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1960 Supreme(All) 58

RAGHUBAR DAYAL, A. P. SRIVASTAVA, O. H. MOOTHAM
STANDARD GLASS BEADS FACTORY – Appellant
Versus
SHRI DHAR – Respondent


Advocates Appeared:
AMBIKA PRASAD, D.P.AGRAWAL, HARI SVARUP, JAGDISH SVARUP, S.S.Chandvaria

MOOTHAM, CJ.

( 1 ) THE question which has been referred to this Bench is whether an order of a learned Judge of this Court dismissing an appeal against an order granting a temporary injunction is a judgment within the meaning of Clause 10 of the Letters Patent.

( 2 ) THE meaning which should be given to the word judgment in Clause 10 of the Letters Patent of this Court and in the corresponding Clauses of the Letters Patent of the other High Courts has engaged the minds of Judges for close on a hundred years, and has given rise to a divergence of opinion which can now only be resolved by the Supreme Court. The question has been considered in a very large number of cases many of which have been referred to in the judgment of my brother Srivastava. Basically there are three views as to what constitutes a judgment. A decision according to one view will amount to a judgment if it determines some right or liability affecting the merits of the dispute between the parties; according to the second, the essential requirement, is that it puts an end to the proceedings so far as the Court in which those proceedings are pending is concerned; and, according to the third view, a judgment means a































































































































































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