Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • The Supreme Court has overturned an "utterly incomprehensible" Himachal Pradesh High Court decision because it did not understand the basis for the decision.
  • "The High Court's decision is completely incomprehensible. The reasons on which the High Court proceeded to allow the petitions and set aside the reassessment cannot be discerned from the judgments," a Bench led by Justice DY Chandrachud said while setting aside the High Court's impugned judgement.
  • The Bench, which also included Justice Sudhanshu Dhulia, remanded the three petitions to the Himachal Pradesh High Court for reconsideration. "All of the parties rights and contentions are preserved," it stated in its August 1 order.
  • On November 27, 2020, a Division Bench of the Himachal Pradesh High Court issued an "utterly incomprehensible" judgement, allowing writ petitions filed by Himachal Aluminium and Conductors challenging the validity of reassessment orders issued by the state of Himachal Pradesh. 
  • The reassessment had been overturned by the High Court. However, when the top court heard an appeal filed by the state against the high court's judgement, it failed to understand the reasons why the High Court allowed the petitions and set aside the reassessment.
  • This is not the first time the Supreme Court has encountered such a problem with a high court verdict. It had taken exception to a high court verdict in January of this year after failing to understand the language used by it.
  • "Is this written in Latin?" "We may have to send it back to the High Court to be rewritten," said a Bench led by Justice KM Joseph. "We can't understand a word," senior advocate Nidhesh Gupta agreed with Justice Joseph.
  • In 2017, the Supreme Court was forced to overturn a Himachal Pradesh High Court verdict due to the inability to comprehend it due to poor language quality in a tenant-landlord dispute. The English language used in the high court's verdict was of such poor quality that even the lawyers representing both parties were unable to understand it or assist the judges in understanding it.


 

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