SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1979 Supreme(SC) 477

D.A.DESAI, O.CHHINNAPPA REDDY, R.S.SARKARIA
State Of Bihar: R. P. Singh – Appellant
Versus
J. A. C. Saldanha – Respondent


Advocates:
A.K.SEN GUPTA, B.P.SINGH, BASUDEV PRASAD, J.B.DADACHAN, J.S.SINHA, K.J.JOHN, LAL NARAIN SINHA, M.P.Jha, N.C.GANGULY, P.P.JOHN, PRABHA SHANKAR MISHRA, PRABHA SHANKER MISHRA, R.K.JAIN, R.P.SINGH PAL, RAM A.PRASAD, S.B.BANYAL, S.SWAROOP, Udaipratap Singh, Y.S.Chitale

JUDGMENT

D. A. DESAI, J.:—Reverence and anxiety to the same degree, if not more, to shoot at sight even a remote intrusion into the field preserved for judiciary must inform the judicial approach whenever assistance of the judicial machinery is sought for an unwarranted encroachment into the field of activity reserved for the other branch of Government, more so, when extraordinary power conferred on the High Court to issue prerogative writ in aid of justice is invoked to thwart a possible detection of a suspected offence. How dangerous it is to rush in where one should be wary to tread is amply demonstrated by the facts revealed in these two appeals.

2. Factual matrix will highlight the situation. Though the point canvassed centres round the limit of jurisdiction to interfere with the investigation of an offence registered at a police station, to pin-point the contention, relevant facts may be stated with circumspection, as the case is sub judice because any overt or covert expression of opinion on the facts in controversy awaiting adjudication may be censured as judicial impropriety.

3. Tata Iron Steel Co. Ltd., (TISCO for short), has a railway siding at Adityapur in Tatanagar. A Fe













































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top