Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]
A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false or not proved, and therefore the cause to be wrongfully removed from the Ecclesiastical Court, then upon this consultation or deliberation they decree it to be returned, whereupon the writ in this case obtained is called a consultation, Reg. Brev. 44.
Also a meeting of two or more counsel and the solicitor instructing them for deliberating or advising. A similar meeting of the solicitor with a junior counsel is called a conference.
Consultation with chief justice of High Court not the same as that of 'consultation' contemplated under Article 217 of the Constitution for the appointment of a High Court Judge, Ashok Tanwar v. State of Himachal Pradesh, (2005) 2 SCC 104.
Consultation with the High Court under Article 233 is not an empty formality. An appointment made in direct or indirect disobedience of this constitutional mandate, would be invalid, M.M. Gupta v. State of Jammu & Kashmir, (1982) 3 SCC 412: AIR 1982 SC 1579: (1983) 1 SCR 593.
Consultation is a process which requires meeting of minds between the parties involved in the process of consultation on the material facts and points involved to evolve a correct or at least satisfactory solution. There should be meeting of minds between the proposer and the persons to be consulted on the subject of consultation. There must be definite facts which constitute the foundation and source for final decision. The object of the consultation is to render consultation meaningful to serve the intended purpose. Prior consultation in that behalf is mandatory, Indian Administrative Service (S.C.S.) Assn. v. Union of India, (1993) Supp 1 SCC 730.
--The expression 'consultation' used in Art. 217 of the constitution in relation to appointment of High Court judges cannot be read in the same way into 'consultation' as conemplated under s. 16 of the Consumer Protection Act. The meaning of the word 'consultation' must be given in the context of an enactment, Ashok Tanwar v. State of HP, (2005) 2 SCC 104 (116). (Consumer Protection Act, 1986, s. 16)
Means meaningful, effective and conscious consultation, Gauhati High Court v. Kuladhar Phukan, (2002) SCC 524.
The word consultation has to be interpreted in the context of the post or public office and the object and purpose for which the provision for consultation is made, Justice K.P. Mohapatra v. Sri Ram Chandra Nayak, (2002) 8 SCC 1.
Takes place by mutual discussions and a consensus is arrived at between different authorities performing different functions under the statutes, the purpose for which consultation was to be made would stand satisfied, Chairman & M.D. BPL Ltd. v. S.P. Guru Raju, (2003) 8 SCC 567.
Does not mean concurrence and the views of the Board are ascertained for the purpose of assisting the Government in reaching its conclusion on the matter one way or the other, L&T McNeil Ltd. v. Govt. of Tamil Nadu, (2001) 3 SCC 170.