‘Convoluted’ legal jargons used in ruling forces India’s top court to set aside case


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Non-lawyers and ordinary citizens would understandably seek help from a legal dictionary to appreciate a court ruling; simply because court decisions, are often ‘decorated’ with perplexing legal jargons.

But this recent ruling authored by a Himachal Pradesh high court judge in a property dispute has baffled even the Supreme Court of India that it decided to set it aside because it is impossible to comprehend the content of the order.

Take this for example, as stated in the ruling:  “(The)…tenant in the demised premises stands aggrieved by the pronouncement made by the learned Executing Court upon his objections constituted therebefore…wherewithin the apposite unfoldments qua his resistance to the execution of the decree stood discountenanced by the learned Executing Court.”

The judges of India’s Supreme Court said it has to remand the matter to the High Court for fresh considerations on merits.

“We will have to set it aside because one cannot understand this,” said Justice Lokur.

Even the lawyers of the contesting parties were speechless as to how to interpret the ruling and even joked that they have to hire an English professor to understand what it meant.

“We normally prepare an appeal in two days’ time. However, in this case I took more than a week because the facts of the case were unclear. I had to call for the trial court order to understand the entire matter,” said Advocate EC Agrawala who is representing one party.

As if the first paragraph is not puzzling enough for the legal minds, here is another:

“However, the learned counsel…cannot derive the fullest succour from the aforesaid acquiesence… given its sinew suffering partial dissipation from an imminent display occurring in the impunged pronouncement hereat wherewithin unravelments are held qua the rendition recorded by the learned Rent Controller…”

This article has been viewed 71 times. Article originally posted: April 21, 2017, 3:08 pm (UTC-0). Last update: April 21, 2017 at 3:08 pm (UTC-0).

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