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ashok kumar (Social Worker)     18 May 2013

Action against judge

 

Action against Judge

In a civil case the district judge impounds an agreement for sale and orders it to be sent to the DIG stamps for investigation. The lower court’s decision is challenged in High Court and the case is settled by a compromise between the parties. While writing the decision the High Court specifically observes that due to the compromise, the decision of the lower court becomes infructuous. The copy of the High Court Judgment is sent to the concerned lower court also. Yet, ignoring the Judgment, the district court carries out its order (which is made infructuous by the High Court) and refers the matter to the DIG stamps as a result of which an ex parte decree for recovery of stamp duty dues is levied on the buyer.

 

What action can be taken against the District Judge for having carried out its order despite the High Court Judgment declaring the order as infructuous



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