Complaining against the judge before same judge

wow, you must be really mad at the court, i wonder what all accusation you must have levelled against the judge? do you have proof? and what does your lawyer say? maam, with all due respect, you cant complain about a judge to the same judge and get away with it, he is human and when hurt can do things in anger, are you getting me? file a transfer petition, dont level any specific allegation just state that you have lost faith in the court and you would like the matter to be transffered, if you level specific allegation without any proof, then you are liable to be held for contempt of court. i understand that you are angry with the judicial system but why do you want a case against yourself? write a letter to chief justice of high court stating your problems and he may or may not consider it. dont do things in a hurry, discuss it with your lawyer/advocate and move forward accordingly.

my answer is none of the above. sorry.

regards

aashish george

Originally posted by : Damayanti
	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???

Good amibitious questions.
Too Dicey to answer.

The Judge having no vested or biased interest in the matter, cannot transfer it to another court.

Application may be moved before next higher court, for transfer or expedite matter, due to administrative or absence of judge.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Mr. Aashish has appropriately answered your query, do not invite trouble for your self by referring the matter before the same person against whom you have grievances lest you will be fishing in the troubled waters. Better file a transfer petition before the high court with reasons that the judge is conducting the trial in  a pre-determined manner, do not divulge any other detail about this.  Sometimes you must think on your own skipping the advice of your lawyer should it pose threat to your future proceedings.

Agree with above reply......

Thanks to all for the reply 

The answers given by ALL the advocates above are either wrong or at least incomplete.

The subject matter of your question comes under the topic of what is called a motion or application to recuse the Judge. Just do a search on the net under these terms and of course "India" and you will be enlightened on this topic. In general, and with an emphasis on "general," a motion to recuse is filed because it is prima facie clear that the Judge has a conflict of interest or is biased. The burden of proof is on the person who files the application or motion. For example, if the Judge's relative is advocate of the other side, that would be a conflict of interest. Or if the Judge has a financial interest or connection in the matter, no matter how small, (for example, he is a member of a society in which a flat is under dispute). Or he has a proven pre-disposition against a particular segment of people. For example, he is a member of the men-against-women-filing DV cases organization or has made a blatant conclusion at the trial itself before examining the evidence that your case will be thrown out.... Hope you get the point.

This motion or application has to be first filed before the Judge himself. After he rejects it, which 99.9% of the time, you appeal it just like any other application. That is how such matter should proceed procedurally.

Unless you succeed in the recusal proceeding, filing complaints with the Chief Justice or any other authority is childish, to say the least.   Appellate Courts themselves will rarely approve a recusal application. However, if you succeed, then you can file a host of complaints based upon the judgment rendered by the appellate court and if the judgment makes factual conclusion which are adverse to the Judge.

Finally, none of the steps taken by you tantamount to contempt of Court unless they were accompanied by words and action which were contemptuous. However, the above filings display immaturity and gross ignorance of procedural formalities of the filer.

 "I am not an advocate so my advice is free but is very practical and based upon understanding of the applicable law.I hate advocates in India and my writings reflect the same"  samir n (2helpu) has written these very words in his about me column. who does that? and that too in a forum full of advocates? here we are helping people without any selfish interest or fees and you hate us? seriously? the legal advises given here are worth peoples lives and thats what advocates do on a daily basis, i am sure there may be some bad apples in the basket, but you cant put us all in the same category. its highly disrespectful to all of us here.

 "I am not an advocate so my advice is free but is very practical and based upon understanding of the applicable law.I hate advocates in India and my writings reflect the same"  samir n (2helpu) has written these very words in his about me column. who does that? and that too in a forum full of advocates? here we are helping people without any selfish interest or fees and you hate us? seriously? the legal advises given here are worth peoples lives and thats what advocates do on a daily basis, i am sure there may be some bad apples in the basket, but you cant put us all in the same category. its highly disrespectful to all of us here. shamefull!

i am curious before i begin, 1) you are not an advocate and you google information on the net and give advise to people who need serious help. are you aware of the consequence your googled information can bring on these people who are already troubled? they say a person with incomplete information is more dangerous than an idiot! if google was the answer to every thing and every query then may be we should burn our degrees, why should we slog for years together for some people such as yourself to degrade us by using googled information?

