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2007 Supreme(Bom) 993

SWATANTER KUMAR, RANJANA DESAI
Mukulika S. Jawalkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. Shrihari G. Aney, Senior Advocate, instructed by Mr. Amit
Karkhanis, for the petitioners in Writ Petition No. 3930 of 2007.
Mr. Jagdish Reddy, instructed by Mr. S.B. Talekar, for the petitioners in
Writ Petition No. 4644 of 2007.
None for the petitioners in Writ Petition No. 4645 of 2007.
Mr. A.A. Kumbhakoni, Associate Advocate General, with Mr. R.D. Rane,
Government Pleader, for respondents in all petitions.

JUDGMENT

Per Swatanter Kumar, C.J.:

`Judge' is a generic term. The other terms like umpire, arbiter and arbitrator are only species of judge. A judge determines all matters of disputes and pronounces what is law, now as well as what will be law for the future, and acts under the appointment of the Government. Pollock C.B. Ex parte Davis (1857), 5 W.R.523 said that “judges are philologists of the highest orders”. They are not mere administrative officers of the Government but represent the State to administer justice. His functions are to judge a cause and conduct trial according to the legal form and norms and give relief to the party. He does nothing for his own judgment or from a dictate of private will but he will pronounce according to the law and justice. Judex debet judicare secundum allegata et probata, is a maxim which controls the functioning of a judge. The framers of the Constitution of India, to achieve the goal, stated in the preamble of the Constitution of India in regard to justice and equality incorporated in, amongst others, Articles 233 and 235 and vested control in the High Courts over the subordinate courts. The Supreme Court clearly stated that judges, at whatev











































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