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SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]

The Supreme Court had to recently set aside a judgment passed by the Himachal Pradesh High Court, because of the convoluted English used in the judgment.

“After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The order passed by the High Court is, therefore, set aside and the matter is remanded to the High Court for fresh consideration on merits,” the Bench comprising Justice Madan B. Lokur and Justice Deepak Gupta observed.

The dispute in question involved an eviction petition filed by the landlord against his tenant in November, 1999, for alleged non-payment of rent. The landlord did receive a warrant of possession in December, 2011. The warrant could, however, only be partly executed and the tenant was evicted from the portion of the property where he ran his shop.

The High Court had then in December, 2016 allowed the tenant’s case, and set aside his eviction on the ground that the landlord had received the rent amount. It was this judgment that had now left the Apex Court, as well as the lawyers representing both the parties in a fix.

Here are a few sections of the impugned judgment:

“(The)…tenant in the demised premises stands aggrieved by the pronouncement made by the learned Executing Court upon his objections constituted therebefore…wherewithin the apposite unfoldments qua his resistance to the execution of the decree stood discountenanced by the learned Executing Court”.

“Even if assumingly no efficacious evidence nor any evidence of cogent worth may stand adduced qua the defendants raising any obstruction upon the suit land yet the decree of permanent prohibitory injunction dehors any obstructive act done by the defendants during the pendency of the suit before the learned trial Court or during the pendency of the appeal before the first appellate Court also dehors no scribed relief in consonance therewith standings prayed for by the plaintiffs would not estop this court to permit the executing court to carry the mandate of the conclusively recorded decree of permanent prohibitory injunction pronounced qua the plaintiffs, conspicuously when thereupon the mandate of the conclusively recorded decree pronounced qua the suit land would beget consummation besides would obviate its frustration.”

Read the Supreme Court Order and High Court Judgment here.

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  • Abeer says:

    I wonder if you people at LiveLaw know just how much disservice you do to yourselves when you make mistakes like this. It seems all you’re chasing is the cheap and the quick.

    The HC judgment that you say was remanded is the wrong one. The SLP was against the order of 5th December 2016 in CR No. 184 of 2011. The parties were Pawan Kumar Sharma and Sarla Sood and Others.

    What you have uploaded is a different HC decision altogether. It is 9th December 2016, not 5th December. It is in CR No 52 of 2016, not CR No. 184 of 2011.

    When will you learn that there is something called ‘fact checking’?

  • arun says:

    PROFILE OF THE JUDGE Born on 18.5.1963 at Shimla. Father, Justice late Sh. Hira Singh Thakur, was a Judge of the Himachal Pradesh High Court. Mother Smt. Nirmala Thakur is highly educated and is a renowned English poetess.. Had schooling from St. Edwards School, Shimla and from the same school, completed I.C.S.E in the year 1979. Bachelor’s degree in Arts (Honours) was obtained from Govt. Degree College, Shimla. Bachelor’s degree in law was obtained from the Himachal Pradesh University. Commenced practice in the High Court of Himachal Pradesh in the year 1987 and handled civil, criminal and constitutional work. Remained as Addl. Central Government Standing Counsel from 1994 till 2000. Also in the above phase, served for a brief stint, as litigation Incharge, for conducting the cases of Union of India, in the High Court of Himachal Pradesh. In the year 2001 was selected as Addl. District & Sessions Judge and had his debut posting as Addl. District & Sessions Judge (II), Kangra at Dharamshala. Thereafter, from September 2002 till May 2005 served as Additional District and Sessions Judge, Mandi. Subsequently, served as District and Sessions Judge, Kinnaur at Rampur from June 2005 till October, 2005. Thereafter, uptill April 2008 served as Presiding Officer, Labour Court, Kangra at Dharamshala. From April 2008 till 2009, served as District and Sessions Judge, Bilaspur. Thereafter, till October 2010 served as President of the District Consumer Disputes Redressal Forum, Shimla. From October, 2010 till July 2012, served as District and Sessions Judge, Sirmaur at Nahan. Subsequently, till April, 2013, served as District and Sessions Judge, Kangra at Dharamshala. From 1st May, 2013 till 4th May, 2014 served as Registrar, High Court of Himachal Pradesh. Elevated as Additional Judge of the High Court of Himachal Pradesh and assumed office as such on 5th May, 2014 (FN).
    Took oath as Judge of the High Court of Himachal Pradesh on 30 th November 2014 (Forenoon).

  • Jayant Singh Tomar says:

    At least now the honourable export should realise that the collegium to which the selection of these honorable judges have been done by the supreme court itself is actually what what a joke that the Honorable Supreme Court and the honorable High Court has recommended search judges who’s order the supreme court themselves cannot read