Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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manjeet   06 July 2015

Perverse judgement

What makes a judgement a perverse judgement?

What is the criteria to make an order eligible for appeal by revision/writ because of being perverse?

manjeet



Learning

 25 Replies

N.K.Assumi (Advocate)     06 July 2015

Any Judge can decide a case rightly or not rightly, so is the right of the litigant to challenge the judgment on the ground of malafide, perverse, without jurisdictions etc.But what is perverse or malafide etc can be culled out from the nature of the judgment based on the facts of the case, and without knowing the grounds of challenging the judgment, it can not be responded without knowing how the judgment is perverse.  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 July 2015

How would you classify the Karnataka High Court judgment on Jayalalitha? Prosecution is a servant of Government in power. The Government is the handmaiden of the politician in power. Who will take action against politicians?

Adv. Chandrasekhar (Advocate)     06 July 2015

"Perverse" has got a definite meaning in law different to literal meaning.  If the judgement is not based on the record available and mere conjectures and surmises crop up in the judgment, then such judgement is pervese andd liable to be set aside.  Perverse judgments can be challenged either in revision or appeal, but no useful purpose will be served to challenge it in review petitition.

N.K.Assumi (Advocate)     06 July 2015

Regarding selvi jayalalitha case, it is trite to say that Law must bend before Justice: but the systems is such that Justice itself bends before the Mighty and the Powerful.Better ask her opponents whay they sat with their tail over the Judgment.

Biswanath Roy (Advocate)     06 July 2015

Perverse judgement means a judgement contrary to the evidence that it justifies the granting of a new trial. 

gaurav   07 July 2015

Dear Adv N  K Assumi,

 

Could you please explain what is "without jurisdictions" ground?

 

And "malafide" meaning???

 

gaurav

N.K.Assumi (Advocate)     07 July 2015

Guarav, jurisdictions means power to make judicial decisions or power to investigate the facts of a matter vested by Law: Juisdtictions is a systems of courts within a particular area. Judge does not mean one can try anything under the sky, it has it's own limitation in exercising the power of judge demacrated by law. Mala fides means bad faith, or intent to deceive. 

N.K.Assumi (Advocate)     07 July 2015

I concur with Biswanth Roy regarding Perverse Judgment. A judgment is said to be perverse when it goes against the weight of evidence.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 July 2015

Can an appeal be made as a public interest litigation in the Jayalalitha case? Has Subramaniam Swamy gone into hiding? Can a perverse judgment (I do not mean the Jayalalitha judgment) be publicly criticised or will it amount to contempt of court?

Biswanath Roy (Advocate)     07 July 2015

Any criticism publicly against the verdict of court is a ' CONTEMPT ' of that court. Any disposed case can be appealable if there is appealable issues.

Adv. Chandrasekhar (Advocate)     07 July 2015

I absolutely disagree with the above opinion.  A judgment can be criticised not just on the ground of perversity but also can take up all other available grounds and it does not amount to contempt of court.  But, if you attribute subjective aspertions against the judge for delivering such judgment, then it attracts "contempts of court" Act.  Let us see in Jayalalita's case, several articles came up in the newspapers criticising the HC Judgment attributing that the judge has done the arthematical errors resulting into defective judgment.  Such criticism won't attract contempt law.  But, if you attribute that the judge intentionally erred in calculations with malafide motive or for material gain by acquitting the convict of trial court, then contempt law catches you.  In our everyday arguments in the courts, we criticise the precedent judgements plaed by the opposite counsel, which are not suitable to our case in hand, sometimes on the ground that the judge erred in interpretation of stature etc. That is the way how three judges' bench judgements will be brought before constitutional bench consisting of 5 judges, from 5 judges to 7 judges, 7 to 9,  9 to 11 etc.

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Biswanath Roy (Advocate)     07 July 2015

In response to above views of Learned friend Mr. Chandrashekhar I like to refer the views of  Hon'ble Mr. Justice HIDAYATULLAH, Chief Justice of the SUPREME COURT OF INDIA (as he was the then) in the case of  R.C. Cooper  vs. Union of India Reported in A.I.R. 1970 S.C. 1318 at p.p. 1320,1321 which is as follows ,-

There is no doubt that the court like any other institution does not enjoy immunity from fair criticism.  This court does not claim to be always right although it does not spare any effort to be right according to the best of the ability, knowledge and judgement of the judges.  They do not think themselves in possession of all truth or hold that whereever others differ from them it is so far error.  No one is more conscious of his limitations and fallibility than a Judge but because of his training and the assistance he gets from learned Counsel he is apt to avoid mistakes more than others.  We are constrained to say also that while fair and temperate criticism of this court or any other court even if strong, may not be actionable, attributing improper motives, or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is SERIOUS CONTEMPT of which notice must and will be taken.  Respect is expected not only from those to whom the judgement of the Court is acceptable but also from those to whom it is repugnant.  Those who err in their criticism by indulging in vilification of the institution of Courts, administration of justice and the instruments through which the administration acts, should take heed for they will act at their own peril, think this will be enough caution to persons embarking on the path of criticism. "

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 July 2015

In the Ms Jayalalitha case lt was alleged that there were calculation errors. Mr. Bavani Singh was �sked not to appear. No new prosecutor was appointed. Thus it was a one-sided hearing. A decision to appeal or not rests with the State Government. So far it appears that they are dragging their feet. It appears as though all powers have joined together to do injustice to the people of this country.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 July 2015

In the Ms Jayalalitha case lt was alleged that there were calculation errors. Mr. Bavani Singh was �sked not to appear. No new prosecutor was appointed. Thus it was a one-sided hearing. A decision to appeal or not rests with the State Government. So far it appears that they are dragging their feet. It appears as though all powers have joined together to do injustice to the people of this country.

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