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Litigants can't be allowed 'forum-shopping' to choose court:SC

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Press Trust of India New Delhi
Last Updated : Dec 19 2014 | 6:55 PM IST
Unscrupulous litigants cannot be allowed to even think of indulging in "forum-shopping" to get favourable decisions and it is a "deprecable conduct" in the field of law, the Supreme Court has said.
A bench of justices Dipak Misra and U U Lalit referred to the "principle of judicial decorum, discipline and propriety" and said if a judge, who hears and declines relief to a litigant, should be adjudicating the subsequent pleas if he is very much there.
"On a perusal of the aforesaid authorities, it is clear to us that the learned judge, who has declined to entertain the prayer for grant of bail, if available, should hear the second bail application or the successive bail applications. It is in consonance with the principle of judicial decorum, discipline and propriety.
"Needless to say, unless such principle is adhered to, there is enormous possibility of forum-shopping which has no sanction in law and definitely, has no sanctity. If the same is allowed to prevail, it is likely to usher in anarchy, whim and caprice and in the ultimate eventuate shake the faith in the adjudicating system. This cannot be allowed to be encouraged," the court said.
The court's observations came in a verdict on an appeal filed by Delhi-based Jagmohan Bahl who had come to the apex court after his bail was cancelled by the Delhi High Court.
Bahl, accused of criminal breach of trust, misappropriation of money and cheating a prospective property buyer, was first denied anticipatory bail by a sessions judge.
Later, he again moved the bail plea which was granted by another sessions judge of the same court.

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The High Court cancelled Bahl's bail on grounds including that the plea should have been heard and decided by the judge who had adjudicated upon his first application.
The apex court endorsed the view taken by the High Court and held that a litigant cannot be allowed to even think that he can indulge in "forum shopping" to get a favorable order.
"Unscrupulous litigants are not to be allowed even to remotely entertain the idea that they can engage in forum-shopping, a deprecable conduct in the field of law," the apex court said.
It, however, granted bail to Bahl, saying the allegations in the FIR relate to execution of an agreement.

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First Published: Dec 19 2014 | 6:55 PM IST

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