The Nature of Judicial Power: Hon’ble Justice S. Ravindra Bhat

There is a body of case law which clarifies, sans a statutory duty, a positive direction to do something, in a specific manner, cannot be given. It must be shown, there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance.

Hon’ble Justice S. Ravindra Bhat, Nilay Gupta v. Principal Govt. Dental College, [Civil Appeal No. 3345 of 2020].

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Raj Narain Pandey v Sant Prasad Tewari & Ors, 1973 (2) SCR 835 had underlined, long standing or established status quo brought about by Judgments should not be lightly departed from, even by this Court.

As observed by Lord Evershed M.R., there is well-established authority for the view that a decision of long standing on the basis of which many persons will in the course of time have arranged their affairs should not lightly be disturbed by a Superior Court not strictly bound itself by the decision.”

Hon’ble Justice S. Ravindra Bhat, Navin Chandra Dhoundiyal v. State of Uttarakhand, [Civil Appeal No. 3493 of 2020].