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Jamai Of Law (propra)     31 December 2011

Judicial abuse:office, power, process. whos got jursdiction?

 

 

Contempt of Court, Abuse of process may also happen by 'officers of courts as well' (its not necessary that it has to happen only by litigants!!!)

 

 

If there is such an instance of Judicial abuse of power, authority, office, discretion (ofcourse, there is difference in each although in subtle ways but a lot of commonality is also there)...................

 

Either by .......... 

 

a) Category 1: The presiding officer of Court (as a lawful public servent/authority) .......... OR

b) Category 2: Any other staff of court/officers of court (as a lawful public servent/authority , judicial as well as non judicial, such as prothonotaries / oath commissioner etc) ..............OR

c) Category 3: Any Other officers of court such as attorneys/pleaders/Lawyers etc

 

................Then who has the authority to make enquiry or complaint against them ? and finally who has authority to register a case against them? (E.g. 'Contempt of court' has to be initiated by the Court itself and a litigant can make only allegation of contempt or purjury or abuse of process etc but cognizance and complaint has to be by court !!..................... But if there is such misconduct by' any of the above categories' then what is the resourse of action?)

 

 

Please explain .............in the context of

 

 

Category 1) Civil Court JD/SD or Addl/joint District Court (or the ones deemed as district Court judges in Labour/Family/ESIC/Charity Commissioners etc and tribunals which report directly to HC not under principle court/district court) ........

 

Q1. Who's got authority to make complaints against this category of officers?  

Q2. and where/who's got the jurisdiction to entertain such complaints against this category of people?

 

 

Please explain .............in the context of category 2 and 3 as well.

 

Also Please give refs of codified provisions such as code of conduct, laws and rules as well as case laws in this context.

 

 

Please share your valuable knowledge on all above

 

Thanks

JOL

 



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