mind, the action of the Magistrate is
clearly subversive to judicial discipline and amounts to
gross impropriety because so long the order passed by
this ... There is no denial of this judicial convention
that in order to maintain judicial discipline and consistency
subordinate courts used to obtain endorsement
divergent to that of the
earlier Division Bench in Hubtown. Therefore, judicial discipline,
according to Dr. Saraf, demands that either we go by the earlier ... Union of India . These are essentially on
the point of judicial discipline and a latter Division Bench being
confronted with the earlier view directly adjudicating
5171 to 5l81/Mum/2013) (Mum.)
(Pages 105-123 of LPB)
Judicial discipline demands that the better
wisdom of the Court below has to yield ... paragraphs 4 and 5, the The principle of judicial discipline of binding
learned DR states that nature of higher courts on lower courts
divergent to that of the
earlier Division Bench in Hubtown. Therefore, judicial discipline,
according to Dr. Saraf, demands that either we go by the earlier ... Union of India . These are essentially on
the point of judicial discipline and a latter Division Bench being
confronted with the earlier view directly adjudicating
divergent to that of the
earlier Division Bench in Hubtown. Therefore, judicial discipline,
according to Dr. Saraf, demands that either we go by the earlier ... Union of India . These are essentially on
the point of judicial discipline and a latter Division Bench being
confronted with the earlier view directly adjudicating
cannot entertain the writ petition. It is only a matter of judicial
discipline and comity of courts that require this Court to take its
hands ... subordination or to surrender of jurisdiction but
only tantamount to judicial discipline, the learned counsel for the
Registry relied upon 2 decisions of the Supreme
unfettered but its
exercise is subject to high degree of judicial discipline pointed out
above.”
38. The Cr.P.C . is undoubtedly a complete code ... only in extreme and rare
cases and additionally, judicial discipline and comity of courts require that
High Courts should refrain from exercising their jurisdiction
view, are equally
applicable to the present case. The principle of judicial discipline demands
that we should follow the order of the co-ordinate Bench ... Counsel must be aware of that this Tribunal is
bound by judicial discipline and until and unless there is contrary decision on
the same issue
that on the facts stated above in view of
principles of judicial discipline and doctrine of precedent, the order of
the ITAT Bench in case ... which has
ruled thus :-
" The principle of judicial discipline require that the orders
of the higher appellate authorities should be followed
unreservedly
facts and special circumstances placed before us we following the judicial discipline and traditions of the Court and the judgment of the Apex Court ... Chief Justice. Strict adherence of this procedure is essential for maintaining judicial discipline and proper functioning of the Court. No departure from this procedure
