Over 2 lakh Indian cases. Search powered by Google!

Case Details

SHAMSHER SINGH versus BINDHYAVASINI SINGH & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Shamsher Singh v. Bindhyavasini Singh & Others - SPECIAL APPEAL No. 1054 of 2006 [2006] RD-AH 16082 (14 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

   A.F.R.

CJ's Court

Special Appeal No. 1054 of 2006

Shamsher Singh          .....Appellant

versus

Bindhyavasini Singh & others .....Respondents

 *****

Hon'ble Ajoy Nath Ray,CJ.

Hon'ble Ashok Bhushan,J

Although the impugned order before us  dated the 24th of August 2006 is only an interim order, it is set-aside and the appeal is allowed.  The matter is remanded for fresh consideration by his Lordship.

With due respect, the order does not follow an essential salutary principle which should be observed in these circumstances.  Whenever a substantive relief granting or relief  refusing interim order is passed, even if it is intended to  hold  only for a limited period of time, it is essential for the Hon'ble Single Judge to give  short and intelligible reasons as to why his Lordship felt persuaded, prima facie,  either to grant the relief or to withhold it, as the case might be.  The expression of the Hon'ble Single Judge's mind  serves at least two important purposes; first, the way his Lordship exercised his discretion, becomes known to the Court of appeal and according to the present state of law where reliefs are granted or withheld in a substantive way, the Court of appeal can almost always be approached.   The second important point is  that the  litigant public, who  are always waiting

and watching in the wings, will never get the  impression that they

have been the victim of an arbitrary or a capricious order passed by an  ordinary Court of law.  

No order as to costs.

Date 14.9.2006

IB


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.