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What pushed Three Judge Tripura High Court into a Constitutional problem?


Court News by LatestLaws.in
Court News by LatestLaws.in

A Judge cannot be part of a Bench hearing an Appeal on the Judgement authored by him.

Tripura High Court Chief Justice T Vaiphei has written to the Chief Justice of India J S Khehar seeking resolution of a peculiar constitutional crisis which has been faced by the HC, which is currently operating with three judges against the sanctioned strength of four judges.

Tripura HC Chief Justice in his letter stated that Intra-Court Appeals against Single Judge’s order before two-judge or Division Bench was piling up and that he was finding it difficult to constitute the required Bench.

He requested the CJI to transfer these pending appeals to another High Court in region to facilitate early justice to the litigants.

With a working strength of three judges, when an appeal is filed against judgment authored by a particular judge, he cannot be part of Division Bench.
This would leave Chief Justice and other judge to constitute Division Bench. If for some reason, one of them recuses from hearing an appeal, then case remains pending.
Apex Court Bench comprising of CJI Khehar and Justice D Y Chandrachud requested Attorney General Mukul Rohatgi to assist the Court in finding a solution to problem and has posted the matter for hearing on Monday.

Tripura HC has three judges, Chief Justice Vaiphei ,Justices S C Das and S Talapatra.

CJI Khehar expounded that transferring of these appeals to another HC would require notices to be given to the litigants, who may have to travel long distances to attend the court hearings.
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One comment

  1. Why only literate girls taken into catagory, illiterate girls are more involve in such cases they are much aware because after attaining the age of puberty their families start thinking of about marriage it happened in most of villages across the country, illiterate girls can not escape just being an illiterate.

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