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Q.

Very often lower cour judgements are turned down by higher courts, though the law being interpreted by both are the same. So why no action is being taken against the lower court judges ?

Tags: lower court, politics & government, law & legal
Asked by Babu K, 15 Jan '13 01:20 am
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Answers (8)

1.

They cannot be punished because their judgements are legally correct.
The higher courts are superior to the lower courts with judges of higher experience and even higher qualifications and whenever they turn down the judgements of the lower courts, they give reasons for the same.
This is an acceptable fact in all the courts throughout the world.
Answered by Francisco, 15 Jan '13 02:17 am

 
  
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2.

The only reason is that the judges of the lower forum are not the interested parties adjudicating the dispute between contestant parties. If we assume, judges are to be punished, they are to be first established as a potential beneficiary of the judgment. In that case the judiciary loses it position and acceptability. It is always possible that a judge was not correct in interpretation and application of law in particular case. To remove that grievance, there are higher judicial forum.
Answered by soumyen sarkar, 15 Jan '13 10:19 pm

 
  
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3.

Judicial Officers Protection Act saves them
Answered by vishwabandhubajpai, 15 Jan '13 05:52 am

 
  
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4.

Some more fine interpretations and proofs make the upper courts to change
Answered by Om Shrivastava, 15 Jan '13 01:29 am

 
  
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5.

Because the seniors at higher courts are better equipped
Answered by rajnikant raiyarela, 15 Jan '13 05:19 pm

 
  
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6.

Higher court takes more time for detailed analysis.
Answered by anantharaman, 15 Jan '13 09:01 am

 
  
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7.

Allround reforms are still in infant stage. Judiciary and even police need to have more reforms. Because vesting power in one hand leads to autocracy, we have adopted democracy. Judiciary system is such, a word from a judge is become gospel. If all other departments are accountable, judiciary also should be accountable for the wrong judgements and pending cases. Even police also accountable for maintaining peace in their command area. Any thing going wrong, police should be made accountable.
Answered by dinkar shetty, 15 Jan '13 08:12 am

 
  
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8.

The judgments are purely delivered based on the strength of arguments placed by the lawyers. When a particular lawyer puts forth his points strongly with sufficient proof to show, then Judge favours his argument and gives a judgment. Whereas, in a higher court, the lawyer for the opposite side might have collected more evidences to prove his side of contention and convinced the Judge about the facts of the case. That is how, normally the case gets twisted and decisions of lower courts are turned down.
Answered by Seshadri Srinivasan, 15 Jan '13 07:05 am

 
  
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