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Legal Principle: Justice should not only be done, but also seen to be done.
Facts: L, an honest Lawyer had 200 shares in Company X. Later, L was elevated to the High Court as aJudge and had to deal with Company matters. A dispute between Company X and its creditors camebefore L for decision.
Which among the following proposition is true?
L, as an honest person will definitely judge the matter on the merits only. So, the principle cannotapply.
A judge cannot excuse himself from taking up a case posted before him by the Court Registry.
L should refrain from hearing the matter as he holds shares of the Company X.
Since, L has only 200 shares he has no substantial interest in the company and hence can decide the matter.
This legal principle has its derivation from{ R v Sussex Justices, ex p McCarthy} where a clerk working in court sued McCarthy for rash driving and the decision favored clerk, McCarthy alleged that this judgement is influenced as clerk works in that Institution :Judges completely denied that and later he won the case..so as even brief background :IN GENERAL, JUDGES ALWAYS REFRAIN THEMSELVES FROM THE CASES EVEN IF THEY HAVE SMALLEST RELATION TO THE CASE. SO, this was a question where brief knowledge was necessary because principle was direct. L should refrain from hearing the matter as he holds shares of the Company X.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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