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JAIME (PROPRITER)     17 July 2010

WRONG CONCLUSION

IN A CIVIL CASE CAN A JUDGE DECIDE A CASE ON THE PRETEXT OF  HUMANITATIAN GROUND IN FAVOR OF A DEFENDANT WHO HAS DONE CIVIL WRONG I.E. ENCROACHED A PROPERTY, CONSTRUCTED WITHIN ILLEGALLY, OCCUPYS THE BUILDING ILLEGALLY, ATTEMPTED TO REGULARISE THE ILLEGAL CONSTRUCTION BY IMPERSONATION AND OWNS A HOUSE OF HIS OWN IN HIS OWN PROPERTY?  THE CASE IS FILED WITHIN THE PERIOD OF LIMITATION.



Learning

 9 Replies

rohit jaiswal (lawyer)     18 July 2010

well 

according to me no he cant

because he is there to decide a case by following the provisions of C.P.C. and evidence ACt. it is also a court of law not only a court of equity. if the provisions of the C.P.C. and evidence act are not in the favour of a party so it cant only decide a case only on humanitarian grounds.

JAIME (PROPRITER)     18 July 2010

Thank you Mr. Rohit Jaswal.

Kiran Kumar (Lawyer)     18 July 2010

a civil court can not go beyond the letter of law....Rohit rightly said its not a court of equity...a civil court can not act beyond the substantive law unless and until otherwise provided.

Srinivas (Director)     18 July 2010

Kiran,


What is a court of equity? The term equity is used so much in law and I would appreciate if you can help me understand this term. Thanks,


Srinivas

N.K.Assumi (Advocate)     18 July 2010

Equity means the body of rules considered as governing all on account of their excellence and universality. "he who comes into equity must come with clean hand's.Refer to AIR 1966 SC 489.

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 July 2010

law and Humanism are different. No judge can pass law on humanitarian ground on title and possession of properties.

However, humanitarian ground can be made in matrimonial disputes

pawan sharma (legal work)     19 July 2010

The Court  can't pass such order . The civil court can pass an order on the marit of the case i.e. on evedence produce before it.

prabhu selvarasu (advocate)     20 July 2010

I accept all your valuable reply.But they doing such activities as the name of "judicial activism" .

SANJEEV SRIVASTAVA (LAWYER)     22 July 2010

If they so go the High court and quash thw judgement b'cz a civil court does not have any authority to pass such Order.


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