Section 193 ipc (antidated judgement)
surjit singh
(Querist) 05 August 2013
This query is : Resolved
In a judicial proceeding the SDO(Civil) reserved its judgement in the open court and later on it came to the knowledge that the judgement is dated on same date. In the said particular acts it is specifically stated the judgement be passed in open court and that the limitation for appeal is of 30 days from the date of order.
Code of Civil Procedure says that when the judgement is reserved it shall be pronounced within one month with notice to the parties of his counsel. In the present case there was no counsel and the petitioner was appearing in person.
My query is (1) whether the petitioner in appeal can take a ground that the Judgement is anti-dated and it has violated the provision of the said act where it is specifically stated that judgement should be pronounced in open Court.
(2) Whether in the present case Section 192 of the Indian Penal Code is attracted.
Devajyoti Barman
(Expert) 05 August 2013
1. This is common malpractice adopted by judges these days. You should definitely raise this issue.
2. No
surjit singh
(Querist) 05 August 2013
Law says that every wrong has a remedy, so what is the remedy available to a litigant in such case.
Kindly note that when matter came to the knowledge of the petitioner, he immediately wrote to the SDO asking him to correct the date in the said judgement and and got his signature of the said SDO on that letter personally, who said this is practice.
Raj Kumar Makkad
(Expert) 05 August 2013
Your case was not before any judge rather the same was before an administrative officer who need not to follow the procedure being adopted in courts and thus you cannot take the plea as you posted.
Rajendra K Goyal
(Expert) 05 August 2013
Agree with the experts, nothing more to add.
surjit singh
(Querist) 05 August 2013
The Act(Land Dispute Resolution Act, 2009) under which application was made. The SDO itself has given some power of the CPC like acceptance of evidence on affidavit, appointment of commissioners, compelling witness to produce documents etc. under this Act, and the provisions of the act categorically says that any proceeding under this act is a judicial proceeding and judgements should be pronounced in open court.
The only word used in the act is the "Competent Authority" in place of 'Judge'.
Pawan
(Expert) 06 August 2013
I agree with the experts. Administrative officers are not bound to follow procedure.
Devajyoti Barman
(Expert) 07 August 2013
Since SDO is discharging quasi judicial authority , he is bound by the Rule of Law.
Highlight this issue in the Writ application before the high court.
surjit singh
(Querist) 08 August 2013
Thank you Mr Barman, Whether this can be a one of the ground in the appeal before the appellate authority.
