Error judgment
Balaji Bakthavathsal
(Querist) 25 November 2011
This query is : Resolved
Dear Learned Advocates,
I agree that thee is a time limit to appeal against the judgment. An appeal is nothing but a request to reconsider or review the judgment made where some points were overlooked or not considered. But can we challenge the judgments (Please note the plural) which were delivered due to ignorance of the relevant act by the judge. Coming to the point direct, one of the judge of the High Court of Madras, delivered wrong judgments in the matter of Registration made by the registering officials saying that the Registration done by the Registrar can not be challenged and the registering officials cannot entertain any verbalor written complaints fromthe aggrieved party. However, the Inspector General of Registration in his recent circular clarified that the Registering officials should accept any complaint received from the complaiants as per the Section 82 and 83 of the Registration Act. Can we challenge the earlier judgment irrespective of the time limit ?
Thanks & Regards
mahendrakumar
(Expert) 26 November 2011
how can you blame the judgement,if the circular was issued recently only after the judgement?
Balaji Bakthavathsal
(Querist) 26 November 2011
Respected Sir,
The circulat was issued very recetly. But, the circular did not say anything new. It has highlighted the provisions already contained in the Registration Act and reiterated the registration officials to act as per the act. It is clear that the judgement was delivered with out going through the Registration Act. In any Act or Rule or Law, it is quite natural to have contradicting statements. Under such situation/circumstances, when a case is brought before, a person who is acting as judge should consider the points mentioned in the petition, and apply his mind and deliver the judgment. Blindly applying the rule by partly going through the rules and regulations is not the real justice.
ajay sethi
(Expert) 26 November 2011
if judge had failed to take into account legal provisions cited by you and has delivered an erroneous order your remdy lay in appeal .
you were full aware that judge has misinterpreted law yet you did not file any appeal or review peition
mahendrakumar
(Expert) 26 November 2011
I suggest another remedy.
Make a representation by regd post to the Inspector General Registration,with a copy of the same addressed to the concerned sub registrar and the District Registrar.
wait about 3 to 4 weeks for their reply and response.
If nothing comes out of the above,sent an RTI,query to the SPIO, of State registration dept,requesting the present position of your grievance letter and its progress as well as copy of the file notings etc.
Sometime RTI can play wonders.
considering the heavy flooding of cases at various courts including highcourts.an indepth study of the case is not generally done by judges. Most of the time judgements are made based on the arguments and evidences put before them.
even,you cannot expect all the lawyers to be familiar with all such matters,unless properly briefed by clients.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 November 2011
Normally HC judges do not make such simple mistakes and more ever they study all the cases in depth. Synopsis has to be given by the parties so facts and circumstances may be different. Pl post the relevant judgment.
M V Gupta
(Expert) 27 November 2011
I feel such wrong judgements are handed out partly due to the failure of the Advocates also. Advocates who are appearing in the case are expected to bring to the notice of the Court all the relevant provisions of the Act, precedents on the issues in the case etc. The querist's difficulty appears to be if such a wrong judgement remains without appeal, whether it will affect new cases. I feel it should not, in view of the specific directions given by the Inspector General of Registration.
Balaji Bakthavathsal
(Querist) 29 November 2011
Respected Lawyers, I sincerely thank you all for vour valuable comments. For your kind information, I am not a lawyer but an ordinary citizen who abide the law. I too agree that one can not expect that the lawyers and judges should be experts and knowledgeable in all the laws which is definitely impossible. But when a case is dealt by them, they should go through the relevent act, rules & regulations thoroughly. Each and every rule will be having a contradicting point. The registration act says at one place that the registering officials should not go in depth regarding the ownership and in another place it has mentioned that the registering officials should act as a Civil Court. So, the judge should intrepret the reules and decide upon, based on the facts and information submitted to him. In my case both the lawyers and the honourable judge failed to do so. That is what my regret. Anyway, I once again sincerely thank all the lawyers for sharing their valuable time and giving their feed back.
Thanks & Regards
Balaji
