Cases in which Judge or Magistrate is personally interested
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Summary
A judge or magistrate must not try or commit for trial any case in which they are a party or personally interested, unless the higher court that hears appeals from their court gives permission. They also cannot hear appeals against judgments or orders they themselves made. Acting only in an official capacity or visiting a scene and making inquiries does not count as being a party or personally interested.
Example
Rohan partly owns a neighbourhood shop where a complaint for trespass is filed against a customer. If Rohan, as the Magistrate, is assigned that case he cannot try or commit it, nor hear any appeal against his own order, unless the appellate court gives permission. If he only visited the shop and made inquiries in his official duty, he is not disqualified.
Bare Act
Enacted textNo Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgement or order passed or made by himself.
Explanation
– A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.
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