In a civil suit filed and pending before TC, the Plaintiff filed Application for interim stay - rejected by TC and upheld by District Court in Appeal which was substituted by HC in Writ Petition while vacating the stay, granted by District Court and directed TC to pass a particular order in favour of Plaintiff, if he is entitled for the relief claimed by him in his suit. It is pertinent to note that, The order of the HC is exactly opposite to the prayers, prayed in Plaint. According to the decision of SC given in Criminal Appeal on 14 December, 2017 in the matter of " Madan Mohan vs The State Of Rajasthan" His Lordship Mr. A M Sapre. J. held following : "17) No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order on any application filed by any party. The judicial independence of every Court in passing the orders in cases is well settled. It cannot be interfered with by any Court including superior Court". Regarding above judgment, I asked my advocate but he says that judgment passed in criminal matters can not be used in civil matters, hence this Question is presented before this forum. My Question is as below : Whether A Judgment given by Superior Court in Criminal Proceeding, can be used in Civil Proceedings ? If not then any of you, can provide similar citations passed in Civil Proceeding, which can be used in my Civil case ? Whether such provision itself is available in Civil Procedure Code or any act /law, which highlights that Superior Courts can not overrule the Jurisdiction of Subordinate Courts ?. Regards and Thanks.
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It can be used because the above rule talks about only for delegations power of its subordinates and nothing about CPC or CrPC.
If you could elaborate your case facts and issues specifically and clearly so we can come to conclusions exactly which sections and act of laws will be applicable.
1. any judgment of a court, be it passed in a criminal or civil matter, is always to be read and interpreted in the FACTS OF THE CASE with which the court was seized of
2. a judgment always has to be read in context and in its entirety and certain portions from a judgment cannot be cherry picked in order to substantiate some point in a pending matter
3. as far as i remember in your matter, the HC in the writ petition filed by the builder and brother, had merely directed the trial court that it can look into the reserved flat in the new building for granting any reliefs to the Plaintiff
4. that would not mean that the direction given in the HC order is contrary to the prayers sought in the plaint
5. the HC has only said that the trial court can, if its appropriate considering the circumstances prevailing at the time of passing final judgment, can look into the reserved flat [undertaken by builder to be reserved in the new building for the benefit of the Plaintiff] for the purposes of the reliefs sought by the Plaintiff
6. if you do not want that reserved flat and you wish to press only for the prayers sought in the plaint - that is partition and separate possession - then you have the remedy of filing statutory appeal before the first appellate court and second appellate court and if the appeal courts too reject your appeals, you have the remedy of filing a SLP in SC
7. So it is not that you have been rendered completely remediless by the order of the HC. The HC has simply directed the TC to consider the reserved flat for benefit of Plaintiff. It is a mere direction which is not mandatory!
8. It seems you have formed a set opinion and belief regarding the HC order which you are not willing to dislodge and therefore making your advocate dance on your fingertips by requiring him to file unnecessary applications.
9. I strongly suggest that if you do not want to approach the SC to challenge the HC order in writ petition and also in your review petition then you must consult some senior counsel who can explain the exact import of the HC order to you
The principle enunciated by the supreme court is applicable to all matters whther civil or criminal. Your lawyer is not able to understand.
Regards
Awesome.
Thanks.
Hi, Though the Judgement is passed in the Criminal Proceedings but the principal laid down by the Supreme Court is binding to all the Courts, it include Civil and Criminal Proceedings. So you can refer the Judgement to your case.
Judgments given in criminal cases cannot be used in civil cases
2) trial court in civil cases has to pass orders based on merits of case
the para 17 of the said judgment is general guideline for all courts including SC hence why the said para will not be applicable to courts under civil jurisdictions. Few Advocates are saying it will be applicable as it is settled law that superior courts neither overrule the jurisdiction or can not taken away the power of issuing judgment in particular matter of all subordinate courts. superior courts only can set aside /or upheld or substitute the judgment issued by subordinate courts, if appeal is preferred by aggrieved party.
Subordinate courts have to pass judgment on the merits of case
superior court cannot take away power of trial court to pass orders
in appeal order can be set aside
See the principle of this case can be used in your case as this is respect to the writ jurisdiction of the Higher court it is not about the Civil or criminal matter it is about the observation of the SC that the Higher court cannot take away the independence of the lower court, and cannot take away there power to apply mind.
The aggrieved party can challenge the high court order before the SC court to seek the relief.
It can be only used if the ratio of the application and facts of the case are similar. The superior Court can overrule the decision of the lower court on ground of erroneous order or gross miscarriage of justice.Only because there is another opinion to the said order of TC the superior Court can't overrule the same.
High court cannot direct subordinate court to pass particular orders.
Still the observation will prevail on all proceeding. Above judgement was passed in bail matter. Court can only direct to dispose particular matter on merit or in time bound manner but cannot decide what the lower court have to order.
Also, HC cannot remand back to TC to decide issue which prayed before HC, if not prayed by parties.
RULE OF LAW IS COMMON.
And in one rent control matter too which is civil in nature SC ruled same and slammed HC.
No the precedents of Criminal courts will not be applicable to cases of civil court.
The guidelines setup by SC in criminal Judgement will be applicable to Criminal cases only.
You can select phone consultation in that you will get email id too.
- Supreme Court gives its version on the question of law-keeping in view of the merits of the matter.
- You can very well use the citation however keep in view that the merit must be the same. You can not use murder case merit to a property matter
- Best way to consult with any senior counsel locally with all details along with your case file to have his/her view.
Regards
Vivek Arya
As per article 141 of the constitution of India judgements of the supreme court are law and are enforceable within the territory of India.
It can very well be used for civil matter also especially if this relevant to your case because this is general in nature.
You can refer to:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 5360 of 2019
@Special Leave Petition (C) No 26508 of 2018
Surinder Pal Soni .... Appellant
Versus
Sohan Lal (D) Thru LRs ....Respondents
You can proceed using the said citation in your favor, let the court decide about it.