Judicial Discretion on Recusal Requests

Delve into the realm of judicial discretion and recusal requests as we explore a recent court case where a litigant’s plea for recusal of a judge was rejected. The court’s consistent decision not to entertain multiple applications for the same relief sheds light on the legal principles governing such requests. Join us to understand the nuances of the court’s legal analysis in handling recusal matters.

Analysis

  • Litigant cannot choose the Bench.
  • Prayer for recusal of one judge rejected.
  • Multiple applications for the same relief not maintainable.
  • No valid grounds for recusal based on past decisions.
  • History of previous dismissed application for the same relief cited.
  • Applicant’s submission on recusal was not accepted.

Also Read: Judicial Review of Delayed Writ Petition

Decision

  • Earlier IA for recalling order dated 03.09.2020 was dismissed after applicant-petitioner was heard
  • Present application also dismissed after applicant was heard
  • Consistent decision to dismiss application

Also Read: Ownership Dispute: Legal Analysis on Admission and Decree

Case Title: NEELAM MANMOHAN ATTAVAR Vs. MANMOHAN ATTAVAR (D) THR LRS (2021 INSC 64)

Case Number: MA-000042 / 2021

Click here to read/download original judgement

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