38.6c New Delhi, India, Tuesday, May 21, 2024
Judiciary

Avoid Shortcut Approach in Judgements; Courts Must Adjudicate All Issues: Supreme Court

By Shilpa Mathew      24 March, 2022 02:54 PM      0 Comments
Avoid Shortcut Approach in Judgements Supreme Court

It was observed by the Supreme Court that the courts must adjudicate on all the issues raised in a case and also render findings as well as judgements on all the issues involved.

It was also observed by Justice MR Shah and Justice BV Nagarathna that adopting a shortcut while pronouncing the judgement on only one issue, the burden on the appellate court and in many cases if the decision is based on the issue which was decided and is found to be erroneous, the appellate court would not have any other option but remand the matter for its fresh decision.

 In Agricultural Produce Marketing Committee Bangalore v. State of Karnataka, the following issues were raised in a writ petition which challenged the land acquisitions:

1) Whether the disposal of these petitioners should be deferred pending adjudication and determination by the Land Tribunal, Bangalore North Taluk of the excess holdings or otherwise under the provisions of the Karnataka Land Reforms Act, 1961 of the very lands which are the subject matter herein.

2) Whether the possession of a portion of the lands in question having said to have been given to APMC can be said to be valid and in accordance with law.

3) Whether the invocation of Section 17 of the LA Act in the acquisition of a portion of the lands for the same purpose was justified.

4) Whether the acquiring authority could keep abeyance the mandate to pay or deposit the compensation amount pending disposal of the proceedings begore the Land Tribunal in respect of the lands.

5) Whether the acquisition proceedings have lapsed by virtue of the 2013 Act. 

A writ petition was allowed by the High Court which answered issue (e) only by holding that the respective acquisitions have lapsed under Section 24(2) of the Act,2013.

In an appeal, the bench of the Apex Court noted that in view of the judgement in Indore Development Authority v. Manoharlal & Others (2020) 8 SCC 129, the judgement was passed by the High Court that the acquisitions have lapsed under subsection (2) of the Section 24 of the Act ,2013, is not sustainable.

It was further noted by the Court that though a number of other issues were raised on the legality of the acquisition proceedings under the Act, 1894 and though other points for consideration were raised/framed by the High Court, none of the issues are adjudicated by the High Court on merits.

We have no other alternative but to remand the matter to the learned Single Judge for deciding the writ petitions afresh and to adjudicate on all the other issues.

"Therefore, the courts should adjudicate on all the issues and give its findings on all the issues and not to pronounce the judgment only on one of the issues. As such it is the duty cast upon the courts to adjudicate on all the issues and pronounce the judgment on all the issues rather than adopting a shortcut approach and pronouncing the judgment on only one issue. By such a practice, it would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision. Therefore, to avoid such an eventuality, the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved," the Court observed.

Case title: Agricultural Produce Marketing Committee Bangalore vs State of Karnataka

Corram- Justice MR Shah and Justice BV Nagarathna

 

 



Share this article:



Leave a feedback about this
TRENDING NEWS

cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

TOP STORIES

sc-rebukes-ima-chief-rejects-apology-for-remarks
Trending Judiciary
SC rebukes IMA chief; rejects apology for remarks

SC rebukes IMA chief R V Asokan; rejects his apology for remarks against the court in contempt proceedings involving Baba Ramdev and Patanjali's MD Acharya Balkrishna.

15 May, 2024 11:02 AM
cant-allow-parole-for-having-procreation-with-live-in-partner-delhi-high-court
Trending Judiciary
Can't allow parole for having procreation with live-in partner: Delhi HC [Read Order]

Delhi HC denied parole for a convict seeking procreation with a live-in partner, stating it would set a harmful precedent, considering his legal marriage and children.

15 May, 2024 12:19 PM
sc-declares-arrest-of-newsclicks-editor-in-chief-prabir-purkayastha-as-invalid
Trending Judiciary
SC declares arrest of Newsclick's Editor-in-Chief Prabir Purkayastha as invalid

SC declares Newsclick Editor-in-chief Prabir Purkayastha's arrest invalid. He was detained in October 2023 under UAPA for alleged pro-China propaganda. SC orders release.

15 May, 2024 12:30 PM
sc-declines-to-entertain-plea-for-direction-to-ec-to-act-against-pm-bjp-leaders
Trending Judiciary
SC declines to entertain plea for direction to EC to act against PM, BJP leaders

SC rejects plea seeking Election Commission action against PM and BJP leaders for alleged hate speeches during elections.

15 May, 2024 12:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email