2) damayanti ji, i should not say this, but take his advise and  file the complaint against the judge to the same juge like he ha said, or contact him and ask him how to do it. i think the self righteous samir who thinks we are giving you incomplete information or wrong information will surely come to your aid when you are regretting taking his advise. remember he is not an advocate, just because he fought some cases and googled information does not make him qualified to even be here, neither does he have the entire know how of the law. its a sad thing, really sad.

I am compelled to reply to @George's comments on my advice. However his conclusion: "damayanti ji, i should not say this, but take his advise and  file the complaint against the judge to the same juge like he ha said," says it all.

I do not know about posts on this site on other topics of law. But in this Family section, the best and most informative advice comes from non-advocates.

Advocate George's advice in his first posting is 100% wrong and makes a buffoonery of himself. His entire advice is centered around the statement , "maam, with all due respect, you cant complain about a judge to the same judge and get away with it, " That is precisely what you are required to do when you believe that the Judge needs to be "recused" as is the situation in your case. Transfer petition is a whole different ball game. 

I As far as I am concerned, any advocate giving wrong advice is a "bad apple" as that term is used by Adv. George. So by his own definition he is a bad apple. George also says that " they say a person with incomplete information is more dangerous than an idiot!" Again by his own definition, George is at least an idiot because his knowledge is certainly incomplete. In fact as he is qualified to practice law, this incomplete knowledge makes him a CLOWN, IDIOT and a MORON too. 

 For what you are seeking, the advice  write a letter to chief justice of high court stating your problems and he may or may not consider it.  is not an advice of an advocate, it is that of a buffoon, moron and idiot.  And all this without providing any disclaimers.

Adv. George, I am well-read in law and a host of other subjects. I am not googling and providing answers. But, yes, google provides a lot of answers and certainly better ones than MORON Advocates like you do. "Write letter to the chief justice..." Ha Ha! Where did you buy your LLB from?

you dont even understand sarcasm samir, how sad is that? for a person like you who has been involved in criminal cases, you are nothing more to me than a criminal. oh! i am sorry, being well read is same as having a degree? having a  licence to practice? and what do you mean by well read? so you have read books, did you pass the bar or are your frustration from being a failure in your life driving you to act like this?

i would love to carry on with you, i would love to read you insulting me but the fact remains you are nothing more than a criminal to me. my advise will stand the test, whereas your stupid advise is going to put that poor women into trouble, just because you managed to wiggle out of the criminal cases lodged by your wife does not make you an expert.

i dont expect a dignified reply from a person who hates advocates and thinks he is an advocate just cos he can google stuff, my god man! you need help. one of these days, your advise is going to get someone into trouble and that person is either gonna sue you for damages or defamation, google that! trust me this time you wont get off easy!

George!

You claim to be an advocate. You give wrong advice. And you are talking about someone suing me for defamation and damages! How pathetic. Take a look at the Bar Council Rules... Perhaps I should file a complaint against you for giving wrong advice and then refusing to correct it. Its right there. I cannot get better proof than this! Do not worry I am not going to do it because I know that your intentions were not bad, just that you are an idiot.

People do not rely on my advice because my advice has clear disclaimers. It is you who has confidently put forth patently wrong advice and as an advocate people are going to rely on it.

Its not too late to admit that your advice was patently wrong!

please by all means, give it your best shot mr. samir, name calling me shows the level of maturity you have. please, go see a doctor! all those cases have taken a toll on you, i can understand. please mention your complete name and address in your complaint that you file against me, then this dumb advocate will show you were you are wrong. its not about right or wrong anymore, its about you not having any respect for people who spend time here. i am wrong, and you being the savior must correct me. dont have any mercy on me please, file your complaint against me and lets see where it takes us, what say?

so, do tell me when can i expect your complaint? make sure you google everything before you sent the bar council your complaint. ok, dont want you to make any mistakes.

yes, its all right here, strange! is not? the proof that you are gonna use is all here. that makes your complaint even more easy, does it not? i am waiting. you are so "intelligent" and "well read" i am sure your complaint against me will surely cost me something? dont make me wait long alright?

