can a standing counsel who becomes a judge can give judgement matters related to his previous related cases or subject matter of the cases he dealt
6 Replies
AnonymousLLB19 Apr 2012, 12:30
No he has to excuse himself..
AnonymousLLB20 Apr 2012, 06:27
I think he will recuse himself if he wants to play fairly. But, this is entirely VOLUNTARY, I believe !
There was a case in Bombay HC in which the lady petitioner pointed out to the Judge that the Judge’s father (a former judge!) being an interested party in private school business justifies her request for the Judge to recuse himself. But the Judge refused to recuse. The ruling went against the petitioner who got it reversed in SC through appeal.
Hello Sir, I got married my husband took money from my father for business purpose and gave a post dated cheque to my father, while writing on cheque he told me to write on the cheque and my husband signed on it, now due to some issues im not staying with him and planning for divorce in this situation he kept 420 case on me, by stating that I stolen that cheque which was signed on blank cheque and kept with him. Please help me in this situation.
nadaraasan1 May 2012, 14:36
He had no business to sign a blank cheque.
A person writes an instrument from top to bottom.
Inasmuch as he had accepted that the cheque had, indeed, been signed by him, he is bound to honour it.
There is no question of Sec. 420 here.
Take heart!
nadaraasan1 May 2012, 14:37
No.
SudhaRani6 May 2012, 09:56
Hi All, I kept 498-A case on my husband and his family, to come out of this case my husband misused my personal photos when I was with him at matrimony home and kept those in prone sites with my name, he took printouts of those and kept case on me as I myself kept my photos in net. Even police were not listening my words as they took much money from them. Without proper investigating police had remanded me for one day, My husband kept condition, if I withdraw my case 498-A then only he will withdraw his case, As we are from traditional family we thought not to make issues as they have my personal photos. We accepted for withdrawing the case, court gave 90 days observation period for 498-A case. Actually my husband kept adds in net as “WANTED FEMALE GIRLS FOR EROTIC SERVICES”. As I have proofs of those adds he tried to blame me in this way. I dont want to leave him in this way Can any one help me in this situation.
6 Replies
No he has to excuse himself..
I think he will recuse himself if he wants to play fairly. But, this is entirely VOLUNTARY, I believe !
There was a case in Bombay HC in which the lady petitioner pointed out to the Judge that the Judge’s father (a former judge!) being an interested party in private school business justifies her request for the Judge to recuse himself. But the Judge refused to recuse. The ruling went against the petitioner who got it reversed in SC through appeal.
Do not wish to name the Judges involved, but you can learn more from http://articles.timesofindia.indiatimes.com/2011-11-09/mumbai/30377084\_1\_mumbai-school-adhishree-gopalkrishnan-expulsion-order and
http://www.mumbaimirror.com/article/2/2010083120100831043053404b1757cd2/HC-refuses-to-review-order-in-Vibgyor-case.html
Hello Sir, I got married my husband took money from my father for business purpose and gave a post dated cheque to my father, while writing on cheque he told me to write on the cheque and my husband signed on it, now due to some issues im not staying with him and planning for divorce in this situation he kept 420 case on me, by stating that I stolen that cheque which was signed on blank cheque and kept with him. Please help me in this situation.
He had no business to sign a blank cheque.
A person writes an instrument from top to bottom.
Inasmuch as he had accepted that the cheque had, indeed, been signed by him, he is bound to honour it.
There is no question of Sec. 420 here.
Take heart!
No.
Hi All, I kept 498-A case on my husband and his family, to come out of this case my husband misused my personal photos when I was with him at matrimony home and kept those in prone sites with my name, he took printouts of those and kept case on me as I myself kept my photos in net. Even police were not listening my words as they took much money from them. Without proper investigating police had remanded me for one day, My husband kept condition, if I withdraw my case 498-A then only he will withdraw his case, As we are from traditional family we thought not to make issues as they have my personal photos. We accepted for withdrawing the case, court gave 90 days observation period for 498-A case. Actually my husband kept adds in net as “WANTED FEMALE GIRLS FOR EROTIC SERVICES”. As I have proofs of those adds he tried to blame me in this way. I dont want to leave him in this way Can any one help me in this situation.