CRUISING DOWN THE STREETS OF JUDICIAL DISCRETION: CONSTRUING THE EQUITABLE RELIEF IN COMMON-LAW BANGLADESH

Abstract

 Anizman Philip states that discretion starts at the dusk of law and has the potential to inflict justice and injustice. The legal realm of common-law Bangladesh historically evolved from stare decisis, which is mostly discretion in the conventionally accepted form. To better understand, specific reliefs, statutory interpretation, grant of bail in a non-bailable offence, and so on are discretionary equitable reliefs. This empirical qualitative study was conducted to expound the undefined concept of judicial discretion, its curb and extent, its possibility of misuse, and its application in the judiciary. Through this study, it has been settled that the scope of the misapplication of discretionary power is comprehensive. External factors such as the good character of a litigant influence discretionary decision-making immensely. Discretion is to courts like water is to a fish. It is inherent, whereby it finds its silver lining in ex debito justitiae. The scope of discretion is voluminous; thereby, greater are its concerns.