George, I have no intention to file a complaint as I had indicated, for the simple reason that you most certainly meant no harm to anyone.  I had got an advocate suspended for a short time and I know how disastrous it was for him but he deserved it. I am fully aware of the procedure. Also, you should know that truth is the absolute defense to defamation.  All the advocates who express their opinion here need to be commended for taking the time to participate but it is WRONG to give inaccurate advice with confidence. People do rely on your advice more than they will rely on the advice of non-advocates, no matter how fluently expressed. Therefore, anytime I find wrong advice given by an advocate without and disclaimer, I intend to criticize it with the use of words I know best. If that advocate continues to give wrong advice WITHOUT DISCLAIMERS despite my repeated warnings, I will, then file a complaint with the bar council.

All I ask is that you advocates give some disclaimers which cost nothing. Something like, "based upon the limited information that you have provided, I think that... but it will be necessary to do some additional research... or..." Thats all... Nothing more. Is that too much to ask?

now the tone has become a little bit respectful, so i will respond in the same manner,

1st i urge you to complaint against me and get me suspended, i need a vacation anyways. if you were fully aware of the procedure then i am guessing you know how it will go. i am sorry, how is name calling an advocate, insulting someone the truth? thats defamation samir, come on, you know it. after all you are an expert yourself are you not?

2nd we here can only advise, you know that, even if you go ahead and take our advise, u need an advocate to represent you and he will know his job (i am assuming), you cant just take our advise and leave for court and file things on your own (yes you can, but its not advised) and if you do, you are bound to make mistakes for which you cant blame the advocate here. even if you do, it wont fly. atleast not in court. so, rest assured no one is going to get their life ruined by my advise. this forum is for us to help people who are confused, its a help, not a contract, neither are they our clients, but yes, we should give them the right advise to the best of our abilities.

3rd and educated person or a well read person will never resort to the mannerism you have resorted to, criticizing is not abusing, or name calling or insulting, you can not behave in this manner and expect people to silently sit and listen to it. if you think i have given the wrong advise then you can say so, but not in a manner which damages my image and reputation.

4th and yes, disclaimer costs us nothing, we take out time to reply and we may time and now forget to give disclaimers, that does not mean that you will start insulting advocates call them hurtful name, damage there reputation and treat them with contempt? not only that by seeing these comments off yours you are hurting their reputation which in turn will hurt the lively hood. who is responsible for that? just because we did not give disclaimers does not give anyone the authority to call us names, judge our character, abuse us, or question our integrity. that my dear friend is wrong! and no amount of justification will suffice. you can bet my dollar on that.

5th, you may mean well for people here, but being rude, abusive, aggressive, saying that people are idiots, demeaning them, defaming them, asking them questions like where you bought your degree? and all the other rather disturbing and hurtful things written here cannot be justified in any which manner. so, if i am wrong, i am honorable enough to face the music at the bar and i dont need any pity. so, if you file complaint against me, i wont hold it against you. i will show the bar my side of the story and then do the needful. people who have known me in this forum have seen my post and called me up personally for my manners and respect which these days are rare to find, so, all of them know, if i was being rude or speaking in this manner, then i was pushed and shoved into acting in this manner.

6th i am ready for my punishment, take your shot when ever you are ready. trust me samir, i have never had an intention to hurt anyone even by mere words, i think that i am educated and should not stoop so low as to show my education in this manner. my record is clean, my intentions are clean too, i am honest and i have no need to fear threats which are given to me directly or indirectly. your intentions may be good, but the path that you have chosen is wrong. accept your mistake 1st and then ask people to correct there own.

regards

aashish george