How to can take action against judge?

Yes it it contempt of court.

Thanks @ jsdn.. And where and how can I file a complaint against the judge for this? Thanks..

@ Author

None of these are needed and in my opinion where is the Contempt in this brief! Reason being can a Magistrate converts what s/he said verbally announced into days Order Sheet of respective proceedings dates of last 7 months? The answer is simple all Govt. servant never do that and if s/he has ever stated as material records as per facts by you herein then State’s HC ‘vigilance cell’ with CC to District and Sessions Court ‘vigilance pair cell” is approach.  

 

But I have all together a different suggestion knowing your case on and off and reason of my suggestion is only one fold ‘conserving self energy’. Now the suggestion is to simply file a Application U/s 29 DV ACt before Sessions and District Judge to transfer your case to competent Magistrate Court within the Jurisdiction District with direction to announce Interim Order on case argument heard till date within 1 week and or dismiss the Case as nobody’s fault that after Interim argument heard 7 months ago the Interim Order is neither reserved nor passed accordingly and as a consumer of the Court it is your Constitutional Rights to get ‘justice’ and not time pass more so over in ‘party in person’ cases !.


State as merit grounds in your application the two – three reason of delay frivolously stated by concerned Court’s presiding Officer and same you brought herein before us and your work will be done. Opting District and Session Judge forum is just 1 days work and for that all one needs is get the matter listed under “Urgent Application” category with signature / remark from filling sections Registrar of the District Court to put this matter next day of filing before District and Sessions Judge. Here check with filign windown who is paired Sessions Judge to your case Magistrate. It is going to be heard ex-party believe me. See there should not be any love affair between consumer of a Court and a Magistrate in criminal proceedings which are under disguise of civil case perception such as DV Act afterall the purpose of DV Act’s protection order relief is it not ‘speedy relief’ that is for what legislature brought this Act and women brigade shouted for the same? If it is not so then make alternate prayer in same application that is to waive off delay period if when (if the) Interim Order goes in your spouse favor J  This may be un-heard of prayer but see you are consumer of Court and not time passer and message will get conveyed to District and Sessions Judge that you want business even though you are appearing as party in person. Now put the District and Sessions Judge “in a box situation” and see what relief as para wise prayed you get next dayJ

 

1. Number this Appeal.
2. Call for trial Court records.

3. Transfer this case to another Magistrate Court
And or as alternate relief
4. Waive off delay months from any Order passed in favour of Applicant / aggrieved person and grant same in favour of Respondent / Husband and continue the case in same Court.

There is a trick for party in person people out here. That is always built a alternate Certified Copy of all filed documents by either side so that in such instances as stated in this brief you can quickly force concerned Court to rebuild case file and avoid delays. I am aware it is expensive way but then party in person appearance itself is ‘cumbersome practice procedure’ which many Court try to take h/er for a delay and latches ride but then one do not have alternate so that is the norm one adopts if forced to come to that level such as your case here before us in ink.

 

Always maintain 'josh' and 'hosh' contesting matrimonial suits and don't sway with only one advise thus received ! hence I disagree to advise of @ JSDN as it is not based on material reasoning (material here is if those statements of PO written in ink and mere verbal saying by a PO does not carry any weight, infact may misfire more so when this queriest is appearing as party in person)

 

 

Also remember HC and or DJ cum SJ taking Contempt is based on three ingredients and for explanation on those refer to one of my older post on contempt explanation and I see the very first ingredient missing hence this disagreement with @ JSDN.

My appeal u./s 29 of the DV act is pending in the sessions court for 1 year 3 months now (since september 2010)...How to handle this...please throw some light...

 

Vikram

Thanks@tajobs. I have applied for certified copies of the order sheets already. Should get them this week. Will look at them and decide what to do. But in the meantime where and how can I file a complaint against the judge for wasting court's and hence the tax payer's money?

@ Author


1. It is to be kept in mind, when attacks or comments are made on a judge or judges, disparaging in character and derogatory to their dignity care should be taken to distinguish between what is libel on the judge and what amounts to contempt of court.

 

 

2. What you aim to achieve is found under "complaint against a Judge application" and not under "contempt of Court suit" and best is "transfer of Court application" as having lost faith in justice delivered to be by concerned Court's PO please understand in your 'hosh' state of mind the most easiest and fastest route if you are eager to know outcome of Int. Order.

