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Legal Needs
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Dec 12, 2008 11:01 am |
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Man convicted and acquitted in the same case almost at the same time! |
RVIyengar
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PARALLEL JUSTICE: HC LOOKS FOR A WAY OUT The Times of India 11 Dec 2008 HYDERABAD: The AP High Court is searching for precedents to get over the embarrassing legal tangle after the Hydmad Pasha case was heard by two benches almost at the same time, giving opposing verdicts.
Sources told TOI that some officials were specifically asked to search if there were any such cases earlier, and to see how authorities could overcome such piquant situations.
Meanwhile, Talari Anantha Babu, former advocate general of the AP High Court, on Wednesday told TOI that there were several Supreme Court verdicts which would come in handy for the AP High Court at this juncture. When asked to suggest a way out of the legal impasse, Anantha Babu quoting those judgments, said it was held unequivocally by the apex court that courts and even the tribunals have got a right to rectify their orders if they realise at a later stage that they were wronged through misrepresentation. This is called the right to recall, he said. Needless to mention, this is available to the AP High Court as well, the former AG said.
Also, some legal sources told this correspondent that the state government, through its public prosecutor, is going to file a petition in the high court seeking it to nullify the second judgment. On a parallel note, it is learnt that the authorities are enquiring into the issue of fixing responsibility on persons responsible for this faux pas.
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