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Mohan Shandilya (Senior Managing Partner)     23 July 2016

Who is the loser?

Who is the Loser ? ... a litigant who is a victim of wrong decision by a court? ... or the court that pronounces a wrong decision ? 



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 July 2016

In my opinion any court gives its judgment basing on the mertis and evidence of the case.  The litigant who is a victim  may appeal in the next appellate court.

Mohan Shandilya (Senior Managing Partner)     24 July 2016

And what if SC also gives a wrong judgement. Pls do not forget SC is the final court but not infallible.

Mohan Shandilya (Senior Managing Partner)     24 July 2016

Further, why should a litigant be made to bear the cost of appeal when the wrong decision is made by a judge?
Dear Mr Kavksatyanarayan, my Query was when a wrong decision is made by a judge based on WRONG appreciation of evidence and merits of a case, the litigant should not be made to suffer for wrong is committed by the judge.

G.L.N. Prasad (Retired employee.)     24 July 2016

I fully agree and there should be accountability for such irresponsible actions, which may also be linked to corruption.   Honestly, how many judgments are speaking orders ?   Losers are always litigants in every respect.  Time, money, mental peace.

Those who are victims of such irrational judgment can only feel the pain and agony involved.  May be, if the litigants are religious, the several curses must ruin the Judge that has delivered such judgment, knowing that his own judgment is not correct and he is doing ADHARMA intentionally.  Still I do not know why the Goddess  of justice closes the eyes with a piece of cloth, when she can remove and see the evidence with her own, wide, open eyes , instead of hearing.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 July 2016

Litigant should not to suffer for advocate's negligence:as per Gujarat HC .

Mohan Shandilya (Senior Managing Partner)     24 July 2016

Thank you very much, Mr G L N Prasad and Mr Rama Chary Rachakonda. Mr Prasad you are spot on. That is the truth. We need to have mandatory Legal Audit of every judge of every court. Further all court proceedings should be video recorded and shared on internet. These two steps will usher in Accountability and seriousness of judges. Mr Rama Chary, pls show me a judgment where a court has held that litigants not to suffer due to judge's negligence. Not advocate's.thnks.

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