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1 - 10 of 17 (0.39 seconds)Section 165 in The Indian Evidence Act, 1872 [Entire Act]
Ram Chander vs State Of Haryana on 25 February, 1981
19. If a criminal court is to be an effective instrument in
dispensing justice, the presiding judge must cease to be a
spectator and a mere recording machine. He must become a
participant in the trial by evincing intelligent active interest by
putting questions to witnesses in order to ascertain the truth. It
is the duty of a judge to discover the truth and for that purpose
he may "ask any question, in any form, at any time, of any
witness or of the parties, about any fact, relevant or irrelevant".
But this he must do, without unduly trespassing upon the
functions of the public prosecutor and the defence counsel,
without any hint of partisanship (See Ram Chander v. State of
Tr.P.(Crl) No.100/2019
16
Haryana : AIR 1981 SC 1036).
Gurucharan Das Chadha vs State Of Rajasthan on 24 November, 1965
Nahar Singh Yadav & Anr vs Union Of India & Ors on 19 November, 2010
22. A prayer for transfer should be allowed only when there
is a well substantiated apprehension that justice will not be
dispensed impartially, objectively and without any bias (See
Nahar Singh Yadav v. Union of India : AIR 2011 SC 1549).
Free and fair trial is sine qua non of Article 21 of the
Constitution. If the criminal trial is not free and fair and if it is
biased, judicial fairness and the criminal justice system would be
at stake. However, the apprehension of not getting a fair and
impartial trial is required to be reasonable and not imaginary.
There must be a reasonable apprehension on the part of the
party to a case that justice will not be done. Mere allegation of
apprehension that justice will not be done in a given case does
not suffice.
Amarinder Singh vs Parkash Singh Badal & Ors on 14 May, 2009
The court has to be convinced that the apprehension
alleged is reasonable (See Captain Amarinder Singh v.
Parkash Singh Badal : (2009) 6 SCC 260).
Berely vs Xavier And Anr. on 6 August, 1986
In this context, it is advantageous to extract the
following paragraph from the decision in Berely v. Xavier :