Lawstreet Journal

Avoid Shortcut Approach in Judgements; Courts Must Adjudicate All Issues: Supreme Court

Lawstreet Journal 24 Mar 2022 8:24pm

Image courtesy: Lawstreet Journal Judiciary Avoid Shortcut Approach in Judgements; Courts Must Adjudicate All Issues: Supreme Court

It was observed by the Supreme Court that the courts must adjudicate on all the issues raised in a case and also render findings as well as judgements on all the issues involved.

It was also observed by Justice MR Shah and Justice BV Nagarathna that adopting a shortcut while pronouncing the judgement on only one issue, the burden on the appellate court and in many cases if the decision is based on the issue which was decided and is found to be erroneous, the appellate court would not have any other option but remand the matter for its fresh decision.

 In Agricultural Produce Marketing Committee Bangalore v. State of Karnataka, the following issues were raised in a writ petition which challenged the land acquisitions:

1) Whether the disposal of these petitioners should be deferred pending adjudication and determination by the Land Tribunal, Bangalore North Taluk of the excess holdings or otherwise under the provisions of the Karnataka Land Reforms Act, 1961 of the very lands which are the subject matter herein.

2) Whether the possession of a portion of the lands in question having said to have been given to APMC can be said to be valid and in accordance with law.

3) Whether the invocation of Section 17 of the LA Act in the acquisition of a portion of the lands for the same purpose was justified.

4) Whether the acquiring authority could keep abeyance the mandate to pay or deposit the compensation amount pending disposal of… Continue Reading...


Tagged: Supreme Court of India  
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