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What to do when the judge seems biassed against you?
Before deciding the judge's bias, consider these three questions about their impartiality.
1.Is the judge really biassed or am I simply dissatisfied with the judgement?
2. Has my lawyer stated all the facts that I had mentioned or some pertinent details have been left out resulting in the present order / judgement of the judge ?
3. Do I have anything to back up my apprehensions (conflict in facts, evidence in the final order / judgement ) or is it simply based on assumptions?
In case, the answer to the questions above are in negative you can approach the appellate court citing valid conflicts in the judgement here are few ways to go about it :-
A. point out the conflicting fact in the reply / petition / evidence affidavit / cross-examination to that of in the final order / judgement
B. In case something that is of utmost importance to your case is not mentioned or it is incorrectly mentioned, point that out.
Be very cautious before stating “the judge is partial” “the judge is sold” etc. Refrain to criticise the judge openly the same could result in :-
● Additional damage!
● Imposition of cost
● Contempt proceedings
● Instant dismissal of Appeal
● Adverse order / judgement
Criticise the judgement in a subtle ways here are few examples :-
Criticise inconsistencies pertaining to facts of the case
• “The Ld. Judge has proceeded erroneously against the Appellant herein, as the factum X, Y, Z have not been considered. Lack of consideration of the same will cause irreparable damage to the appellant because of A, B, C reasons''
Criticise inconsistencies pertaining to statute / case law
• “The Ld. Judge has failed to appreciate X, Y, Z despite the directions of the Apex Court in the ABC case. Furthermore, Section A of ABC act, which states clear addhearce towards PQR, have not been considered resulting in procedural irregularities against the Appellant herein”
Criticise inconsistencies pertaining to evidence submitted in the case
• “ The impugned judgement / order failed to capture veracity of evidence PW-1, wherein X, Y, Z was admitted by the Respondent herein.”
I understand how frustrating it can be, but patience and a thoughtful approach are crucial. Hasty decisions often lead to adverse consequences.
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21 окт 2024
