Will my Transfer Petition be allowed?..to 'Court of Principle Judge' in Family Court?
Damayanti
(Querist) 21 February 2011
This query is : Resolved
Please understand the harrasement that I have been going through, But I am NOT ready to buckle under any pressure.
I am afraid that my application should not sound as I am unncessarily making a fuss. But I have some important hings in my case suggest 'there is definitely something more than it meets the eyes'.
I also do not want to say anything about any judge as well as any previous decision (which is a contempt) but I also want to fetch attension of Principle Judge at least about malpractices that are going on.....
My Query as follows:-
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Can a litigant demand to 'change' lawyer of opposite party? Or the bench clerk? Owing to suspecious nexus between the two.
If the answer is 'No' , then, Can it be at least be a ground to ask for 'transfer' of petition to other court, like the court of Prin Judge, where lawyers also have a limited influence obviously.
The lawyer being very influencial one and seen to be frequenting the Hon Judges chambers as well at times.
Vide transfer Petition, as I am unsure whether I would be delivered the justice and a fair trial.
Only one ground of 'a biased judge', to ask for transfer of case to other court, is very restrictive....
There are many actors and factors in the whole judicial apparatus which are involved in the court room...and bench clerk is one of the crucial element where the even judges don't have the complete control as well as many things don't reach to the judge, and hence even though the judge is not directly responsible (and hence no direct imputation) for any bias created against me, there may be a case of 'constructive bias/Indirectly induced bias' due to all other circumstance and by comments passed by the bench clerk (who is also supposed to be equitable and unbiased...this is a gray area which is not addresed before in any case...and nobody tried may be especially any appointed lawyer won't do against the 'system' but people such as 'party-in-person' shouldn't feel scared to raise the voice against this gray area!!)
Can't I seek to recuse myself instead to change the overall apparatus of 'Justice'
If I am subjected to prove only the 'judge's bias' against me then I can't prove it as well as I would be afraid to take such measures in the first place. This leaves me remedyless which is injustice to me.
Does my transfer petition has merits?
Please give me a right/mature advise and your comments would be appreciated.
Would I be inviting wrath/some more trouble (Judge, clerk, lawyer), if transfer petition gets dismissed against me.
Thanks
Devajyoti Barman
(Expert) 21 February 2011
Though it is always hard to prove the business of the Judge but at the time hearing of your transfer petition you have to submit a prima facie instance or proof of biasness. To me once you cast aspersion on the Judge the Court hearing your transfer petition would allow your transfer as rejection of transfer may make vulnerable before the same judge.
Damayanti
(Querist) 21 February 2011
Special Thanks to Barman Sir,
Would it better to make a complanint at the registrar of the Court, instead? Another staff-member in the same court room suggested me that.... bench clerk is behaving on the directions of opposition Lawyer and also said that she might even change pages or make changes (it takes only one stroke of a ball-pen to change 'UnEmployed' to 'Employed' on the page of an affidavit and also a sign besides it to MAKE IT LOOK as if it was typing mistake!...I don't have proofs although I have seen it..Bcos I didn't file for cert. copies on each hearing!! But its impossible even for lawyers)... and better make complaint about it to registrar! But it may not completely end the problem!
Hence instead I am contemplating to transfer myself!! if Hon Prin Court permits me!!!
There is no doubt in my my mind that 'Newly appointed Hon Judge is highly biased against me' I don't have proofs on paper. But I have proof of nexus (rather undue influence, bypassing of court procedures time and again) of opposition lawyer and the bench clerk!
Even if I had a lawyer and if that lawyer had buckled in front of opposition lawyer, situation would have been the same!!
I know 'transfer petition' is a very grave matter!!! and like taking on with the crocodile in the deep waters!!
But I am really frustrated of all this.
AS IF all this was not enough!!!.. I have already experienced 'discretionary Interim Orders'(rather made without logic or without due care!) which makes the other innocent party run from pillars to posts to get it corrected in right forum, and everybody can't move the HC every now and then!!
Guest
(Expert) 22 February 2011
appoint an effective lawyer in order to tackle the situation. If you have no means file as a legal aid authority of your area to look into your case in trail court and also in highcourt. They will guide you.
V R SHROFF
(Expert) 08 July 2014
GET CERTIFIED COPIES SAME WEEK; AND POINT OUT ANY DISCREPANCIES in writting; Let it be on the court records.. ..
ajay sethi
(Expert) 08 July 2014
3 years old query?
V R SHROFF
(Expert) 08 July 2014
to pinpoint trend of querist for last 3 yrs!!! safeguard Experts!!
