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Can judge writing false statements in judgement be punished?

Page no : 2

N.K.Assumi (Advocate)     27 January 2018

Consider this, if the plaintiff witness stated in his deposition that the the husband is hot temper, but the respondent witness stated that the husband is cool and only in extreme situations he lost his control from getting angry, and the judge took decision that the husband is of hot temper. Is that a conduct unbecoming of a judge, and a criminal act? The answer is simply a big NO.From here we have to see whether Family Court Judge qualify the word Judge in strict sense of the term to qualify as a "Judicial Officer", and that is the crux of the matter, that is to punish him or not to punish him.

 

TGK REDDI   27 January 2018

If the judge believes any one, or neither, of them, the judge is not false.      But if he decides contrary to all the witnesses, he is said to be not in good faith unless he puts forward good reasons.    

In the presence of doubt,a Plaint can't be rejected and a Complaint can't be dismissed.    But Plaint can be dismissed or the Accused can be acquitted.

N.K.Assumi (Advocate)     27 January 2018

Yes, that is absolutely 100% right. In any judicial proceedings, a judge can not agree with all the contradictory statements of witnesses, who are battling to impeached the credit of witness statements one way or the other. Simply because the judge lean in favor of one of the statements, that itself does not amount to impute him with judicial misconduct.


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