Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sakshi Sakshi (Self employed)     23 October 2012

Does habeas corpus apply to judicial misconduct-civil suit?

Does habeas corpus apply to judicial misconduct-civil suit? What is the equivalent to it in civil suit otherwise?


The fact of the matter is that The civil judge is found manipulating the records of proceedings, records of roznamcha (coercing the legal cousel to ask for some gratification) 

It all resulted into:- A perverse decision/decree is already made by the same judge (original suit) and has injured the legitimate interests of the litigant.

 

Please advise to my Query as,

 

1. Does this above matter become a civil suit  equivalent of 'habeas corpus in criminal trial'?


2. What all and urgent remedies can be taken recourse of directly at Bombay HC (This is a Case in MH)?



 

Now the injunction proceeding have become infructuous due to inaction on time by judge (and compensation was not what expected in here)

 

The arbitrary and domineering conduct of civil judge (sheer incompetancy) needs to be exposed once and for all.


Appeal does not serve the objective here as it would not talk about these extraneous facts but only  core dispute under litigation.

 

Judge misused position at the time of passing decision of interim injunction.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 October 2012

Habeas Corpus is filed to seek the appearance via the police of a person in illegal/unlawful detention. In such a case appeal/revision are your remedies. Once all this happened you should have sought the transfer of the case to some other judge, why did you let the same judge remain ? Now your remedy is appeal/revision. As regards extraneous factors you can file a complaint against the judge under the P.C.Act. 

surjit singh (Assistant)     23 October 2012

Habeas corpus is filed seeking production of the body of  person. It is not that the production asked for should be in the illegal detention of police. It can be filed when it is not know in whose custody the person is at present.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register