TMI Blog1965 (10) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench of this Court, consisting of Jagdish Sahai and G. C. Mathur, JJ, doubted the correctness of the view taken in Faulad's case (1961 All LJ 244 : AIR 1961 All 326), and for this reason the latter Bench has referred the following question for decision by a Full Bench:-- Whether, after a judgment has been orally dictated in open Court but before it is signed and sealed, it can be completely changed? This Full Bench has been constituted for the purposes of answering the question mentioned above. 2. The answer to the question depends upon the interpretation of Chapter VII rules 1 to 4 of this Court. In Faulad's case 1961 All LT 244 (supra), V.G. Oak and Kailash Prasad, JJ. considered the language of Chapter VII rules 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been signed; and (3) a case in which judgment has not only been delivered after hearing arguments but has also been transcribed and signed As regards the first of the three contingencies mentioned above their Lordships observed as follows:-- Now, upto the moment the judgment is delivered Judges have the right to change their mind. There is a sort of locus paenitentiae and indeed, last minute alterations often do occur. Therefore, however much a draft judgment may have been signed beforehand; it is nothing but a draft till formally delivered as the judgment of the Court. Only then does it crystallize into a full fledged judgment and become operative. With regard to the second and the third contingencies mentioned above, their L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e draft of a judgment is the final conclusion of the Judge of is only a tentative opinion subject to alteration and change. In the second case, the Judge has publicly declared his mind and cannot therefore change it without notice to the Dailies and without hearing them afresh when that is necessary; and if there is no change the judgment continues in force. By change we mean an alteration of the decision and not merely the addition or subtraction of part of the reasoning. In our view, this decision of the Supreme Court furnishes a complete answer to the question referred to us. It makes if deal that there is power of review both in cases where judgment has been delivered but not signed and cases in which judgment has been delivered, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
