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Q. Can i file an application for recusal of a Judge ?

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Anonymous

posted 1 year ago

Q.Can i file an application for recusal of a Judge ?
Stage 1----A SLP was filed . I was R1. Judges A and C adjudicate. Order was passed giving liberty to the Petitioner to file review in the HC. The reasoning given to permit the review was not genuine. I was not present to oppose. Judges did not interfere with the monitory benefits granted to me by HC. The other side files a review in HC and HC allows it reversing the reviewed order of HC deleting the monitory benefits granted to me. Stage 2----- I am now petitioner in my SLP challenging the HC order in review. Judge A and D dismisses my SLP taking a stand this time that i do not deserve any monitory benefits. I wanted to object to judge A appearing again but could not. Stage 3---Now i have filed a review . judge A will hear the case again.
1)Was it Ok for judge who passed a order allowing the other side to file a review to sit in appeal when i am challenging the order of same review ? 2)Can i file an application for recusal of the Judge A from my present review petition ?

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Siddharth Srivastava

Experience: 28 Year(s)

Responded 4 months ago

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A. ) 1. Yes.
2. No, it is belated one. Review application can only be looked into by the same judge who had passed the impugned order.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
It all depends upon discretionary powers of judges and rarely your resistance will be looked into.

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