Indian Kanoon - Search engine for Indian Law

57. As was held in Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P.) Ltd. [19971 89 Comp Cas 619 [1997] 5 Supreme 291, if the decision is allowed to stand, it will amount to judicial impropriety. In para. 32 of the judgment, their Lordships have held thus (page 634) :

"When a position, in law, is well-settled as a result of judicial pronouncement of this court, it would amount to judicial impropriety to say the least, for the subordinate courts including the High Courts to ignore the settled decisions and then to pass a judicial order which is clearly contrary to the settled legal position. Such judicial adventurism cannot be permitted and we strongly deprecate the tendency of the subordinate courts in not applying the settled principles and in passing whimsical orders which necessarily has the effect of granting wrongful and unwarranted relief to one of the parties. It is time that this tendency stops."