confused
joyce
(Querist) 25 November 2009
This query is : Resolved
Dear Experts ,whether law n its procedural code is important or the superme court reports, ILR's, or other such decided reports important? Since Judgment is issued on SC report and the main specific law is ignored by Judge.What to do with such judges. even though v get redress by appeal, what about judges altitude?
Kiran Kumar
(Expert) 26 November 2009
No doubt the application of law as it is the duty of every court. As far as judgments are concerned these are merely helping hands....SC or HC judgments in fact provide help to lower court judges to interpret the law as according to the situation or facts of the case.
as far as lower judiciary is concerned the condition is same everywhere in India, in fact I ve faced the heat in personal case too.
its not always possible to make complaint to the HC...so we ll have to survive like this only until and unless the standards of judicial appointments are raised.
Raj Kumar Makkad
(Expert) 26 November 2009
Nothing can be done against such judges within the present set up. Till the concept of accountability is not brought and strictly implemented, we cannot expect any change in the behaviour of such judges. No doubt appeals can be filed but justice delayed is justice denied and moreover, in maximum of matters, general litigant cannot arrange to make appeals in upper courts and in such cases, justice dies and decision lives.
Silabhadra Sastry Advocate
(Expert) 26 November 2009
Dear Joyce i am agreed with Mr.Kiran and Mr.Makkad,but I can suggest you that if this is happening regularly to you by the same judge or he is doing any illegality then you can approach your Bar Association,and if the Bar feels the need the a Resolution can be passed against the Judge and sent to his higher authorities.
Arvind Singh Chauhan
(Expert) 26 November 2009
Dear Joyace I am agreed with Mr. Silabhadra. After all judges are not above than law. Appeal is our right. But to stop such practice complaint is our moral duty.
niranjan
(Expert) 26 November 2009
I would also like to endorse the above views. It is only the public who should come forward to complain against the judges.
