Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case- Rajeev P.S. v. Sree Narayana Trusts
2023 Kerala HC
Division Bench of observed that when a Division Bench considers a matter, the Judges constituting the Bench would exchange their views and it is only when the view expressed by one is acceptable to the other and vice versa, a decision is rendered by one among them on behalf of the Bench. It also observed that a concurring opinion has to be construed as part of the order itself, and it has to be presumed that the Judge who delivered the order, agreed to the view expressed in the concurring opinion, and if the Judges mean to differ in their views, the order would not have been rendered at all on behalf of the Bench.
Key- When One Judge writing on behalf of other.