Skip to main content

Law of case - previous orders passed by same Court or any superior Court binds the subsequent proceedings of the case

In STATE OF KERALA vs K.K. MATHAI, the Kerala High Court explained the Law Of Case.

A civil contractor had two arbitral awards passed in his favour against the Government. The Civil Appeals filed by the Government against the awards were dismissed. In further appeals filed by the Government before the High Court, the appeals were allowed in part, with modification of award. Against the modification made by the High Court, the Contractor moved the Supreme Court. The Supreme Court, set aside the impugned judgments of the High Court holding that they were on
wrongful premises. Further, the appellant contractor was granted “liberty to the appellant to file Review Petitions” before the High Court. Accordingly, the Contractor filed review petitions before the High Court. Another Division Bench which considered the review petitions formed the opinion that review was unnecessary, and posted the appeals for fresh hearing.

Two questions emerge from the above fact situation- When the judgments of the High Court were already set-aside by the Supreme Court, what is the further scope for granting liberty to the appellant-contractor to file review?. Also, when the review was so filed by the contractor, could the Division Bench of the High Court have reopened the concluded appeals for further hearing in the review petition filed by the contractor, especially so when the Court observed that the review was unnecessary.

When appeals thus re-opened came for final hearing before the present Division Bench, the Bench was confronted with the question as to whether the orders passed by the previous Division Bench directing the fresh hearing of appeals will be binding on the matter. It was in that context that the ‘Doctrine of Law of the Case’ was discussed.

By referring to various jurists, the judgment authored by Justice Dama Sheshadri Naidu summarised that the “law of the case”, fetters a later Bench in the same case from taking a contrary stand to that taken earlier by the previous Bench. It was also made clear that this doctrine was different from the law of precedents, as the binding force of precedents is only to the extent of similarity of facts. Whereas, in law of case, the previous orders passed by the same Court or any superior Court in the case, binds the subsequent proceedings of the case. For example, the orders passed in interlocutory applications might bind subsequent proceedings. Or, the directions issued by an appellate Court while remanding a matter might bind the subsequent proceedings at lower Court.

Applying the said doctrine in the instant case would have meant that the Court should hear the appeals afresh. That would have led to an anomalous result, in that it would amount to re-opening the judgments which were totally set-aside by the Supreme Court; the incongruity gets further aggravated when it is seen that such re-opening is being done in the review petition filed by the Contractor, depriving him of the benefit of the Supreme Court judgment. Also, the State, which did not initiate any further proceedings against the judgments of the High Court which partially rejected its
appeal, will get benefited from the re-hearing process at the cost of the contractor.

Article referred: http://www.livelaw.in/kerala-hc-explains-doctrine-law-case-binding-nature-previous-orders-subsequent-stages-case-read-judgment/

Comments

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...