LexTIRUPATI BALAJI DEVELOPERS PVT. LTD. AND ORS. versus STTE OF BIHAR AND ORS.
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A TIRUPATI BALAJI DEVELOPERS PVT. LTD. AND ORS. ,V. ST A TE OF BIHAR AND ORS. APRIL 21, 2004 B [R.C. LAHOTI AND ASHOK BHAN, JJ.] Constitution of India, 1950: Articles 124 and 129-Establishment. of Supreme Court-Court of C Record-Supreme Court and High Courts-Relati01:iship between-Held: Supreme Court ~nd High. Courts are both courts of record and are constitutionally independent of each other-High Court is not a court 'subordinate' to the Supreme Court-In the context of appellate jurisdiction, High Court exercises an inferior or subordinate jurisdiction-Articles 139- D A, 141 and .J44 give an edge, and assign a superior place in the constitutional hierarchy, to the Supreme Court over. the High Courts-However, in the context of Articles 226 and 227 High Courts exercise a larger jurisdiction- Being constitutional institutions, Supreme Court and High Courts should deal with each other observing grace and courtesy-Judges not to criticise each other-Any departure therefrom should be corrected by the appellate E forum with courtesy and respect and not by way of harsh criticism- While issuing directions in exercise of its appellate jurisdiction, Supreme Court cautiously abstains from issuing any "directions" as such and rather uses alternate and polite expressions. Article 136-Nature and scope of-Held: Jurisdiction under Art. 136 F is very wide and plenary-However, as a rule of prudence and self-imposed discipline, Supreme Court refuses to exercise its jurisdiction in the first instance if the grievance raised is capable of being taken care of by any lower forum competent to do so-It is an extraordinary jurisdiction vested in the Supreme Court by the Constitution with implicit trust and faith-lt is G a discretionary jurisdiction and should be exercised with extraordinary care · and caution. Article 136-Adverse observations-Against Supreme Court by High Court-Expunction of-Held: Jn order to maintain its dignity as the Apex Court, such adverse observations expunged from the record of the High H Court. 494 TIRUPATI BALAJI DEVELOPERS PVT.LTD. v. STATE 495 Article 144-Nature and scope of-On the direction of the Supreme A Court, Registrar General of Supreme Co.urt addressed a communication to the Registrar General of the High Court seeking certain information-High Court dealt with such communication on the judicial side-Correctness of- Held: Such communication should have been dealt with on the administrative side-High Court should have appraised the Supreme Court with the correct B factual position-Such communication not derogatory to the High Court- High Court not reduced to the_ status of a litigant merely on account of such communication nor the High Court came to be arrayed as a party nor was the High Court as an institution and as a court of record called upon to give an explanation or to respond Article SO-Separation of judiciary from executive-Independence of judiciary-Held: The appellate hierarchy, examined in the correct perspective, is a factor strongly contributing towards the independent of the judiciary by securing finality in adjudication within the system and its insulation from any outside interference or correction. Interpretation of the Constitution-Guiding factors--Held: Interpretation of the Constitution cannot fluctuate with the different values in which different judges believe-Concept of the common good, therefore, should be the guide. Code of Civil Procedure, 1908: Sections 96 and JOO-Appeal-Nature and scope of-Held: Appeal implies the removal of a cause of action from any inferior court or tribunal c D E to a superior one entirely subjecting the facts as well as the law to a review and a retrial-Postulates of appellate jurisdiction are (i) existence of the relation of superior and inferior courts-(ii) power in the former to review F decisions of the latter-Conferral of a principal substantive jurisdiction carries with it, as a necessary concomitant, power to exercise such other incidental and ancillary powers without which coriferral of principal power would be rendered redundant-Also, appeal does _not cease to be an appeal, though irregular or incompetent-Existence of appellate jurisdiction obliges G lower jurisdiction to render all its assistance to enable the exercise of appellate jurisdiction fully and effectively. • Words & Phrases: "Appeal"-Meaning of H 496 SUPREME COURT REPORTS [2004) SUPP. I S.C.R. A A Division Bench of
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