June 14, 2017

S-188 "Merely pointing out injustice to court is not enough. You have to put it, inside the legal framework."

Many years ago, I had appeared in a case before Hon'ble Justice Doraiswami Raju.

At that time, I had a vague notion that it is enough to point out to Supreme Court that gross injustice is done. Thereafter, their Lordships have powers under Art.142 to pass any order to do complete justice between the parties.

I had accordingly highlighted only injustice in my petition.

At the time of hearing, the then Hon'ble Justice Doraiswami Raju pointed out and advised to me that "Merely pointing out injustice to court is not enough. You have to put it inside legal framework."

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Now what is "Legal Framework"?

When a client tells us story of injustice done to him, he is speaking "Outside Legal Framework". Because he has no idea of principles of Evidence Act and other laws involved in his case.

But a lawyer, who has done special study of laws, is supposed to speak about injustice with reference to provisions of laws. This is called, "Speaking within the Legal framework".

Haresh Raichura 14/6/17