Legal Reference Library

The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest. A bench comprising Justice CT Ravikumar and Justice KP Jyothindranath held that while referring the case to the division bench, rights of parties or any other questions of law involved therein could not be the decided under the order of reference. Such a decision in the order of reference is not binding on the parties and the division bench can consider the entire matter, the bench held, referring to the decision of a full bench in Babu Premarajan v. Supdt. of Police [2000 (3) KLT 177] (F.B.)]. The bench observed this while considering a bunch of reference from single bench arising out of criminal revision petitions filed by convicts who faced prosecution and criminal miscellaneous cases filed by the accused who are facing prosecution, for offences unde...

Patna High Court has held that Division Bench of a High Court cannot exercise its power of superintendence, under Article 227 of the Constitution of India, against an order made, in a suit, by a Single Bench of the High Court. Division Bench comprising of Acting Chief Justice I.A. Ansari and Justice Chakradhari Sharan Singh observed that single Judge or a single Bench of a High Court is not a court subordinate to the Division Bench of the High Court. IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.718 of 2016 =========================================================== ANIL KUMAR SHRIVASTAVA, SON OF LATE CHITRANJAN SAHAY VERMA, RESIDENT OF MOHALLA HARI SABHA CHOWK, P.S. – MITHANPURA, DISTRICT MUZAFFARPUR .... .... PETITIONER VERSUS 1. SHAURYA SUNIL, S/O SUNIL KUMAR, RESIDENT OF MOHALLA – HARI SABHA CHOWK, P.S. MITHANPURA, DISTRICT MUZAFFARPUR CORAM: HONOURABLE THE ACTING CHIEF JUSTICE AND HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH CAV JUD...