Make Such Order As It Thinks Fit - Definition - Law Dictionary Home Dictionary Definition make-such-order-as-it-thinks-fit

Definition :

Make such order as it thinks fit, The words 'may make such order as it thinks fit' in the s. vest the Court with a discretion to dispose of the property in any of the three modes specified in the s. 452(1) CrPC, 1973. But the exercise of such discretion is inherently a judicial function. The choice of the mode or manner of disposal is not to be made arbitrarily, but judicially in accordance with sound principles founded on reason and justice, keeping in view the class and nature of the property and the material before it, N. Madhavan v. State of Kerala, AIR 1979 SC 1829 (1830): (1979) 4 SCC 1: (1980) 1 SCR 228. [CrPC, 1973, s. 452(1)]