Advocate Prasanna B

Questions Answered by Advocate Prasanna B (25+ answers)

Q: Which Judgment Prevails Before Appellate Tribunals

When two judgments have been rendered by different High Courts, one by a Single Judge and the other by a Division Bench, which judgment should prevail before an Appellate Tribunal in a third State?Please also provide supporting judgments

Advocate Prasanna B answered
The Appellate Tribunal is at a national level, whereas the High Courts are at state level. Having said that the Constitutional high courts can review the judgment of Appellate Tribunal if the specific Act provides appellant powers to High Court against the order of Appellate Tribunal. (for example an order of Income tax Appellate Tribunal can be challenged before the High court under 260A of income tax act). Hence constitutional Courts have competency to hear matter arising out of Appellate Tribunal. Now with regards to your question of whether any high court judgement is authoritative and binding upon Appellate Tribunal, my answer is any judgement of any high court is binding upon the appellate Tribunal (because of the hiaracy of appeal). now when there are two judgments one of a single judge and other of a division, then the latter would be binding because of strength of the bench. Hence, the division bench judgement would be binding upon the appellate Tribunal.

Q: Reg ownnership title and sale of property

I have purchased a property from my father 26 years ago thru an unregistered GPA, sale agreement and unregistered will. Since then property is in my peaceful possession and I am living there with my family. I have also converted it into freehold from DDA and DDA has issued a conveyance deed in my name and I have also got it mutated in MCD. Can I sell the property legally now.

Advocate Prasanna B answered
since you have conveyance deed in your name, you have the right to alienate the property (to sell). further mutation in the registry also give you legal right to sell the property. you can execute a sale deed.

Q: Is Writ Pet in High Court to compel police to complete PCC correct

We have property dispute that turned into private Complaints. There is no Summons/Warrant issued. Police not permitted to interfere in Civil or Sub Judice matters. Police are under pressure from local MLA to keep my Police Clearance pending. Should I approach Metropolitan judge or should I directly file Writ Petition in High Court to compel police to complete PCC.

Advocate Prasanna B answered
writ petition can be filed in the High court. however, I need to know why do you need police clearance? what is the dispute? I would like to help you by filing a writ petition in High Court of necessary.