be done.
Intra court appeals under Clause X of the Letters Patent are not maintainable against interim orders that do not finally decide any issues in controversy.
A reasoned judgment is a fundamental requirement of law, ensuring transparency and the ability to challenge judicial decisions effectively.
The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.
Judicial decisions must be reasoned to uphold the rule of law and ensure transparency in the legal process.
Delay and laches bar relief in writ jurisdiction as per established legal principles.
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