Concurring opinion/Held if different part of judgment?

 

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.