Judgments not considered by court
VISHNU
(Querist) 26 October 2011
This query is : Resolved
Sir
In one of my friend case, advocate has submitted the list of judgements with photocopies of same at the time of arguments. The court has not mentioned at all about those judgements.
Query: Is it material irregularity as on record the judgements not considered by court?
Is it judge's sweet will to consider one party's judgement and leave unconsidered other party cited judgment.
Can the court be pointed out?
Pls elaborate settled position of law?
ajay sethi
(Expert) 26 October 2011
the court generally in the the order records the various judgements tendered by parties and deals with the judgements .
if the judge has failed to consider various judgements cited by you appeal can be filed against impugned order .
adv. rajeev ( rajoo )
(Expert) 26 October 2011
in an appeal you can argue regarding non mentioning the judgement by the trial court
Arun Kumar Bhagat
(Expert) 26 October 2011
You shall have to raise this point in Appeal/Revision.
Guest
(Expert) 26 October 2011
if THE JUDGEMENT IS SILENT ABOUT THE CASE LAWS, THEN YOU CAN RAISE IT IN THE APPEAL. IT IS THE DUTY OF THE JUDGE WHILE PRONOUNCING JUDGEMENT THAT THE CASE LAW IS APPLICABLE OR IRRELEVANT ONE.
Shonee Kapoor
(Expert) 26 October 2011
To all Ld. Advocates,
In my own case, I tendered Three Judgements, the court mentioned two of them and didnot discuss the third, what is the remedy in such cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 26 October 2011
Shonee! There is no other remedy but to file an appeal. It is generally seen that judges do not want to make labour. They make up their mind in which direction has to walk and once it is decided, the citations favouring that direction are taken up and mentioned and rest are not touched because they shall have to read and shall have to discuss and distinguish which requires a lot of labour. All judges are not same but only few discuss all citations and then justify their judgment.
Ravikant Soni
(Expert) 26 October 2011
This can be a better ground for appeal/ revision.
VISHNU
(Querist) 26 October 2011
Dear Sir
All the Ld advocates had answered. Thanks But special thanks to sH RK Makkad, who had guts to say freely that some judges are not dutiful to do labour. Excellent.
Ld. Sh RK Makkad can be further pleased to clarify the re-joinder query as mentioned below:
(a)Accountability of Judge who did not consider the cited judgements.
(b) If the errant judge is from High court and SC does not entertain this point then what poor litigatnt shall expect from temple of justice?
(c) Final remedy for litigant after SC to go where?
Thanks
Raj Kumar Makkad
(Expert) 26 October 2011
Thanks for your inspiration Vishnu.
A). Unfortunately not as on date. Even such judges may deny having filed alleged citation by counsel claiming it as filed.
B). He may file written argument and may mention those citations therein.
C). After SC in own house, if left from expenses of litigation..........
dev kapoor
(Expert) 27 October 2011
Dear Vishnu,
Let me approach your problem this way-
If fact you have not mentioned whether your friend's case was a Civil Suit or Criminal Case?Why I am particular because in civil matter it is incumbent upon the Judge to decide issues & refer to the judgments referred to in respect of those issues by the rival parties;
Regarding Criminal case,it is sufficient if the Presiding Officer of the Court discusses the law laid down(in brief) in those judgments & reply the qns raised at Bar & how how he disagrees.Thats it.Its not necessary that he refers all the case law & write an elaborate judgment.In some cases SC passed strictures against POs for writing unnecessarily LONG JUDGMENTS (e.g in cases of framing charge).
Indeed u can take this plea in appeal but make sure that ur jjmnts cut at the root of the problem.
Regarding Mr.Makkad's remark about the "work culture in courts" I agree.I also agree whatever he has said in final reply.Mr.Shonee may also consider this reply.
prabhakar singh
(Expert) 27 October 2011
This affair looks like an infection spread every where in the country.
It is true that courts by pass judgments when they find it difficult to distinguish,and desire to decide other wise.
The only solution is to file case citation by mentioning all in an application duly paid with court fees so that they become part of record.
Although still things have been found to have been overlooked as there is no body to
question the way the working is going on.
Any way in the instant case ,the only repair at this stage is that all those case laws may be taken as grounds in memo of appeal by the advocate who conducted the case in lower court.
Gulshan Tanwar
(Expert) 27 October 2011
After SC, one can opt for ICJ or UNO :)
Devajyoti Barman
(Expert) 27 October 2011
The not mentioning of citations in the judgement is nit material irregularity.
In appeal the same point may be raised again.
Since most of the time the lower court record is called for in the higher court where the copies of citations tendered are found, it should not be a difficulty to convince that the same was relied upon in the lower court but not considered by it.
RAJU O.F.,
(Expert) 27 October 2011
It is always better to file written arguments also mentioning the relevant judgments and enclosing the said judgments as annexures. Then mostly the judges have to mention the said citations in favour or otherwise of his decisions.
The same judgments or more or latest judgments may be raised while arguing the appeal against such judgment.
valentine thakkar
(Expert) 27 October 2011
District Consumer Redressal Forum passed the order in favour of the complainant. However the complainant was directed to contact the Special Committee which was non-existent. In the appeal order was reversed but many points raised in the appeal were not at all discussed and a simple order of three pages was made against the Complainant by the State Consumer Disputes Rederessal Commission. Order is read but not signed or taken by the complainant. Six months have passed and the complainant now wants to prefer 2nd appeal or revision. Can he do so? and if yes, how?
VISHNU
(Querist) 28 October 2011
Judgments not considered by court:
First of all I extend heartiest thanks & warm wishes to all the learned barristers who put down happily lot of good clean hearted opinion about infection spread in this country and no accountability of them and the experience of filing of judgments with proper application with fee or in arguments as annexure is mentionworthy and acceptable to nip evil in bud at first stage. Excellent.
Adv Raj Kumar jee
Query; Thanks for good support. Can President has power to set aside HC/SC judgement, through complaint under constitutional provision of natural justice?
VISHNU
(Querist) 22 November 2011
Ld R K Makkad jee
warm regards
your reply awaited. Also note down the reply given by Gulshan Tanwar pls. Thanks
Advocate Bhartesh goyal
(Expert) 26 October 2011
