Judicial Dictionary



Title Observation of the Court
Details

A Court has right to make observation(s) in dealing with a matter, but it cannot make any observation(s) about the behavior or action of the writ respondent(s) in future, particularly, about the possible disobedience or violation of the order/direction/ observation of the Court, the reason being that when a Court passes an order or gives a direction or makes an observation it is presumed that such order/direction/observation shall be obeyed and complied with in its true purport and spirit. And if the Court itself nourishes an element of doubt in its mind as to the obedience or the compliance with its order/ direction/observation, then there cannot have any meaning in passing such order/ giving such direction/making such observation. And such kind of doubt by a court shall make the people's confidence in the administration of justice shaky. We would like to add further that a Court must always pass an order/give direction/and make observation in a positive way to ensure fair justice and not in a manner as quoted hereinbefore. .....Land Reform Board =VS= Md Hamdu Miah, (Civil), 2018 (2) [5 LM (AD) 117] ....View Full Judgment


Observation–
Judicial domain requires dispassionate approach and the importance of issues involved for consideration is no justification to throw to winds basic judicial norms. Observation should not be made by the Court against any person unless it is essential for decision of the case. ...Hosneara Begum, Adv. =VS= A.K.M. Bahauddin alias Bahar, (Civil), 2020 [9 LM (AD) 669] ....View Full Judgment