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Showing posts from April, 2012

Can Courts / Tribunals be compelled to pass meritous Orders / Judgments ? (in case if they don't passes)

Can Courts / Tribunals be compelled to pass meritous orders / judgments (in case if they don’t passes) ? Perhaps..... 1.   Before dealing with the aforesaid proposition, let me first try to define what is meant by passing of “Meritous orders / judgments”. In my mind, it may mean – While giving due consideration to the submissions and evidences on record of the rival parties, to record a finding with respect to disputed question of fact or of law; Employing cogent reasons about the conclusion reached in the order / judgment. Passing of orders in accordance with law. Principles of natural justice are reasonably observed in the judicial proceeding. 2.   The orders of the Court are generally challenged in Appeal or in Revision, alleging the impugned Order, being infected with – Perversity; and / or Illegality, i.e. not in accordance with law; and / or In breach of principles of natural justice 3.    The perversity of the order impl