 

 

3. If you are in doubt then look at any Courts Cause List; pan India average is found to be 55 case listing each day + tea time + lunch time + evidence recording time + judicial dictation on interim to final orders EACH DAY + leaves of a PO + lack of secretarial staff + some or other absence of some or the other court staff  each working day + Court PC not functioning + may be the printer on some days is out of paper and or ink + server malfunction + prison visits for identification + training courses he/she are sent to each day + some seminar attendance + maternity leaves + some chief guest arrival at District Court so her/his attendance also needed there + shortage of Judicial staff + so many judicial functions each Judges have to do between 10 AM to 4.30 PM. That barely leaves a Judge with time to pass Orders same day in most of the cases pan India. However the remedy to your brief situation lies only under an Application of complaint against a Judge and/or an application for transfer of Court and or as earlier advised in both cases your case will only get transferred and nothing else may happen. If you plan to challenge only one Authority then atleast aim to challenge the whole SYSTEM as a whole as changing one person does not make any difference as it is only power of HC and above to take Contempt against a Judge.

 

 

Complaint against a Judge / transfer of court application is also filed before District and Sessions Court and or before High Court with all meritious grounds. If during enquiry found to be coming under para 3 then what remedy you shall got out of these exercise as party in person! Think.

 

 

Your first brief is not a fit case for contempt of court suit matter as defined under Contempt of Court Act, 1971 at all as where is a written order from Judge that he does not have time to pass Order and or where is his written order stating that file got missing and or where is even your written protest application before same judge on subsequent date that you want immediate order and cannot wait 7 months and beyond.....etc. ???

 

 

A ld. Judge of HC and of Ld. DJ cum SJ will dimiss such application (if you file contempt of Court say) with remark may be such and or similar as these worded that also if you are born licky....

 

 

"Heard argument of petitioner who is appearing before us as party in person.

 

Heard few narrated verbal announcements of PO of concerned Court where this matter is called from.

 

His only averment is delay in passing Interim orders in a complaint case under PWDVA in short The Act, 2005 instituted by his wife against him as aggrieved person / Applicant therein.

 

Called for and gone through trial Court records.

 

 

It shows there was no imminent danger of interference with the administration of justice, nor of bringing a administration into disrepute. In that view the concerned Presiding Officer was not guilty of contempt of the court. The proceedings during last seven months of the trial Court read in its proper perspective, did not bring the administration of justice into disrepute or impair administration of justice, though in some proceeding date such alleged to have been made verbal communications language used could have been avoided by the concerned presiding officer hearing DV Act complaint having background of being instituted by wife / aggrieved person to the appellant husband before us. The presiding officer perhaps could have achieved his purpose by making his assurance of announcing interim order in stated case no. such and such at the earliest but his facts deadly. We direct the presiding officer to announce the Orders on interim application of the aggrieved person / wife at the earliest. Let our orders be transmitted dasti to concerned Court.

Appellant is direct to appear before trail court on such and such date.

The petition stands dismissed with no order to Cost."

 

 

At this stage it has been brought to our notice by way of vehement request by the Appellant that a Dasti copy of our order may be given to him also. Let the Court Master give copy of our Order under his signature and stamp dasti.

 

 

Sd./

DJ cum SJ

Dated....

 

 

Also under Contempt of Court Act (the Amended one) Civil contempt is basically wrong to the person who is entitled to the 'benefit of a court order' while criminal contempt involves defiance of the court revealed in conduct, which amounts to obstruction or interference with the administration of justice. In your brief have you already got any "written benefit of the court order in hand" that has been disobeyed by other side ??? The answer is NO. All that you are saying before us are some 'verbal' assurances and or verbal replies by a Judge to you in open Courts on various proceeding dates. There is no material record of such verbal versions is it not so....???? That is what I asked in my first reply to you this morning so where will you stand in a contempt of Court case if ever you file one - nowhere - hence stop calling and or asking us what happened as contempt which you are thinking is infact there is no contempt but simple delay and latches due to pending and overflowing court work load which has caused such delays in justice delivery system A 'complain against a Judge" is what may be filed that also with proper 'hosh' and or 'josh' if you want some activity to keep yourself engaged.

