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Careers ForU   07 January 2022

Are there constitutional violations if judge looked the terms of the settlement agreement

If the Judge overlooked or ignored the terms of the settlement agreement which was of flaws for example tax clause omission , does it violate constitutional rights ? Does it violate the fundamental rights of the any or both the parties ?Could you please explain .



Quick Summary
This discussion explores whether a judge ignoring the terms of a settlement agreement, particularly due to flaws like tax clause omissions, constitutes a violation of constitutional or fundamental rights. Advice is given on potential legal remedies, such as filing a writ of Certiorari or a review petition in the High Court, depending on the initial court. The user also seeks guidance on how to ensure a settlement agreement is included in the court record for an appeal concerning an unfair settlement.

 2 Replies

Aarushi   08 January 2022

Dear user,

Depending on the court where this incident took place, you can take different measures.

If this incident took place at any lower court, a writ of Certiorari can be filed in the High Court.

If the settlement agreement was part of any evidence, a review petition can also be filed in the High Court, but this has to be filed within 30 days from the day of the judgement of the case during the trial of which, the settlement agreement was overlooked.

I hope I was able to solve your query. Please feel free to leave follow up questions if any.

Careers ForU   08 January 2022

Thanks for the candid reply . I have a problem .The issue  for review is  unfair settlement .If I have to appeal to

Higher  Court I need the record for review to be including  the settlement agreement . How do I get the settlement

agreement onto the record ? Iam of the understanding that unless the reviewing court has a copy of the settlement

agreement , it cannot opinionate on the matter .

Please  reply 

Thankyou  


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