✦ Supreme Court of India · 29 Nov 2016

STATE OF- UTTAR PRADESH & Ors. v. SUBHASH CHANDRA JAISWAL & Ors.

Civil Appeal No. 11381 of2016DIPAK MISRA, AMITAVA ROY24 min read

Case at a glance

Decided
29 Nov 2016
Bench
DIPAK MISRA, AMITAVA ROY

Outcome

Allowed

Resultantly, the appeal is allowed and the impugned order

Provisions considered

Judgment

· 1.3 It is expected that the High Courts while dealing with the /is are expected to focus on the process of adjudication and decide the matter. The concept, what is thought of or experienced cannot be ingrained or engrafted into an order solely because such a thought has struck the adjudicator. It must flow from the factual base and based on law. To say the least, in the present case, some of the directions issued were not permissible and all of them were totally unrelated to the case before the High Court . . A Court cannot take steps for framing a policy. The directions issued by the High Court and the queries made by it related to various spheres which the High Court should not have gone into. It had a very limited tis before it. A Judge should not perceive a situation in a generalised manner. In the instant case, the controversy was absolutely different but the High Court generalised it and issued the directions. The directions definitely show some anxiety on the part of the Judges, but it is to be remembered that directions are not issued solely out of concern. They have to be founded on certain fegally justifiable principles t!tat have roots in the laws of the country. [Paras 11, 16, 17 & 23] [140-A-B, C; 143-D-F]

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Resultantly, the appeal is allowed and the impugned order

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — ss. 419, 420, 467, 468, 471; Constitution of India — art. 226; Code of Criminal Procedure, 1973.

Which court decided this case, and when?

Supreme Court of India, on 29 Nov 2016. The bench was DIPAK MISRA, AMITAVA ROY.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Supreme Court of India or eCourts case status (search case no. Civil Appeal No. 11381 of2016). ← Search more judgments