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Showing posts from January 26, 2018

Adverse finding, based decisions..

If there is one thing which irritates  us  the most, is the tendency of Courts , whilst recording their Orders and decisions, against us, overlooking our most relevant facts and submissions. I am worried to find solution . Le t us first broadly look at the decision making process. Broadly, the decision making is a  process (excluding criminal trials)  wherein, having regard to the Reliefs claimed, the presiding Judge  – (a) examine s  the (legality) of facts alleged, (b) examine s  the (legality) of stand of the adversary, (c) examine s  the materials and the evidences which are placed before him in support of the facts alleged by both the sides; (d) would record his reasoned finding (prima facie or conclusive) as to the existence or the non existence of the facts alleged. The process of recording finding on facts is, testing the facts and evidences  at the touchstone of laws and precedents,  and drawing natural, lo...