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2019 (3) TMI 1623 - HC - Indian LawsJurisdiction of a Judge - transfer petition - financial interest - HELD THAT:- In the present case, this fact was brought before the learned District Judge that earlier his father, being the Additional Advocate General of the State, had appeared for the State in respect of the same subject matter. In my view, this cannot be and should not be ground for recusal from the case. The District Judge, at no point of time, was involved in any manner with the case. He himself was not appearing for any of the parties. It was his father who was appearing for the respondent, that too, for the State as State Counsel/Additional Advocate General. In fact, in many cases the Counsel for the State appear on behalf of the State. They do not even remember in which case they appeared for the State. It is the duty of a Judge to hear every matter placed before him without fear or favour. A Judge can recuse when he or his family members’ interest is involved in the case. He can also recuse when his close relative is a party in the lis. He can recuse from a case where one of the parties is known to him and is closely associated with him. He can also recuse when he had earlier as an Advocate appeared for one of the parties. A Judge can also recuse where he had earlier given legal opinion in the matter or has a financial interest in the litigation. Application rejected.
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