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The expression “JUDGE” -Meaning

June 17, 2021

Judge means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice, [Section 2(e), Supreme Court Judges (Conditions of Service) Act, 1958 . Judge means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated, [Section 3, Legal Practitioners Act, 1879.

Judge means a Judge of a High Court and includes the Chief Justice, an acting Chief Justice, an additional Judge and an acting Judge of the High Court, [Section 2(g), High Court Judges (Conditions of Service) Act, 1954 . Judge means the presiding officer of a Civil Court, [Section 2(8), Civil Procedure Code, 1908.

The word ‘judge’ denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed against, would be definitive or a judgment which, if confirmed by some other authority, would be definitive or who is one of a body of persons, which body of persons is empowered by law to give such a judgment, [Section 19, Penal Code, 1860.

Judge means a judge who has not held any other pensionable post under the Union or a State and includes a judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule of the High Court Judges Act, 1954, [Explanation to first proviso of Section 14, High Court Judges Act, 1954.

Judge is a generic term and other terms like, umpire, arbiter and arbitrator are only species of this term. A Judge, primarily, determines all matters of disputes and pronounces what is law now, as well as what will be the law for the future and acts under the appointment of the Government, S.D. Joshi v. High Court of Bombay(2011) 1 SCC 252. The word Judge also means one invested with authority to determine any cause or question in a court of judicature.

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