Supreme Court · 2002 INSC 171 · Decided 22 March 2002
Gauhati High Court and ANR. v. Kuladhar Phukan and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 171 · [2002] 2 S.C.R. 808
- Case number
- CIVIL APPEAL No. 2337/2002
- Decided
- 22 March 2002
- Bench
- R.C. LAHOTI, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 235
Headnote
Constitution of India, 1950, Article 235: Control over subordinate courts-Control of High Court and consultation C with High Court-Scope and extent of-Word 'Control' used in comprehensive sense and 'consulation' means meaningful, effective and conscious consultation-Such control and consultation copy of - D notification to High Court by the State Government after appointment-Whether satisfies requirement of 'consultation '-Held, no-Further invalidity caused J( by non-compliance with the mandatory constitutional requirement, cannot be cured by sheer inaction on the part of one or both
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