Saturday, July 4, 2009

".....However we are constrained to observe that the higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. Our legal system acknowledges the fallibility of the Judges, hence it provides for appeals and revision. A Judge tries to discharge his duties to the best of his capacity, howerver, sometimes is likelyto err. It has to be noted tha the lower judicial officers mostly work under a charged atmosphere and are constantly under psychological pressure. They do not have benefits which are available in the higher courts. In those circumstances, remark/observations and strictures are to be avoided particularly if the officer has no occasion to put forth his reasoning."

As observed by K.G. Balakrishnan, CJI and P. Sathasivam.J in Prakash Singh Teji V/s North India goods Transport Co.Pvt Ltd 2009(2)RCR(CIVIL)840

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