1995 (10) TMI 238

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...., J. 1. The brief facts for the purposes of this petition be noticed as under. 2. A civil suit bearing No. 96-A/1988 was dismissed in default. The counsel pleaded no instructions on 6th of April, 1994. Later on, an application was preferred for getting the suit restored. This application was dismissed by the trial Court on 1st of October, 1994. Against the above order, an appeal was preferre....

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....should not be made part of the judicial record. The decision given by the Supreme Court in the early 1960's be noticed in this regard. This decision is reported as The State of Uttar Pradesh v. Mohammad Naim AIR 1964 SC703. It was held asunder: "....If there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom and independence of Jud....

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....self; (b) whether there is evidence on record bearing on that conduct justifying the remarks; and (c) whether it is necessary for the decision of the case, as an integral part thereof, to animadvert on that conduct. It has also been recognised that judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve. 6. Again, there can be no ....

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....against any party may be mistaken and unjustified and if so, they may do considerable harm and mischief and result in injustice....." 7. Again, similar view has been expressed by the Supreme Court in A M. Mathur v. Pramod Kumar Gupta AIR 1990 SC 1737. In para 13, it was observed as under : "Judicial restraint and discipline are as necessary to the orderly administration of justice as t....