HC accepts mistake, recalls judgment
CHENNAI, APRIL 14, 2019 00:00 IST
Says aim is to secure ends of justice
In a welcome judgment, the Madras High Court on Friday held that courts of law should be magnanimous enough to accept mistakes committed by them and immediately recall judgments passed without following the principles of natural justice.
It also said that a court should never attempt “to shield itself by holding on to its judgment as if the verdict was so infallible.”
Justice V. Parthiban said: “The ultimate aim of a court is to secure the ends of justice, and in case the court finds that an order has been passed without following the principles of natural justice, affecting the life and liberty of the citizens of this country, the court has to live up to the expectation of the citizens than shield itself by holding on to its judgment as if the verdict was infallible even in the face of the mandatory and procedural violation and constitutional infraction.”
Judgment recalled
The observations were made while recalling a judgment passed by the court on January 7, sentencing two individuals to two years imprisonment without affording them an opportunity of a hearing.
The issue relates to a cheque bounce case lodged by P. Murali against BMD Hotels and Resorts Private Limited and Airmedia Technologies in 2010. It was lodged against the managing director Nirmala Devi and another individual S. Bhaskar.
The court has to live up to the expectation of the citizens than shield itself by holding on to its judgment
Justice V. Parthiban
CHENNAI, APRIL 14, 2019 00:00 IST
Says aim is to secure ends of justice
In a welcome judgment, the Madras High Court on Friday held that courts of law should be magnanimous enough to accept mistakes committed by them and immediately recall judgments passed without following the principles of natural justice.
It also said that a court should never attempt “to shield itself by holding on to its judgment as if the verdict was so infallible.”
Justice V. Parthiban said: “The ultimate aim of a court is to secure the ends of justice, and in case the court finds that an order has been passed without following the principles of natural justice, affecting the life and liberty of the citizens of this country, the court has to live up to the expectation of the citizens than shield itself by holding on to its judgment as if the verdict was infallible even in the face of the mandatory and procedural violation and constitutional infraction.”
Judgment recalled
The observations were made while recalling a judgment passed by the court on January 7, sentencing two individuals to two years imprisonment without affording them an opportunity of a hearing.
The issue relates to a cheque bounce case lodged by P. Murali against BMD Hotels and Resorts Private Limited and Airmedia Technologies in 2010. It was lodged against the managing director Nirmala Devi and another individual S. Bhaskar.
The court has to live up to the expectation of the citizens than shield itself by holding on to its judgment
Justice V. Parthiban
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