Supreme Court of India
Shah and S. Ravindra Bhat, Jj.] v. Manohar Lal & Ors. Etc.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the above reasons, and having regard to the reasons contained in Mishra, J’s order, outlining the rejection of the request for his recusal, we are of the considered opinion that this Bench should proceed to hear and decide the reference made to it, on its merits.
Judgment, page 62
From the headnote
Justice Delivery System: Practice and Procedure – Recusal of judge – Whether a Judge who has expressed an opinion in a smaller Bench and the case has been referred to a larger Bench, because of the conflict of the opinion or otherwise, can hear the matter in a larger bench – Held: Rendering a decision on any issue of law and the corrective procedure of it cannot be said to be ground for recusal of a Judge; otherwise, no Judge can hear a review, curative petition, or a reference made to the larger bench – Judge who had rendered any decision in a smaller combination is not disqualified from…
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 2014 Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors.
- 1979 V. Dhanapal Chettiar v. Yesodai Ammal
- 1974 Shamsher Singh & Anr v. State of Punjab
- 1955 The Bengal Immunity Company Limited v. The State of Bihar and Others.
- 1979 M. S. Shivananda v. Karnataka State Road Transport Corporation and Others
- 1964 Sajjan Singh v. State of Rajasthan
- 1988 Ujagar Prints Etc. v. Union of India & Ors. Etc.
- 1978 Ganpat Ladha v. Sashikant Vishnu Shinde
- 1965 The Keshav Mills Co. Ltd. v. Commissioner of Income-tax, Bombay North
- 1976 Damadilal and Others v. Parashram and Others
- 2011 Justice P. D. Dinakaran v. Hon'ble Judges Inquiry Committee & Ors.
- 2014 Sree Balaji Nagar Residential Association v. State of Tamil Nadu & Ors.
- 1991 M.B. Sanghi, Advocate v. High Court of Punjab and Haryana and Ors.
- 2014 Subrata Roy Sahara v. Union of India and Others
- 2007 M/s. Ambica Industries v. Commissioner of Central Excise
- 1985 Smt. Gian Devi Anand v. Jeevan Kumar and Others
- 1985 Empire Industries Limited & Ors. Etc. v. Union of India & Ors. Etc.
- 1999 Hyderabad Industries Ltd. and Anr. v. Union of India and Ors.
- 2014 Anil Kumar v. State of U.P.
- 1985 Khandelwal Metal & Engineering Works and Another Etc. v. Union of India and Others
- 1979 Cloth Traders (p) Ltd., Etc v. Addl. Commr. of Income Tax, Gujarat-i, Etc.
- 1995 Hyderabad Industries Ltd. and Anr. Etc. v. Union of India and Ors.
- 2018 Asok Pande v. Supreme Court of India Thr. its Registrar and Ors.
- 1985 Distributors (baroda) Pvt. Ltd. v. Union of India and Two Ors.
- 2013 Arathi Sandi v. Bandi Jagadrakshaka Rao and Ors.
- 1962 The Petlad Turkey Red Dye Works Co. Ltd., Petlad v. The Commissioner of Income-tax, Bombay, Ahmedabad
Where later benches applied it
Of those, 1 referred to
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