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Kiran (manager)     25 August 2014

Want to change mm court judge

Want to change MM court judge . please let me know 



Learning

 1 Replies

Tajobsindia (Senior Partner )     26 August 2014

Ask an Advocate to submit protest Application before Sessions Court with Urgency hearing Application mentioning the facts taking cue from below;
 

1. Mention ld. MM is 'biased' and next substantiate how he is biased towards you in short paras?

2. Mention ld. MM 'conduct' picking cue from various Orders till date of the ld. MM. 

3. Next mention in short paras the conduct of the ld. MM which gives a reasonable apprehension  of not getting fair justice.

4. Also mention, there  is  every likelihood that I would not get justice, hence, it is  a  fit case for transfer to another ld. MM Court.

5. Remember with  regard to bias, proof of actual prejudice is not necessary. 

6. Submit with permission of the Court ref.: Manak Lal, Advocate, vs. Dr.Prem Chand Singhvi & Ors. [AIR 1957 SC 425] Judgment of Apex court {Para 4}


"para 4……….It is well settled that every member of a Tribunal that is called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially; and it is of the essence of judicial decisions and judicial administration that Judges should  be  able to act impartially, objectively and without any bias. In such  cases  the test is not whether in fact a bias has affected the judgment; the test always is and must be whether a litigant  could  reasonably  apprehend that a bias attributable to  a  member  of  the  Tribunal might have operated against him in the final decision of the Tribunal. It is in this sense that it is often said that justice must not  only  be  done but must also appear to be done……..”


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