manu (advocate) 26 September 2010
Justice Sharma of Allahabad high court, one of the judges in three judges bench to hear ayodya case is to retire from his service by the end of this month. if he retires without prononouncing the judgment the case has to be reheard.
here my question is which provision in the constitution mandates rehearing of a case if a judge retires pending pronouncement of judgment?
R.Ramachandran (Advocate) 26 September 2010
Apart from law, I ask myself the above question from common sense point of view.
Can the judge who heard the case deliver the judgement after his retirement? My common sense tells me NO.
Next question. Whether a new judge whoever will occupy his position can deliver the judgement without having heard the case? Again my common sense tells me - NO.
manu (advocate) 01 October 2010
very true sir
law is nothing but common sense.
but court of law always goes by provisions of law and the precedents. so i just wanted to know the authorities on the said point.
anyways thanks for being kind enough to reply this query.
regards
manu
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