Contradictory judgments by different benches -what remedy

This query is : Resolved 
 

(Querist)
03 June 2009

What is the course of legal action for getting natural justice, when contradictory judgments were delivered by two different High court, namely Delhi High Court judgment dated 04-07-2008 and High Court, Chennai dated 30-09-2008 respectively on the very same issue of criminal misappropriation of money to the tune of Rs, 25 lakhs ( BENCH OF THE Delhi High Court Judgment), and for Rs.11,255/- (BENCH OF THE Chennai High Court Judgment, under section 13 (1) (c) of the Prevention of Corruption Act, 1988.

In the above said two judgments, Delhi High has given a very detailed judgment according to the statutory provisions of the relevant under the Central Civil Service Pension Rules, 1972, 80% in favour of the Accused for releasing all the retiral benefits due on the date retirement, EXCEPT UPHOLDING THE PAYMENT OF PROVISIONAL PENSION TILL THE FATE OF THE ACCUSED IN THE CRIMINAL CASE for the alleged misappropriated amount of more than 23 lakhs, read with 34 IPC>

But, the Bench of the Chennai High Court has given the judgment ADVERSELY AGAINST THE ACCUSED BY QUASHING THE CAT order which is very much similar to the Judgment of the Bench of the Delhi High Court dat
ed 04-07-2008.

The further pity in this case is the alleged misappropriation of amount is ONLY
R.11,255/- in which case also, it is pending yet to be proved in the court of law.

What is the legal remedy for the injustice done by the Bench of the High Court, Chennai?








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A. A. JOSEOnline (Expert)
03 June 2009

Dear Thaheer,

First of all it would have been proper for your give either the citations of the judgements of respective High Courts or atleast the factual case details involved in each of these cases. Further, the service regulations alongwith relevant provisions governing the employees should also have been furnished to have proper consideration of the matters.

In any case, prima facie, I am of the personal view that it is for the respective party to move the superior Court,i.e the Hon'ble SC in the instant cases, if they have any grievance against the judgement. Please note that judgements of different High Courts/different Benches of the same High Courts differ in several instances and that is the reasons as to why remedy of appeal to the superior Courts is provided.




Guest (Expert)
03 June 2009

In addition to the reply of Mr. Jose, my submission is that Chennai H.C. is not bound by the judgement of Delhi H.C. The Chennai H.C. is bound by the decisions of Supreme Court and larger bench of its own court. All other judgements have only persuading value. The judgement of other High Court has only persuading value and not binding in nature. If different High Courts are opining differently on the same legal question, the appropriate remedy is to approach the hon'ble Supreme Court.

Uma parameswaran (Expert)
03 June 2009

I am thinking that difference in amount could not take as a face value. Sometimes the facts and circumstance of the cases may be different. You can prefer appeal by highlighting the Delhi High Court judgment.

Manish Singh (Expert)
04 June 2009

one more thing needs to be added that you are bound to obey the orders of the High Cout in the state you are residing or where the jurisdictiction lies as the case may be.

B.B.R.Goud. (Expert)
06 June 2009

as far as the high court concerned, it is the higher court of your state, bound to obey it.
if you are not satisfied on the validity and the contradiction of the judgement, shall not criticise any of the courts, but you can file the legal proceedings in the supreme court, stating and refering those two judgements.



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