identical and similar
arguments were advanced in both the matters, judicial
propriety demanded learned Special Judge to follow the
view taken in the similar matter
necessity which it would
otherwise not countenance on the touchstone of judicial
propriety. Stated differently, the doctrine of necessity
makes it imperative for the authority ... decide and
considerations of judicial propriety must yield. It is
often invoked in cases of bias where there is no other
8
authority or Judge
desire to secure uniformity and certainty in law. Thus, in judicial
administration precedents which enunciate rules of law form the
foundation of the administration ... follow the said precedent even
while extensively quoting the same. Judicial propriety and discipline
are not served by such conduct on the part
considerable bias against the respondent. If it
shocks our notions of judicial propriety and fair play, as
14
indeed it does, it was bound ... judge in his own cause) is required to be observed by
all judicial and quasi-judicial authorities as non-observance thereof is
treated
Om Parkash vs Union Of India & Ors on 8 February, 2010
Equivalent citations: AIR
thus
S = Avisl'_jhardly necessary to emphasise that
consjiderations of judicial propriety and
H decorurn require that if a lea.rned Single
Judge hearing ... rule and no
r'?
5; as
authority. The judicial decorum and legal
propriety demand that where a learned
Single Judge or a Division Bench
under Section 36 of the Act
before the civil court. Though judicial propriety does not allow me to take a
CRP NO.73/2008
certainty of law. Judicial
decorum, no less than legal propriety forms the basis of judicial
procedure and it must be respected at all costs ... question of law, it must,
in keeping with principles of judicial propriety and decorum, either
follow the decision with which it disagrees or refer
Appeals) and to ignore the other portion of the
same. The judicial propriety and fairness demands that the entire judgment both
favourable and unfavourable should
Sardar Patel Vidyalaya (supra)
of a Single Judge of this Court, judicial propriety demanded the reference
of the matter to the Division Bench
