1995 (10) TMI 238

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or the purposes of this petition be noticed as under. 2. A civil suit bearing No. 96-A/1988 was dismissed in default. The counsel pleaded no instructions on 6th of April, 1994. Later on, an application was preferred for getting the suit restored. This application was dismissed by the trial Court on 1st of October, 1994. Against the above order, an appeal was preferred. This appeal sta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... isposal of the case should not be made part of the judicial record. The decision given by the Supreme Court in the early 1960's be noticed in this regard. This decision is reported as The State of Uttar Pradesh v. Mohammad Naim AIR 1964 SC703. It was held asunder: ....If there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... laining or defending himself; (b) whether there is evidence on record bearing on that conduct justifying the remarks; and (c) whether it is necessary for the decision of the case, as an integral part thereof, to animadvert on that conduct. It has also been recognised that judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... disparaging strictures passed by them against any party may be mistaken and unjustified and if so, they may do considerable harm and mischief and result in injustice..... 7. Again, similar view has been expressed by the Supreme Court in A M. Mathur v. Pramod Kumar Gupta AIR 1990 SC 1737. In para 13, it was observed as under : Judicial restraint and discipline are as nec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... am of the view that the remarks made in this case against the counsel required to be expunged. 9. It be further seen that the Court below has been influenced to the conduct of the counsel. The appellate Court, therefore, would reconsider the matter without being influenced by the conduct of the counsel. Let a fresh order be passed. Order, dated July 7, 1995, is being set aside. This .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X