Skip to main content

Trial Courts competent to decide on question of law having no prior judicial precedent

Cause Title : Om Prakash vs The Delhi Pinjrapole Society (Rego.), CM(M) 864/2022 & CM APPL.37131/2022, CM APPL.37132/2022, High Court Of Delhi At New Delhi

Date of Judgment/Order : 26.08.2022

Corum : Hon'ble Mr. Justice C. Hari Shankar

Citied: 

State of Maharashtra v. Sarva Shramik Sangh, Sangli
M/s. Suvinys Developers Pvt. Ltd. v. M/s. Verma Beauty Parlor and Hair Dressers
Bangalore Water Supply and Sewerage Board v. A. Rajappa, (1978) 2 SCC 213
State of Orissa v. Dandasi Sahu

Background

The appeal was filed by the Petitioner challenging the decision of the learned Principal District & Sessions Judge (the learned Pr. DSJ) rejecting the appeal of the Petitioner adjourn RCT 77/2018 (Om Prakash v. The Delhi Pinjrapole Society), till the Division Bench of this Court adjudicated on the questions of law referred to it by a learned Single Judge in a batch of Rent Control Revision Petitions headed by K.S. Bhandari v. International Security Printers Pvt. Ltd.

The Single judge bench of the Delhi High Court had referred the question of whether a public charitable trust carrying on public activities qualifies as a ―public institution for the purposes of Section 222 of the Delhi Rent Control Act, 1958, to the Division Bench.

The Petitioner was of the view that District Courts are competent only to decide questions of law for which prior authoritative precedents in the form of decisions of High Courts or the Supreme Court exist. 

Judgment

The Hon'ble Court held that the submission is completely misconceived in law.

There is no proscription whatsoever on a Trial Court taking a decision on any question that arises before it whether of fact or of law, irrespective of whether there exists, or does not exist, a prior precedent on the issue or there does not exist a precedent on the issue. Trial Courts are wholly competent to decide all questions of fact and law which may arise before them. Many such questions may be res integra, previously undecided by any superior court. The ld. Trial Court is well within its authority to decide all such issues and, possibly, even be the first judicial authority to take a view on the subject.

There is no principle of law which requires the existence of a prior judicial precedent on a question of law before a ld. Trial Court takes a view on the said issue. If there is any binding judicial precedent, of course, the ld. Trial Court would be bound to follow it unless the ld. Trial Court deems the precedent to be distinguishable for reasons which it would be required to elucidate. As such, even if the precise question of law that arises before the ld. Trial Court stands referred to the Division Bench of this Court, there is no embargo whatsoever on the learned Pr. DSJ taking a view on the issue. Qua the present case, there is no embargo whatsoever on the learned Pr. DSJ taking a view on whether a public charitable trust carrying on public activities qualifies as a ―public institution under Section 222 of the DRC Act, even while that question stands referred to a Division Bench in K.S. Bhandari.

Comments

Post a Comment

Most viewed this month

Merits and the terms of contract are irrelevant for invoking of the bank guarantees

In Sabarkantha Annuity Pvt. Ltd. Vs. NHAI and Ors, the Petitioner filed before the Delhi High Court  petition under Section 9 of the Arbitration and Conciliation (Amendment) Act, 2015 with a prayer that, Respondents be restrained from acting upon the letter dated 15th September, 2017 or from invoking the Bid securities of the Petitioner to the tune of Rs. 10.93 Crores and also restraining the banks from honouring the invocation of said bank guarantees on behalf of Respondent No. 1 acting in terms of letter dated 3rd November, 2007. Petitioner has relied upon Clauses Nos. 9.1.1, 9.1.2 and 4.3 of the agreement dated 28th April, 2017 entered into between the parties to say the claim for damages since is not a claim for a sum presently due and payable and the respondent would be entitled to damages only on proof of loss, per Clause 4.3 of the agreement and hence is not entitle to the entire sum of bid security.  The Court found that Clause No. 9.1.2 speaks of an exclusiv...
Post a Comment
Read more

Right of pre-emption under West Bengal Land Reform Act

In Rabindra Nath Kundu & Anr vs Sudhir Hira, Bijoy Krishna Hira being the owner in the suit plot, gifted to Santosh Kumar Hira demarcated 11 decimals of land vide deed of gift dated 27.4.2004 and the latter sold 9 decimals out of 11 decimals of land to Sudhir Hira the preemptor/opposite party no. 1 and well demarcated 1.65 decimals of land in the said plot along with several other plots were sold, transferred and conveyed to the preemptees/petitioners herein by a registered deed of sale dated 10.8.2010, the subject matter of preemption. It is argued on behalf of the preemptees that  the present opposite party no. 1/preemptor Sudhir Hira has no relationship of co-sharership with Santosh Kumar Hira opposite party no. 2 as the demarcated portion of land has been purchased. It is settled principle of law that partial preemption is not permissible and this was what the view adopted by this Hon'ble High Court is Surendra Vs. Abhimannu reported in (1980) 1 Cal LJ 135 whe...
Post a Comment
Read more

CBI has no jurisdiction to probe affairs of medical college:HC

The Madras High Court has quashed charges against administrators of a medical college and dismissed CBI's petitions opposing discharge of officials of two other medical colleges, saying the investigation agency, or any other external agency for that matter, has no jurisdiction to probe the affairs of a medical college. Quashing the charges against the administrators of a medical college and dismissing CBI's petitions opposing the discharge of officials of two other medical colleges, Justice Aruna Jagadeesan said "contravention of rules and regulations may be an offence against the statute but is not a crime. There is no room or jurisdiction for any external agency to investigate the affairs of any medical institution coming within the purview of the Medical Council of India." In identical set of orders, all delivered on August 6, Justice Jagadeesan said "the shortfall in faculties and submissions of fake/forged documents would only disentitle the institution...
Post a Comment
Read more