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Minkie (Service)     12 March 2010

Recusal Application

What is the procedure in a High Court for making application to a presiding judge to recuse himself from the proceedings?  The grounds are apprehension of bias.    Will such an application automatically invite a show cause notice for contempt?

 

Alternately should one file an application to the

chief justice to transfer the case to some other judge?

 

Thanks in advance

 



 2 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     12 March 2010

It will be appropriate to apply for transfer of case.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 March 2010

As stated by Mr.Boda, it not only advisable but also appropriate to file transfer application in such a case.

Since the matter is pending before high court, no such transfer petition is required.

Letter/ Representation to chief justice will do, otherwise wait till change of bench.


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