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JASPREET SINGH
Gyan Prakash Gupta – Appellant
Versus
Principal Judge Family Court Lko. – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Sameer Singh, learned counsel for the petitioner.
2. The instant petition has been preferred under Article 227 of the Constitution of India seeking the following reliefs:-
3. The petitioner is a practicing Advocate at Family Court, Lucknow and has a standing of 35 years. It is the case of the petitioner, that a matrimonial dispute was pending between Deepshikha Singh and Dr. Pawan Singh wherein the present petitioner was the counsel appearing before the Family Court on behalf of Dr. Pawan Singh. It is also the case of the petitioner that a petition
The court dismissed the petition under Article 227 as mala fide, emphasizing the need for ethical conduct from lawyers and the importance of judicial independence.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
Point of law: A petition filed under Section 24 of Code seeking transfer of case shall not be based on conjectures and mystic maybes - The onus is on the person who alleges bias to substantiate that ....
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
A judge who succumbs to ex parte pressure in unmerited cases helps devalue the judicial process. We must appreciate Shri Ramasesh for his young candour and correct advocacy
Parties must adhere to procedural rules and disclose previous petitions to maintain the integrity of the judicial process.
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
Writ petitions against the Registrar General must be heard by a Division Bench, and relief cannot be granted without proper jurisdiction and due process.
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