Dissent to be recorded
Full Text
Where the Appeal is heard by more judges than one, any judge dissenting from the judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same.
Plain English Summary
Directs that where an appeal is heard by a bench of multiple judges, any dissenting judge must record in writing the decision or order they consider appropriate, along with reasons.
Key Legal Elements
- Multi-Judge Appellate Benches: Applicable to Division Benches or Full Benches in appellate courts.
- Written Dissent: Dissenting judge records distinct decision/order and reasons.
- Governed by Section 98 CPC: The effect of dissent is regulated by Section 98 CPC (majority judgment prevails; on equality of votes on law, reference to third judge).
Practical Note
Procedure on Judicial Disagreement in Appeals: 1. Interplay with Section 98 CPC: Where an appeal is heard by a bench of two judges and they differ in opinion on a point of law, Section 98(2) CPC provides that they may state the point of law on which they differ, and the appeal is then referred to a third judge. Under Rule 34, each differing judge states his proposed decision in writing. 2. Letters Patent Appeal / High Court Rules: In High Courts, the Letters Patent provisions or specific High Court rules may govern bench references, taking precedence over Section 98 by virtue of Section 4 CPC.
हिंदी पाठ
जहां अपील की सुनवाई एक से अधिक न्यायाधीशों द्वारा की जाती है, वहां न्यायालय के निर्णय से असहमत होने वाला कोई भी न्यायाधीश उस विनिश्चय या आदेश को लिखित में अधिकथित करेगा जो उसके विचार में अपील में पारित किया जाना चाहिए, और वह उसके लिए अपने कारणों का कथन कर सकेगा।