Back
Elsy Abraham – Appellant
Versus
State of Kerala – Respondent
ORDER :
Anil K. Narendran, J.
These writ appeals are filed by the petitioners in W.P.(C)Nos.36325 of 2022 and 35649 of 2022, challenging the common judgment of the learned Single Judge dated 13.03.2024 in those writ petitions. Registry noted certain defects and the unnumbered writ appeals are listed before this Bench.
1.1. In the writ appeal with Filing No.999/2024, arising out of the judgment in W.P.(C)No.36325 of 2022, Registry noted that the exhibits are not legible in the copy of the counter affidavit filed by respondents 1 and 2, produced along with the memorandum of writ appeal. The appellant re-presented the writ appeal after removing, to the extent possible, dark shades on Exts.R1(a) to R1(c). On re-presentation, Registry noted that there are dark shades on the exhibits. It contains a small font, which is not legible.
1.2. In the writ appeal with Filing No.1010/2024, arising out of the judgment in W.P.(C)No.35649 of 2022, Registry noted that Exts.R1(a), R1(e) and R1(f) are not legible and readable in the copy of the counter affidavit filed by respondents 1 and 2, produced along with the memorandum of writ appeal. The appellant re-presented the writ appeal stating that since the
The court mandated that all documents in writ petitions and appeals must be legible, with procedures established for handling illegible submissions to ensure fair adjudication.
The court reinforced the principle that legibility and clarity of documents are essential for the proper functioning of judicial processes, mandating compliance with established procedural rules to e....
Procedural law must facilitate justice, not obstruct it, emphasizing the importance of substantive justice over technicalities.
Procedural law must facilitate justice, allowing flexibility in document production to avoid hindrances in the administration of justice.
The court established that compliance with procedural rules, specifically Rule 132 of the Rules of the High Court of Kerala, is mandatory for third parties seeking certified copies of court documents....
The repeated failure to avail opportunities granted by the court to lead evidence can amount to an abuse of process of law and delay the final adjudication of a suit.
Procedural delays in filing should not bar adjudication on merits when substantive filings are made within prescribed timelines, reaffirming fairness in litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
