The Nature of Judicial Power: Asian Resurfacing

Posted on by Rudrajyoti Nath Ray

High Court is constitutionally independent and not subordinate to Supreme Court.

_____

We do not live in an ideal world.

Constitution Bench of Sanjeev Coke Manufacturing Company, (1983) 1 SCC 147 held, “We have serious reservations on whether it is open to a Court to answer academic or hypothetical questions. We think it is inexpedient for Supreme Court to delve into problems which do not arise and express opinion thereon.”

Asian Resurfacing of Road Agency Private Limited v. Central Bureau of Investigation, (2018) 16 SCC 299 made an attempt to delve into an issue which did not arise for consideration.

– Hon’ble Justice Abhay S. Oka, High Court Bar Association, Allahabad v. State of U.P., [Criminal Appeal No. 3589 of 2023].

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.