Constitutional Law

When Higher Courts Can't Touch Lower Court Orders βš–οΈ


Listen Later

πŸ›οΈ The Courtroom Power Play Most People Don't Know About

🌟 Picture this: A lower court quickly issues a temporary order to stop a property sale. The losing party rushes to High Court, gets it overturned. But then Supreme Court steps in and restores the original order! Why does this happen?

πŸ’‘ What You'll Discover:

  • πŸ” Why higher courts have surprisingly limited power to interfere with lower court discretionary orders
  • βš–οΈ The "perverse" standard - it's much higher than you think!
  • 🎯 How the three-test formula protects property owners from unfair sales
  • πŸ’ͺ Why trial judges who see evidence firsthand get special respect from Supreme Court

πŸš€ Real Cases Discussed:

  • πŸ’Ž Ramkant Ambalal Choksi vs. Harish Ambalal Choksi - The property dispute that defined appellate interference limits
  • ⭐ Wonder Limited vs. Antox India Private Limited - The landmark precedent on discretionary orders

🎯 The Three Magic Tests:

  • ✨ Prima facie case - Does your claim look genuine at first glance?
  • βš–οΈ Balance of convenience - Who suffers more if the order isn't granted?
  • πŸ’” Irreparable injury - Can money later fix the damage?

πŸŽ™οΈ This episode reveals why our legal system trusts the judge closest to the action - and how this protects ordinary people from judicial ping-pong matches!

...more
View all episodesView all episodes
Download on the App Store

Constitutional LawBy Sharad Bansal