Judicial Functions Can’t Be Delegated

A judicial functioning has to be done in a judicial manner, observed the Supreme Court while holding that Section 33(2) of the Stamp Act does not empower the judge of the high court to direct the officer of the high court to enquire and to find out the nature and character of the document.

A three-judge bench headed by Justice Dipak Misra, in Black Pearl Hotels (Pvt) Ltd vs. Planet M Retail Ltd, observed that the duty of determination of an instrument or, to explicate, to determine when there is a contest a particular document to be of specific nature, the adjudication has to be done by the judge after hearing the counsel for the parties.

Article referred: http://www.livelaw.in/judicial-functions-cant-delegated-sc-read-judgment/

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