Bombay High Court High Court

In Re: Holibasappa Pareppa … vs Unknown on 1 December, 1920

Bombay High Court
In Re: Holibasappa Pareppa … vs Unknown on 1 December, 1920
Equivalent citations: (1921) 23 BOMLR 357, 61 Ind Cas 63
Author: K Norman Macleod
Bench: N Macleod, Kt., Shah


JUDGMENT

Norman Macleod, Kt., C.J.

1. In certain proceedings before Mr. Nesarikar, Sub-Divisional Magistrate, Belgaum, in the case of Imperator v. Gurpadawa certain remarks were made by the Magistrate prejudicial to the petitioner who was not a party to the proceeding nor a witness in the case. The petitioner has asked us to express an opinion with regard to those remarks. We confine ourselves to saying that it is very undesirable that a Judge or a Magistrate should make remarks which are prejudicial to the character of a person who is neither a party nor a witness in the proceeding before him, and who has, therefore, no opportunity of giving an explanation or defending himself against the remarks made by the Court. That is a principle which has more than once been laid down by the Courts.