Sunday, June 23, 2013

Gujarat High Court Observed: "Duty to do justice by deciding whether parties are entitled to Justice"

Recently while disposing with a Special Civil Application No.8465/13 in respect of a public Charitable Trust Hospital of Bhavnager,the Hon'ble Gujarat High Court has recalled the duty of the appellate court and strongly observed that " the Appellate Court is expected to discuss the merits of the matter, more particularly, when the entire documentary evidence has been forthcoming on the record and all the advocates for both the parties have been heard at length on facts as well as law." Again It is further ruled by the Hon'ble High Court that" Recourse to justice is recourse to a civilized means. As soon as the court is approached with a dispute or question, its very first duty is to do justice for justice by deciding whether the party or parties are entitled to justice in the context of whole relevant four corners of law. Thus, justice initially needs to be done and accordingly the court may continue or discontinue the proceedings. A situation may be, in great need of justice, but that itself is not enough to activate the judicial process, keeping the merits of the case aside". Gujarat High Court further added that "In the legal system, the courts are created and entrusted with functions and responsibilities to administer justice and for that, are vested with necessary power and authority. The Court is a Court having its own "judicial discipline� and striking the "judicial balance�, it must perform its essential function."

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