recusal application

Guest (Querist) 28 November 2010 This query is : Resolved
How to file an application of recusal of a high court judge, if i wish to file a review petition before any other bench on the ground of vitiated proceedings in the main petition?
Can we make a request before Chief justice of High court for such recusal?

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Khaleel Ahmed Mohammed (Expert) 29 November 2010
What do you mean of recusal of High Court Judge?
Do you think recusal - (law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves.
You can not file review petition before any other bench except the bench ordered previous have right to review order, only for the extent of any mathematic calculations or to rectify clerical mistakes.

Kirti Kar Tripathi (Expert) 29 November 2010
agree with Khaleel. However, I want to add in review petition, the points, which are raised but not decided can be taken. But fundamental principle is that even if judgment is illegal, no review is permissible. The party has a right to challenge in higher court.

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