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Wednesday, January 22, 2020

Contradicting the proceedings recorded in an order should be deprecated - consent not given

Rajiv Ranjan Singh ‘Lalan’ (V) v. Union of India, (2005) 11 SCC 312 : (2006) 1 SCC (Cri) 249 at page 313
2. This portion of the order was passed by consent of all the parties. Now it is claimed by the applicant in Crl. MPs Nos. 5519-20 of 2005 that the order is not by consent. However, even in this application it is admitted that his counsel had not objected to this order. After consenting and/or in any case after not objecting submissions are made before learned Acting Chief Justice of the Patna High Court that this Court had no jurisdiction to constitute a Bench and that power to constitute Benches rests only with the Chief Justice. We deprecate this practice of a party obtaining an order by consent and/or not objecting to an order and then making contrary submissions before another forum. If the party had felt aggrieved the proper course was to immediately come back to this Court and get the order clarified by this Court.

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