Complaining against the judge
Damayanti
(Querist) 19 October 2013
This query is : Resolved
A) Making a Complaint against the judge before same judge
or
B) Rather the litigants & litigant's lawyer letting the same judge, on immediately subsequent hearing, to know that :- "A complaint is filed already against THIS Court and further details as to complaints are also being sent to HC"
or
C) the litigants & litigant's lawyer Informing to same judge, during proceedings, that "litigant is planning to go to HC for filing complaint against him as he has grievance against judge ... and thus asking to adjourn the suit for some reasonable period"
And hence/thus verbally asking the same Court to take further step (and leaving Question whether court prefers to relieve/recuse itself from the pending suit and transfer suit to another court or NOT on the Court itself, in the meantime) and thus be cognizant about litigant's plans of complaint againt him!!!! (all very politely of course)
My question is .....
Which all of the above A) or B) or C) amount to contempt of Court?
Is it mandatory to also file a transfer petition if litigant makes/registers a complaint against lower/trial Court judge before whom his suit matter is pending???
Omission to file transfer Petition by the litigant (for many reasons of financial reasons etc) ....
Isn't the High Court supposed to take first and foremost action of ORDERING A TRANSFER OF SUIT as a suo moto step?
or
litigant should file transfer petition as well?
Devajyoti Barman
(Expert) 19 October 2013
Neither of those are contemptuous.
Even if you apply in the sAme court then generally it transfer the same to other court.
For this no transfer petition needs to be filed in HC or SC.
Raj Kumar Makkad
(Expert) 19 October 2013
It depends upon the ground situation which option to apply.
prabhakar singh
(Expert) 20 October 2013
Recusal is not the business in lower courts
so you would need to apply for transfer.
Devajyoti Barman
(Expert) 20 October 2013
Well lower courts also recuse to hear the matters.
It happens with me in Magistrate Court as well as ADJ court.
Rajendra K Goyal
(Expert) 23 October 2013
Well advised by the experts, nothing more to add.
Most humble request to expert n.rajkumar ji, nobody can know full law even judges can make mistake,
requested to avoid taunting comments.
ashutosh mishra
(Expert) 23 October 2013
A subordinate court can not recuse a case on its' own,only it can write to the District Judge Who may or may not release,this the practice followed in our courts.
If a matter is of original jurisdiction of a CIVIL JUDGE where there is No ADDITIONAL CIVIL JUDGE then who will recuse and for WHOM?
ashutosh mishra
(Expert) 23 October 2013
What when the after such recusal the other side loses confidence by whom recusal was gained and there is no third Addl.civil judge.
"Justice hurried justice buried" is
as much true as
"justice delayed justice denied"
both are the face of same coin.
ashutosh mishra
(Expert) 23 October 2013
i was to part from here that suddenly i saw
a surprising post.
i can say only we should never try to spit on Sun who is stationary and gives us light without knowing how the light is being used to get burned or to get enlightened.
A few people are taken up or looked to be as angry because of the inherent qualities they possess.
Devajyoti Barman
(Expert) 24 October 2013
All the courts send the matters to the chief judge to which he is subordinate.
Magistrate if ADJ send it to DJ, HC judge sends it to Chief Justice.
Recusal showing willingness not to hear the case at hand and all the courts can do this on his own motion.
Damayanti
(Querist) 26 October 2013
My sincere thanks to all for their valued comments and suggestions
Best Regards
V R SHROFF
(Expert) 20 November 2013
can file appli to tfr to higher court.
