The Official Liquidator Of M/S Kaizen ... vs Dayanand Madhav Mapuskar And Anr ... on 20 December, 2018
WP2605-17.DOC
increase in the number of cases involving violation of
the basics of judicial discipline. The learned Single
Judges and Benches of the High Courts refuse to follow
and accept the verdict and law laid down by coordinate
and even larger Benches by citing minor difference in
the facts as the ground for doing so. Therefore, it has
become necessary to reiterate that disrespect to
constitutional ethos and breach of discipline have
grave impact on the credibility of judicial institution
and encourages chance litigation. It must be
remembered that predictability and certainty is an
important hallmark of judicial jurisprudence developed
in this country in last six decades and increase in the
frequency of conflicting judgments of the superior
judiciary will do incalculable harm to the system
inasmuch as the courts at the grass roots will not be
able to decide as to which of the judgments lay down
the correct law and which one should be followed."