
The Delhi High Court has imposed costs of Rs 25,000 on a litigant who sought to transfer a suit from Karkardooma district court based on oral observations made by the trial judge.…
The Delhi High Court has imposed costs of Rs 25,000 on a litigant who sought to transfer a suit from Karkardooma district court based on oral observations made by the trial judge. The petitioner claimed an apprehension of unfair hearing and alleged the judge showed undue indulgence to the opposite party.
Justice Shankar dismissed the petition, calling it an abuse of process. The court said allegations against a judicial officer cannot be made lightly and that oral exchanges during a hearing do not amount to a determination of issues. Such routine petitions undermine judicial administration, the court observed.
The ruling is a firm check on the growing tendency to weaponise transfer petitions against judges based on courtroom banter. Oral remarks are part of active case management and do not reflect bias. Litigants must distinguish between a judge testing arguments and actual prejudice. The test now is whether future petitions will face similar strictures or be treated as routine.
Source: barandbench.com
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