Civil Judge who neglected binding precedents let off by Bombay High Court with a cautionary note.

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The Bench of Justices  S. S. SHINDE and V. G. BISHT, added that the performance of Civil Judge should be monitored for a year by the concerned principal District and Session Judge.


Petitioner Yogesh Waman Athavale, who is an Advocate filed a contempt petition against a civil judge who, willfully and consistently ignoring and disregarding  the binding precedents of the Superior Courts cited by the petitioner during the course of hearing.


Petitioner in many instances observed that, respected Judge  has  in habit of overlooking and disregarding the binding precedents of the Superior Courts on irrelevant and  flimsy grounds without properly going through the text of those binding precedents.


Hon’ble High Court disposed of this contempt petition  against a Civil Judge with  the  hope and trust that the ”errant judge will exercise his judicious mind” while dealing with judicial work with greater care, caution and circumspection in the future.


And the High Court has requested to the Principal District and Sessions Judge to monitor the performance of respected  civil judge for one year by randomly checking the judgments and orders and keep the High Court informed, if required, for necessary action.


Shri Muralidhar Patil appeared for the petitioner and Shri S. R. Nargolkar appeared for Respondent and Ms. Tanaya Goswami, AGP appeared for the state.


[read order]

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