Section 176
Not To Try Case Involving Conflict Of Interest
(1) No judge shall
proceed, hear and adjudicate any of the following cases:
(a) A case involving right, interest or concern of him or
her or his or her close relative,
Explanation: For the purposes of this Section, the
term “close relative” means a person who is, by
relation, entitled to succeed to his or her property
upon his or her death or maternal uncle, maternal
aunt, mother's elder sister, mother's younger sister,
mother's elder sister's husband, mother's younger
sister's husband, mother-in-law, father-in-law,
father’s sister, father’s sister's husband, elder
brother-in-law, younger brother-in-law, elder sisterin-
law, younger sister-in-law, elder sister, younger
sister, elder sister's husband, younger sister's
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husband, daughter-in-law, nephew, niece, niece's
husband, niece's daughter-in-law, maternal grandfather,
maternal grand-mother or any person having
such relation in the family.
(b) A case in which he or she has become an attorney,
law practitioner or witness on any occasion,
(c) A case which he or she, in capacity of the judge, has
decided or made a final order therein in any court,
(d) A case in which he or she has given opinion as to
whether or not to institute it on any occasion,
(e) A case involving, for any other reason, a substantial
interest of him or her or any of his or her joint family
members.
(2) If there appears any circumstance referred to in subsection
(1), the judge shall make order, setting out the reason
therefor, to the effect that he or she cannot try the case.
(3) If any judge proceeds to try, hear or adjudicate any case
in a manner contrary to sub-section (1), any party may make a
petition, accompanied by necessary evidence, for not so trying,
hearing or adjudicating the case.
(4) If a petition is made pursuant to sub-section (3), the
judge shall, before proceeding, hearing or adjudicating the case,
make decision as to whether the claim of such petition is reasonable
or not.
(5) If, while making decision pursuant to sub-section (4),
the claim of petition appears reasonable or the judge himself or
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herself has made order pursuant to sub-section (2) that he or she
should not proceed, hear or settle the case, such case shall be referred
to another judge, if any, in the same court and in absence of such
judge, submission shall be made to the appeal hearing court for the
transfer of the case in accordance with sub-section (3) of Section 96.
proceed, hear and adjudicate any of the following cases:
(a) A case involving right, interest or concern of him or
her or his or her close relative,
Explanation: For the purposes of this Section, the
term “close relative” means a person who is, by
relation, entitled to succeed to his or her property
upon his or her death or maternal uncle, maternal
aunt, mother's elder sister, mother's younger sister,
mother's elder sister's husband, mother's younger
sister's husband, mother-in-law, father-in-law,
father’s sister, father’s sister's husband, elder
brother-in-law, younger brother-in-law, elder sisterin-
law, younger sister-in-law, elder sister, younger
sister, elder sister's husband, younger sister's
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husband, daughter-in-law, nephew, niece, niece's
husband, niece's daughter-in-law, maternal grandfather,
maternal grand-mother or any person having
such relation in the family.
(b) A case in which he or she has become an attorney,
law practitioner or witness on any occasion,
(c) A case which he or she, in capacity of the judge, has
decided or made a final order therein in any court,
(d) A case in which he or she has given opinion as to
whether or not to institute it on any occasion,
(e) A case involving, for any other reason, a substantial
interest of him or her or any of his or her joint family
members.
(2) If there appears any circumstance referred to in subsection
(1), the judge shall make order, setting out the reason
therefor, to the effect that he or she cannot try the case.
(3) If any judge proceeds to try, hear or adjudicate any case
in a manner contrary to sub-section (1), any party may make a
petition, accompanied by necessary evidence, for not so trying,
hearing or adjudicating the case.
(4) If a petition is made pursuant to sub-section (3), the
judge shall, before proceeding, hearing or adjudicating the case,
make decision as to whether the claim of such petition is reasonable
or not.
(5) If, while making decision pursuant to sub-section (4),
the claim of petition appears reasonable or the judge himself or
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herself has made order pursuant to sub-section (2) that he or she
should not proceed, hear or settle the case, such case shall be referred
to another judge, if any, in the same court and in absence of such
judge, submission shall be made to the appeal hearing court for the
transfer of the case in accordance with sub-section (3) of Section 96.