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Naga Balaji (Law Student.)     11 October 2011

Whether court can move beyond crpc provison 2 render justice

Whether Court can move beyond the provision of Crpc to render Justice?

Real Justice can be done only when court should decide the case to secure justice and

not merely to save the law.

Can the court decide the case moving beyond the provision of the code?



Learning

 7 Replies

N.J. MISHRA (Legal Manager)     12 October 2011

Courts are bound by provisions laid down in laws; hence, not possible to go beyond the applicable laws

kranthi (retainer advocate)     12 October 2011

courts can't go beyond its powers confered by our laws

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2011

Dear transquality

Lower courts,  High Court or Supreme Court which court, your question is related.

The inherent power of the courts u/s 482 Crpc , but its related to high court read it.

482. Saving of inherent power of High Court.

 

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

Also SC can do anything under inherent powers of 142 of Indian Constitution

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

AKHILESH SRIVASTAVA (consultation)     17 October 2011

"No person shall be deprived of his life or personal liberty except according to procedure established by law."

Art. 21 of Constitution of India

R Trivedi (advocate.dma@gmail.com)     18 October 2011

Courts (Judges) cannot decide as per what the law should be, they have to decide as per what the law is. The Supreme Court has the power to thrash any provision which could be against the spirit of constitution, generally to safeguard the fundamental rights of the individual. High Court as per S.482 ensures that generally there is no miscarriage of justice or misuse of process of law. This is important since in lower courts especially in criminal proceedings once the charge is framed, the proceedings cannot be quashed. S.482 is nothing more than that. In general aspect Supreme Court can intervene only if it sees solid miscarriage of justice for want of certain technicalities, otherwise every court has to act as per law, not what they think law should be. Yes, courts (any) can convey what they feel about the law, if it is improper.

N.K.Assumi (Advocate)     31 October 2011

Judges are like the two Lions under Solomon's throne, so let them be like Lions and not the Solomon.


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