While some Supreme Court judgments have left us contemplating taking English classes once again, this time it is the Supreme Court which has been stumped by language blues..A Bench of Justices Madan B Lokur and Deepak Gupta has set aside a judgment of the Himachal Pradesh High Court because of the convoluted English used in the judgment, reports HT..The case in question is a dispute between landlord and tenant for non-payment of rent. The landlord had filed a petition for eviction of the tenant. The same was decreed in 2011 in favour of the landlord but the High Court had stayed the decree of the trial court. In 2016, the High Court had reversed the trial court order and allowed the tenant to continue in possession, holding that landlord had been paid the rent amount by the tenant. This led to an appeal in the Supreme Court..But, the English used by the High Court in its judgment was too much even for the apex court:.Certain portions of the impugned judgment ran like this:.“(The)…tenant in the demised premises stands aggrieved by the pronouncement made by the learned Executing Court upon his objections constituted therebefore…wherewithin the apposite unfoldments qua his resistance to the execution of the decree stood discountenanced by the learned Executing Court.However, the learned counsel…cannot derive the fullest succour from the aforesaid acquiesence… given its sinew suffering partial dissipation from an imminent display occurring in the impunged pronouncement hereat wherewithin unravelments are held qua the rendition recorded by the learned Rent Controller…”.The Bench said that it is setting aside the judgment because it cannot understand it..“We will have to set it aside because one cannot understand this,” said Justice Lokur..Here is the order passed by Justice Lokur..The matter has now been remanded back to the High Court for re-drafting the judgment..Read the Himachal Pradesh High Court judgment below..Here is a copy of the order of Justice Lokur.
While some Supreme Court judgments have left us contemplating taking English classes once again, this time it is the Supreme Court which has been stumped by language blues..A Bench of Justices Madan B Lokur and Deepak Gupta has set aside a judgment of the Himachal Pradesh High Court because of the convoluted English used in the judgment, reports HT..The case in question is a dispute between landlord and tenant for non-payment of rent. The landlord had filed a petition for eviction of the tenant. The same was decreed in 2011 in favour of the landlord but the High Court had stayed the decree of the trial court. In 2016, the High Court had reversed the trial court order and allowed the tenant to continue in possession, holding that landlord had been paid the rent amount by the tenant. This led to an appeal in the Supreme Court..But, the English used by the High Court in its judgment was too much even for the apex court:.Certain portions of the impugned judgment ran like this:.“(The)…tenant in the demised premises stands aggrieved by the pronouncement made by the learned Executing Court upon his objections constituted therebefore…wherewithin the apposite unfoldments qua his resistance to the execution of the decree stood discountenanced by the learned Executing Court.However, the learned counsel…cannot derive the fullest succour from the aforesaid acquiesence… given its sinew suffering partial dissipation from an imminent display occurring in the impunged pronouncement hereat wherewithin unravelments are held qua the rendition recorded by the learned Rent Controller…”.The Bench said that it is setting aside the judgment because it cannot understand it..“We will have to set it aside because one cannot understand this,” said Justice Lokur..Here is the order passed by Justice Lokur..The matter has now been remanded back to the High Court for re-drafting the judgment..Read the Himachal Pradesh High Court judgment below..Here is a copy of the order of Justice Lokur.