 

 

In my opinion you should have gone to Sessions Court after the first wasteful date according to you and not waited 7 months to showcause today that the Judge is in-competent. If you can wait 7 months then sure you can wait another 1 year for Interim order is what translates since Judges are covered under para 3 and you are respondent in a complaint case not even Applicant. There is no representation of complainant wife to get speedy justice. Now shall you take Hanuman's leap to overcome para 3 limitations of Judges gifted by the very System appearing as party in person?. If yes then by all means file a written "complaint against a Judge" with all delay grounds and reasons of delay verbally told till date by that Judge mentioning therein and file the same before District and Sessions Judge and send a copy to State's HC to The Registrar for action taken under intimation to you.

 

 

Try not to end up like E.M.S. Namboodri v. T.N. Nambiar famous case.

 

Hope this rest closure of this discussion on what to file and where to file!

Gurudev, simply "transfer of Court" ka eik application Sessions Court mei dalo jisme sarey hurt feelings likho apani apka kaam ho jayega kyu pange le rahe hon sare system sey.
 

All the best. 

Thanks@tajobs. What you said makes sense. Let me get the certified copies of the orders and see what is written in them. Furthermore I have already filed an application for disposal of the case. In it I have submitted my medical records stating that one fifth of my brain is destroyed permanently by the stroke with no possible medical remedy. Which also states the poor condition of my health and that these legal matters are very harmful to my health and recovery. I have requested disposing the case since it has been over one year. Or to defer all proceedings in the matters till I have recovered sufficiently. Or if my request is not accepted then I want to accept all charges. And based on the prisoner acts 1900 and 1985 a person needs to be of sound mind and medically for for admission or detention in prison under any circumstances. And I don't qualify on both grounds based on my medical certificates. And the SC has endorsed this view and acts. So I don't think the interim orders matter anyway because I will not allow the court to proceed further against me as explained above. I just wanted to take a stand for other people who suffer due to inept delays by judges by filing complaint against the judge. And so I wanted to know where and how to file it.. Any idea of what is the best way to make sure the judge suffers some inconvenience and humiliation at least, so that she thinks twice about making parties suffer needlessly in the future? @ tajobs..

Mirage

Along the lines of TAjobs, try not to attack the character of the judge but present a case of appeal on the grounds suggested by ta- lost faith in justice delivered. You can try second or third opinion from retired judges on how to attack a judge ( legally),

There is some serious technicality involved here in this appeal. Dont walk alone and dont leap, you are no hanuman. 

PS: How on earth did you manage to destroy 1/5th of your brain :). Who gave you the papers. Send me via PM. Your language, grammer and articulation of thoughts is better than some of the advocates - so its hard to beleive. May be the judge doesnt beleive it either ? 

Tajob has given in depth analysis., forget about personal complaints. It will spoil your case.

What exactly you want to achieve than select course of action.

I have a related querry.

A son is handling multi million property of his mother with help fo POA but keeping the aged mother worst than a maid servant. She is illiterate so even not aware what is going on in her name.

Can a public person initiate action under DV act , what will be steps.

Thanks@Adam. Basically I had a brain stroke three years back. It destroyed around forty percent of my left brain, where all the language is stored. Also motor functioning of right arm and hand. And some memory defects. Doctors said I can't speak or write again. Three years back I could not say yes or no even. It is by constant self therapy with help of friends and family that I have learnt to speak and type again somewhat. I still can't write. I have to take constant physio therapy and speech therapy and medication for the rest of my life. I was treated in Fortis Delhi by one of the top doctors in India. She has attested my medical reports and MRI brain scan. I was very intelligent before the stroke, had a top 500 iit rank, top 50 dce rank, top 1 percentile gmat score and so on. Basically my intelligence level has become half of what it was before the stroke, and I guess that is good enough, regarding your observation about my prowess of articulation etc. If you don't believe me I can mail you scan copies of my medical reports, MRI etc. One thing I gained after battling the stroke is lot of courage, conviction and absolute lack of any fear. Hence I end up scolding some judges and police persons at times, when they think they can scare me as I don't have legal education. Regarding any technicality in my appeal, I have done a lot of research about any case against brain stroke patients, I did manage to find one case regarding brain damage in SC, ramabhdran nair vs ABC, and I am quite sure about medico legal extent. In a few years when I recover some more I plan on filing a lot of petitions in SC based on my sad experience with courts and police arguing about constitutional rights.... But first things first..

Thanks@jsdn. My case can't be spoilt as I won't allow it to go on any further based on medico legal aspects as explained earlier. The judge has ignored my medical reports and has basically done nothing for last seven months now. I just wanted to know mechanism for filing complaint as I want her to explain to someone what she has been doing for last seven months other than sit on her ass and waste tax payer's money....