Legal Question in Criminal Law in India

to challange a statement in judgement

In Nrusinghanath Deb and Ors.Vs Banamali Panda and Ors (AIR1970Ori218) at para 6 it was held: “Normally a statement in the judgment of a court must be accepted to be true unless it is properly challenged. Even mere incorporation of a ground in the memorandum of appeal has been held not to constitute a sufficient challenge to the correctness of such a statement.” How to challange a statement in a court judgment when it was written wrongly.


Asked on 8/30/07, 8:16 am

3 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: to challange a statement in judgement

The same law is reitereated very recently by hon'ble Apex court in one of its judgement. In that hon'ble apex court has said that such sort of inconsistenc should be brought to the notice of court immediately and get those dispencaries removed. Otherwise normally if something that is not said and if recorded then in that case one can file "Speaking to Minutes" note befor ethe court for corrections and rectifications

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Answered on 8/30/07, 4:09 pm

Re: to challange a statement in judgement

By way of appeal/Revision or Slp in S.C. after the lapse of more than 30 years this order can not be challenged.

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Answered on 8/30/07, 10:22 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: to challange a statement in judgement

If it is a civil matter, consider for Review Petition. If it is a criminal matter, consider Revision or Appeal.

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Answered on 8/31/07, 12:58 am


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