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Supreme Court of India 2019-10-23 disposed

Indore Development Authority vs Manohar Lal & Ors. etc

Bench: 5 — 5

In Brief

This case concerned whether a judge who decided a matter in a smaller bench should recuse himself when the same case was referred to a larger bench for reconsideration. The Supreme Court held that a judge is not legally barred from participating in a larger bench hearing a referred matter, even if the judge's previous decision in the smaller bench is being revisited. The Court established that objections to a judge's participation on grounds of bias can only be raised by a party likely to suffer adverse adjudication due to actual bias. Established judicial practice supports allowing judges to participate in larger bench references of their own prior decisions.

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Constitutional Law Judicial Conduct Recusal Bias Judicial Ethics Land Acquisition

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