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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 ..... der stating therein that the Counsel for the appellant informed the Court that earlier the father of the District Judge, Shri N.B. Khatiwada (Senior Advocate) had appeared on behalf of the State-respondent in the capacity of Additional Advocate General, Sikkim, in Writ Petition (C) No. 64 of 2001, Shri Lal Bahadur Chettri v. State of Sikkim, which had been filed by the original appellant (de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest in the outcome of a case. In such cases, he is automatically disqualified 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". ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate, had appeared for the State in respect of the same subject matter. In my view, this cannot be and should not be ground for recusal from the case. The District Judge, at no point of time, was involved in any manner with the case. He himself was not appearing for any of the parties. It was his father who was appearing for the respondent, that too, for the State as State Counsel/Additional Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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