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TMI Blog2019 (3) TMI 1623X X X X Extracts X X X X X X X X Extracts X X X X ..... t too, for the State as State Counsel/Additional Advocate General. In fact, in many cases the Counsel for the State appear on behalf of the State. They do not even remember in which case they appeared for the State. It is the duty of 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 the parties. A Judge can also recuse where he had earlier given legal opinion in the matter or has a financial inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isqualified from hearing the case. In cases where the interest of the Judge is other than financial, then the disqualification is not automatic but an enquiry is required where the existence of such an interest disqualifies the Judge tested in the light of either on the principle of real danger or reasonable apprehension . (3) In the matter of Trishala vs. M.V. Sundar Raj and Another : (2010) 15 SCC 714, the petitioner before the Hon ble Supreme Court requested that the matter be remanded to the High Court and be heard by another Judge as the Judge who was dealing the case in the High Court earlier had appeared as a Standing Counsel for the Municipal Corporation. The Hon ble Supreme Court held that it cannot be held that simpl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lative 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 the parties. A Judge can also recuse where he had earlier given legal opinion in the matter or has a financial interest in the litigation. (6) In view of the above, the application sent by the learned District Judge, Special Division-I, Sikkim at Gangtok (i/c), is rejected. (7) This Transfer Petition, accordingly, stands disposed of. (8) Let a copy of this Order be sent to the concerned District Judge. (9) Since notice was not issued to any of the parties, the Registry is directed to send a copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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