Meaning of judgement suo motto for reopened for clarificatio
Guest
(Querist) 19 June 2018
This query is : Resolved
I have filled biagamy case against my husband. Today judgement. But not declared. What they mentioned was as follows
Judgement suo motto reopened for clarification. What does it mean stand for. Y this happening in my case. Almost 5 years over.
Vijay Raj Mahajan
(Expert) 19 June 2018
It means the trail judge has doubts about the evidence on record and arguments made by both side lawyers therefore to clarify those doubts he has withheld the judgment, after clarifying doubts the judge will pronounce the order.
Kumar Doab
(Expert) 19 June 2018
While the judge was deciding …….something has come to notice or brought up for clarification…and clarification is required……judge want to apply suo motu power of review…
Kumar Doab
(Expert) 19 June 2018
The Apex Court has decided that judge can recall the order …………change his mind…
Supreme Court of India
Kushalbhai Ratanbhai Rohit & Ors vs State Of Gujarat on 6 May, 2014
Author: ….....…….……………………..J.
Bench: B.S. Chauhan, J. Chelameswar, M.Y. Eqbal
1.. D… However, the order dictated in open court and acquitting the petitioners vide order dated 11.12.2013 was recalled by the court suo moto vide order dated 27.12.2013 and directed the appeal to be re- heard. The order had been recalled on the ground that the court wanted to examine the issue further
8…..There is a sort of 'locus paenitentiae' and indeed last minute alterations often do occur. Therefore, however much a draft judgment may have been signed beforehand, it is nothing but a draft till formally delivered as the judgment of the Court. Only then does it crystallise into a full fledged judgment and become operative. It follows that the Judge who "delivers" the judgment, or causes it to be delivered by a brother Judge, must be in existence as a member of the Court at the moment of delivery so that he can, if necessary, stop delivery and say that he has changed his mind. There is no need for him to be physically present in court but he must be in existence as a member of the Court and be in a position to stop delivery and effect an alteration should there be any last minute change of mind on his part. If he hands in a draft and signs it and indicates that he intends that to be the final expository of his views it can be assumed that those are still his views at the moment of delivery if he is alive and in a position to change his mind but takes no steps to arrest delivery.
But one cannot assume that he would not have changed his mind if he is no longer in a position to do so. A Judge's responsibility is heavy and when a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture
9. Thus, from the above, it is evident that a Judge’s responsibility is very heavy, particularly, in a case where a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture. Therefore, one cannot assume, that the Judge would not have changed his mind before the judgment become final.
https://indiankanoon.org/doc/5056510/
Ms.Usha Kapoor
(Expert) 20 June 2018
The judge has some doubts regarding evidence on record and arguments and till his doubts are clarified he has withheld the judgment9 once the doubts are cleared he will deliver judgment.
Ms.Usha Kapoor
(Expert) 20 June 2018
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