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2019 (8) TMI 197

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..... (E) dated 30.05.2019, to the Registrar General, High Court of Sikkim along with a copy of Order passed by him on 29.05.2019 in Sessions Trial (PMLA) Case No. 01 of 2018 : Enforcement Directorate, Government of India vs. Shri Vinay Rai & 12 Others, expressing his difficulties to proceed with the matter. 2. Order passed by the learned Special Judge on 29.05.2019, is as follows; "29.05.2019 .... .....

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..... grounds on which cases can be transferred from one Court to another. Paragraphs 4 and 5 of the above Order is extracted herein below:- "(4) In the present case, this fact was brought before the learned District Judge that earlier his father, being the Additional Advocate General of the State, had appeared for the State in respect of the same subject matter. In my view, this cannot be and should .....

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..... a Judge to hear every matter placed before him without fear or favour. A Judge can recuse when he or his family members' interest is involved in the case. He can also recuse when his close relative is a party in the lis. He can recuse from a case where one of the parties is known to him and is closely associated with him. He can also recuse when he had earlier as an Advocate appeared for one of t .....

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..... nyone against the Special Judge. It is also not a case where any of the party has prayed for transfer of the case. 5. Consequently, request of the learned Special Judge for transfer of Sessions Trial (PMLA) Case No. 01 of 2018 : Enforcement Directorate, Government of India vs. Shri Vinay Rai & 12 Others, is rejected. 6. Copy of this Order be sent to the Special Judge (PMLA), East Sikkim at Gangt .....

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