Judge gave a biased decision
Rauf Jalal
(Querist) 26 March 2012
This query is : Resolved
I as a lawyer am working in a district court.
I had filed a suit for partition as told by my client and the judge passed an interim stay order maintaining status quo on suit land.
After three hearings the judge asked to argue the case so that the stay can be made absolute.
I argued before the judge for about one hour and should relevant high court judgements which the judge appreciated and told me the stay order will be made absolute. But the defendants counsel asked for time to prepare their argument, so the judge gave date for final hearing.
When I went on the said date with further preparation I found the defendents and their counsel absent which was un usual to me. As the case was called I stood up to argue further but to my surprise and shock THE JUDGE SAID TO ME THAT HE HAS PASSED THE ORDERS AND VACATED TO STAY ORDER. When i told him that it was listed for final hearing he was not ready to listen and was very rude.
It looked to me that that he was influenced by the opposite party either by bribe or sufarish.
I WANT TO KNOW THAT CAN I TAKE AN ACTION AGAINST THE JUDGE. CAN I WRITE TO THE CHIEF JUSTICE ABOUT WHAT HAD HAPPENED.
WHAT SHOULD I DO BECAUSE I AM SHOCKED BY THIS INCIDENT.
Rauf Jalal
(Querist) 26 March 2012
further , the counsel, for defendant did not utter a single word while the argument was going on and stayed their like a statue.
adv. rajeev ( rajoo )
(Expert) 27 March 2012
Take the certified copy of the order sheet and send it to the registrar of vigilance of high court along with an affidavit of your client also.
Adv.R.P.Chugh
(Expert) 27 March 2012
The Judge could not have vacated the stay without recording reasons. Get an order first - see the reasoning adopted.
This seems to be a ad-interim ex parte injunction that you got - for vacation of which the other party moved under O.39 R4
Raj Kumar Makkad
(Expert) 27 March 2012
This is the best case wherein a complaint can be made against the presiding judge. Justice delivery system demands to be perfect and unbiased. Do as advised.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 March 2012
If you feel your case has merits go to revision / appeal .
Just because any given set of evidence can be appreciated in different manner other than yours can not be treated as biased .
venkatesh Rao
(Expert) 27 March 2012
First obtain the certified copies of orders and order sheet. The judge should have given reasons for his findings. Consult a senior and be prepared to fight for justice for your client and also to the society at large.
SAINATH DEVALLA
(Expert) 27 March 2012
Dear Rauf,
A further date was fixed for the arguments of the defendants,as per your query.Instead of posting the date for argument,how will the judge call a date for final hearing.Something wrong somewhere.
That day at the first instance you should have raised an strong objection,before the judge,for staying without final hearing.During such times you have to take the advice of seniors.
You can represent the case in the higher court for justice.Officially you should not directly drag the name of the Magistrate,but you can mention the injustice done in the lower court.Immediately contact a senior lawyer.
V R SHROFF
(Expert) 27 March 2012
Take copy of Roznama & all exhibit + judgement & Order, and clearly state what u said here, on Affidavit.
Analyse the wording of order.
It seems managed, So Complain, and also go for revision/ appeal
Rauf Jalal
(Querist) 28 March 2012
thanks all for your advice.... preparing for appeal . then will complain to the registrar judicial hc.
