only in extreme and rare
cases and additionally, judicial discipline and comity of courts require that
High Courts should refrain from exercising their jurisdiction ... would like to emphasise and
re-emphasise that the judicial discipline and comity of courts require
that the High Courts should refrain from exercising their
Shankara Co-Op. Housing Society Ltd vs M. Prabhakar & Ors on 5 May, 2011
facts in the
aforementioned cases and on parity of reasoning and judicial
comity the same conclusion must follow unless something to
the contrary is indicated
Judge in the High Court was
merely swayed by considerations of judicial comity and propriety and failed to
see that merely because this Court
follow
the decisions of other Divisional Courts on
the grounds of judicial comity; see The Vera
Cruz (No. 2) (2), Harrison v. Ridgway
Ratkinsky ... additional factors of
the loss of money and, the waste of judicial
time."
Law will be bereft of all its utility if it should
constitute
a larger division bench to examine the question. Judicial
comity demands that a binding decision to which attention
had been drawn should neither ... enable him to constitute a
larger Bench to examine the question. Judicial Comity
(1) [1896] A.C. 1.
113
demands that a binding decision
regard to the validity or otherwise of
the arbitration agreement arises, a judicial authority would have the
jurisdiction under certain circumstances to go into ... subject-
matter, but there is what may properly be termed a
judicial comity on the subject. And even where it
is a case
Comity of
Courts. In Black’s Law Dictionary, 5th Edition, Judicial Comity, has been
explained in the following words:
“Judicial comity. The principle in accordance ... principle of “comity” is that courts of one
state or jurisdiction will give effect to the laws and judicial decisions
of another state or jurisdiction
stalemate. It may violate the well-known rule of
judicial comity.
In 'A Treatise on The Law Governing Injunctions' by Spelling and
Lewis ... subject-matter, but
there is what may properly be termed a judicial comity
on the subject. And even where it is a case
Emphasis supplied)
18. When there are binding decisions, judicial comity expects and requires
the same to be followed. Judicial comity is an integral part
