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Arvind Singh Chauhan (advocate)     14 September 2013

Judicial accountability

Judicial accountability bill does not cover lower judiciary or judicial officers. Generally when a judgment of high court and apex court is cited. Whim of judicial officer kick out this, simply writing a line " FACTS OF THE CASE CITED HERE BY COUNSEL OF........ DO NOT FIT  TO THIS CASE".    

   

It is well known that all facts can not be the same , but at least finding of apex court on a particular legal issue must be appreciated, If this issue is to be decided in a case.

 

I am of the opinion that  if any judicial officer writes such lines he must explain how it does not fit to the case.

 

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 4 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     14 September 2013

Article 141 & 142 of the constitution of India.  Refer   2002 SCC (2) Page 420.  Judicial Discipline, Refer 2008  (3) SCC 655.  Number of  Judgements  delivered by supreme court  you refer. What is Obiter Dicta when it is not binding precedent? Question of Law Dicta declared by Supreme Court is binding. Question of fact decided by the Supreme Court similar facts  Law Dicta declared by Supreme court is binding. Under Article 142 of the Constitution of India , the Supreme Court has power to grant equitable relief to eradicate injustice.  A.I.R. 2010 S.C. 1099. You read two Articles of the constitution of India. 

Arvind Singh Chauhan (advocate)     14 September 2013

Thanks Gangadhar Sir !, But who will decide here, which portion is obitar dicta, and which portion is ratio decendi. 

 

It is very high level approach.

 

For Poor or middle class litigants it is better  to keep quite than to fight ahead for justice. They have no option their approach is only up to district court.

 

I think there must be a body to scrutinize  the decided cases also in which no appeal has been preferred.,

 

Every body can't appeal to higher courts. I don't mean that this body should quash or overrule the judgment of lower court. At least there should be a monitoring cell to monitor the style of working in lower courts.

Kolla Gangadhar (Practicing Advocate since 1986)     17 September 2013

High Court will monitor the Judgements of Trial Court either Civil case or Criminal case. You can  lodge complaint to the concern High Court. 

Arvind Singh Chauhan (advocate)     17 September 2013

Thanks Sir for your valuable guidance

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