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Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]
Live LawA Division Bench of the Bombay High Court recently upheld the decision to transfer a case from a lower court judge after one of the parties’ lawyers commented on the judge’s FaceBook post.Justice Shantanu Kemkar and Justice Nitin W. Sambre in fact opined that the lawyer’s act of commenting on the judge’s post is capable of being viewed. A Division Bench of the Bombay High Court recently upheld the decision to transfer a case from a lower court judge after one of the parties’ lawyers commented on the judge’s FaceBook post. The lawyer in question, Sonia Atmaram Prabhu, who was also one of the petitioners and was representing her own family before the court, commented on a Facebook post of the judge hearing her case. Such decision whether to recuse or not is purely within the domain of the said Judge who is dealing with the matter.” The Court also highlighted the gravity of the scenario where a party asks a judge to recuse himself, noting, “Asking a Judge to recuse himself by a party or a litigant is required to be viewed very seriously unless by such request certain issues are brought to the notice of the Judge taking up the matter which disqualifies him from taking such matter on the issues referred supra, viz - personal or private interest, intimacy with the party/parties to a lis etc.” Read the Order Here
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