Lawstreet Journal

Even if Judge's Wife is Distantly Related to One of the Petitioners, this Nowhere Implies that Such Judge is Prejudiced: Himachal Pradesh High Court

Lawstreet Journal 13 Mar 2021 9:19pm

Image courtesy: Lawstreet Journal Judiciary Even if Judge's Wife is Distantly Related to One of the Petitioners, this Nowhere Implies that Such Judge is Prejudiced: Himachal Pradesh High Court

The Himachal Pradesh High Court on Monday, March 08, 2021 dismissed a plea seeking a declaration that even if the wife of a Judge is distantly related to one of the petitioners, this nowhere implies that such Judge is prejudiced as a sitting Judge's dissenting view as Coram non-judice and non-est in the eyes of law.

The private respondents filed the aforementioned plea seeking directions qua the judgment passed by Justice Sureshwar Thakur, who pronounced a dissenting verdict in a Letters Patent Appeals, and decided in favor of the petitioners. It was prayed that the LPA 33 and 39 of 2019 be remitted to the Hon'ble Chief Justice for the constitution of a Division Bench for hearing the LPA afresh in the interest of “justice and fair play’”. It was argued that such allegations pointed out in the application establish bias and thus, the application deserved acceptance. Furthermore, it was contended that the applicants have a reasonable apprehension of bias, which attracts the doctrine of prejudice and that be brought to the notice of Hon'ble Mr. Justice Sureshwar Thakur to seek his response about the correctness of facts and that if Justice Sureshwar Thakur denies the relationship, then this application on the sole ground of denial would come to an end, however, if he accepts the relationship, he should withdraw the judgment authored by him. Lastly, it was stated that the existence of the relationship itself establishes bias and whenever such knowledge comes on record, irrespective of the time of acquiring this knowledge, the judgment, in question, has to be withdrawn… Continue Reading...


Tagged: Himachal Pradesh High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com