Legal Question in Legal Ethics in India

Judgments

A Judge working as an additional judge in a high court in India was not confirmed as a permanant Judge on expirey of his term as additional judge by the Cheif Justice of the State High Court on mental unsuitablity of making judgements on even petty case. However,after a lapse of few years of not getting his confirmation ,his application for filling up a post of president of a consumer commission was considered as a retired judge and he was appointed. Agitated, few lawyers, filed a writ petition in High court and got the appoinment order quashed. But he sat in the bench for quite sometime and passed orders. Enquiries from consumer commission office indicate the orders passed are effective. Will it not be proper on the part of the National Consumer Forum president or the apex court to order all the judgments made by the conserned judge be sent for review to the competant judge who gets apoointed later as the conerned judge was already disqulified to hold the post on incompetancy? How the orders made will be taken as by mentaly competant judge?


Asked on 2/27/09, 8:52 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Judgments

If you can prove his mental incompetancy you can get the judgements reviewed/revised.

Read more
Answered on 2/28/09, 1:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Judgments

The order passed by the court are legal and are required to be enforced.

Read more
Answered on 2/27/09, 1:32 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in India