KH ALI MOHD Vs. CHIEF SECRETARY TO GOVT

JUDGEMENT

(1.) FINALITY attached to concluded judgments and orders emanates from three maxims:-

(2.) THUS, founded on justice, equity and good conscience, this cardinal principle of jurisprudence, attaching Finality to concluded judgments and orders, may not permit readjudication of an already adjudicated lis. This principle does not appear to have been adhered to by learned Sub-Judge, Ramban, in taking a view other than the one which had been taken by the Appellate Court in its decision on appeal, which had attained finality, as the parties had opted not to prefer any appeal, revision or other proceedings to question the order before any superior Forum.

(3.) COURTS and Tribunals should therefore keep in mind, that judgments and orders which have attained finality, may not permit them to take views other than the one taken in the concluded judgments or orders, particularly during the currency of the same lis, unless of course, the law, specifically permits such a course.