Judgement process

mahendrakumar (Querist) 05 November 2011 This query is : Resolved
this query is out of curiosity.

Hope some previous presidents/members of consumer foras could lead/guide this discussion?

after the final argument stage,cases are generally posted for judgement on a future date.

before delivering the judgement,do all the members of the forum sit together and discuss the merits of the case and arrive at a conclusion? Or is it left to any single member alone?

due to heavy overload of cases,is it practically possible to go through all the documents of both the parties and give a fair judgement?

are these "forums" accountable to anyone for any inadvertent or deliberate lapses if any on their part?

apart from an appeal remedy,any inherent mechanism in the system to check the misuses?

Follow Query

Report Abuse

Guest (Expert) 05 November 2011
to deliver the judgement out of three, two persons are required to sign. one will be president another member.
regarding the legal binding/legal issues the president has to deliver the judgement

though there may be heavy load of cases. the each and every judgment and its documents should be discussed in detail and then only the judgement has to be delivered. There is should not be divergent views on these procedural matters.
The trail forum is accountable to the appellate forum.
by way of inspection and another by way of writs.

Sankaranarayanan (Expert) 05 November 2011
yes well explained by learned friend mr ganesan,

ajay sethi (Expert) 05 November 2011
it is not possible for mmebers of consumer forum to go through all the documents of the case .

hence the arguments of the parties play a very improtant role . generally notes are taken by the judges at time of arguments .

in all case geenerally wriiten arguments are prepared by parties .

wriiten arguments summarise case of the parties in brief it enables the judges to decide the issue

as pointed ot by mr ganeshan appeal lies against orders by the districtforum to state commission / national commission .

prabhakar singh (Expert) 05 November 2011
Rightly explained by experts.

mahendrakumar (Querist) 05 November 2011
thank you.Mr.Ganesan and Mr.Ajay.

I just wanted to know regarding any intervention other than appeal for ensuring the faireness in judgements of these forums,as most of the appointments to these forums are not always done on merit only.

unless there is some punishments for partiality etc,how to ensure that these foras function impartially.

as such I requested the opinions of our legal fraternity here.

dev kapoor (Expert) 07 November 2011
Fairness & impartiality has to be presumed unless you have tangible & substantial reasons to be otherwise.President of the DF is a senior most judicial officer/retired sessions judge in some cases & his integrity is not usually to be doubted.The other members in Quorum may be less conversant with the judgment process but SJ is having full control over it.
If there is sufficient evidence of the partiality or else Chairman of the Statement is having administrative control lover the DF,he can e approached for the complaint.OR take all pleas in Appeal.I agree with Mr.Ganesan & others !

A. A. JOSE (Expert) 08 November 2011
I agree with the views expressed by all experts.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries