1980 (8) TMI 217 - HC - Indian Laws

Subsequent SC or larger bench decisions aren't errors under Order 47, Rule 1 CPC; ignoring SC decisions is.

The court held that a subsequent decision by the SC or a larger bench does not constitute a mistake or error apparent on the face of the record under ... - 1. ISSUES PRESENTED and CONSIDEREDThe judgment primarily addresses the following legal questions:Whether a subsequent decision by the Supreme Court or a larger bench of the same court, taking a different or contrary view on a point covered by an earlier judgment, constitutes a mistake or error apparent on the face of the record under Order 47, Rule 1 of the Civil Procedure Code (CPC).Whether the failure of a court to consider an existing decision of the Supreme Court or a High Court that takes a different or contrary view on a point covered by its judgment amounts to a mistake or error apparent on the face of the record.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Subsequent Decision by a Superior CourtRelevant Legal Framework and Precedents: The legal framework involves Order 47, Rule 1 of the CPC, which provides grounds for review, including an error apparent on the face of the record. The explanation added by Act 104 of 1976 to Rule 1 clarifies that a subsequent decision by a superior court shall not be a ground for review.Court's Interpretation and Reasoning: The court reasoned that a judgment that was correct when made does not become erroneous due to a subsequent decision by a superior court. The purpose of review is to correct an error apparent at the time the judgment was given, not due to later developments.Key Evidence and Findings: The court cited several precedents, including Lord Davey's statement in Rajah Kotagiri Venkata Subbamma Rao v. Rajah Vellanki Venkatrama Rao, and the Supreme Court's decision in Raja Shaturanjit v. Mohammad Azmat Azim Khan, to support its conclusion.Application of Law to Facts: The court applied the principle that a subsequent decision does not create an error apparent on the face of the record, as the error was not present when the original judgment was rendered.Treatment of Competing Arguments: The court rejected the argument that a subsequent decision by the Supreme Court is akin to retrospective legislation, emphasizing that courts are entitled to their interpretation of the law until the Supreme Court declares otherwise.Conclusions: The court concluded that a subsequent decision by the Supreme Court or a larger bench does not constitute a mistake or error apparent on the face of the record.Issue 2: Failure to Consider Existing DecisionsRelevant Legal Framework and Precedents: The framework involves the application of Article 141 of the Constitution, which mandates that the law declared by the Supreme Court is binding on all courts. The court also referenced various precedents regarding the failure to consider existing decisions.Court's Interpretation and Reasoning: The court distinguished between the failure to consider a Supreme Court decision and a High Court decision. It held that failure to consider a Supreme Court decision results in not applying the law, constituting an error apparent on the face of the record.Key Evidence and Findings: The court cited decisions such as The Selection Committee for Admission to the Medical and Dental College, Bangalore v. M. P. Nagaraj and Tungabhadra Industries Ltd v. Govt. of Andhra Pradesh to support its reasoning.Application of Law to Facts: The court applied the principle that failure to consider a Supreme Court decision is an error apparent, while failure to consider a High Court decision is merely an erroneous judgment.Treatment of Competing Arguments: The court addressed contrary views, such as those from the Madras High Court, and explained why it disagreed with them, emphasizing the distinction between Supreme Court and High Court decisions.Conclusions: The court concluded that failure to consider a Supreme Court decision constitutes an error apparent, while failure to consider a High Court decision does not.3. SIGNIFICANT HOLDINGSVerbatim Quotes of Crucial Legal Reasoning: 'The law declared by the Supreme Court shall be binding on all courts within the territory of India.' 'A subsequent decision of the Supreme Court or a larger Bench of the same court rendering a decision taking a different or contrary view on a point covered by the said judgment, does not amount to a mistake or error apparent on the face of the record.'Core Principles Established: A subsequent decision by a superior court does not constitute an error apparent on the face of the record. Failure to consider a Supreme Court decision is an error apparent, while failure to consider a High Court decision is not.Final Determinations on Each Issue: The court determined that subsequent decisions by superior courts do not create errors apparent for review purposes. However, failure to consider existing Supreme Court decisions does constitute an error apparent.