Supreme Court Has Repeatedly Said 10 Years Experience In Law Is Sufficient For Appointment As Judicial Member In Tribunals : Bombay High Court
3 years, 3 months ago

Supreme Court Has Repeatedly Said 10 Years Experience In Law Is Sufficient For Appointment As Judicial Member In Tribunals : Bombay High Court

Live Law  

Quashing certain provisions of the new Consumer Protection Rules, 2020 the Bombay High Court has said 10 years of experience in law and in other specialized fields is sufficient for appointment as a judicial member in the Tribunal. The High Court referred to the Supreme Court's judgments in the series of Madras Bar Association cases which held that advocates with experience of 10 years should be considered for appointment as members of Tribunals. Consumer Protection Bar Association, the Supreme Court observed that both in relation to the State Commissions and the district fora, a member must be a person of ability and standing with adequate knowledge and experience of at least 10 years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. Case Title: Vijaykumar Bhima Dighe v. Union of India and others and Dr.Mahindra Bhaskar Limaye v.Union of India and others Also Read: Bombay High Court Quashes Consumer Protection Rules Excluding Lawyers With 10-20 Years Experience From Appointments To Consumer Commissions

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History of this topic

Allahabad HC Directs Continuance Of Service By All Retiring Presidents, Members Of UP District Consumer Forum Till Supreme Court's Decision
6 months, 2 weeks ago

Allahabad HC Directs Continuance Of Service By All Retiring Presidents, Members Of UP District Consumer Forum Till Supreme Court's Decision

Live Law  

While entertaining a Public Interest Litigation seeking continuance of service by all retiring Presidents and Members of the District Consumer Disputes Redressal Commission of Uttar Pradesh till fresh appointments on the said posts are made, the Allahabad High Court has directed that the present members of the District Consumer Forum must continue on their posts till the decision of the …

“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts
6 months, 3 weeks ago

“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts

Live Law  

Dismissing an appeal by a candidate who sought a direct appointment to the post of despite fewer applicants than advertised posts the Jammu and Kashmir and Ladakh High Court has observed that since she gladly and voluntarily participated in the selection process, hence estopped from challenging the selection procedure. The Court pointed out that she had willingly participated in the …

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal
7 months ago

Supreme Court Posts Pleas Regarding Validity OF Consumer Protection Rules On Appointment Of Members Next Week For Disposal

Live Law  

The Supreme Court, ordered that it will hear a batch of an appeals against the Supreme Court against the judgment of the Bombay High Court which struck down Rule 6 of the Consumer Protection Rules, 2020, next week. The quashed Rule prescribed two members from the State bureaucracy and only one member from the judiciary on the Selection Committee that …

Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court
7 months, 1 week ago

Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court

Live Law  

A division bench of the Andhra Pradesh High Court comprising of Hon'ble Mr. Justice Dhiraj Singh Thakur, Chief Justice & Hon'ble Mr. Justice R. Raghunandan Rao, while deciding Writ Petitions in the case of Shaik Mahaboob John vs. High Court of Andhra Pradesh, held that merely participating in the selection process does not automatically ensure an absolute entitlement to appointment, …

No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court
7 months, 2 weeks ago

No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in the …

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates
10 months, 1 week ago

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates

Live Law  

Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to. Recently, the …

SC stays CBI probe into UP legislative council recruitment process
1 year, 2 months ago

SC stays CBI probe into UP legislative council recruitment process

Hindustan Times  

NEW DELHI: The Supreme Court on Friday stayed a verdict of the Allahabad high court ordering a probe by the Central Bureau of Investigation into the staff recruitment process at the Uttar Pradesh legislative council over alleged nepotism and favouritism in the selection process. The Supreme Court stayed the Allahabad high court verdict ordering a CBI probe into the UP …

Supreme Court Stays HC Order For CBI Probe Into Uttar Pradesh Legislative Council Staff Recruitment Process
1 year, 2 months ago

Supreme Court Stays HC Order For CBI Probe Into Uttar Pradesh Legislative Council Staff Recruitment Process

Live Law  

The Supreme Court on Friday stayed the division bench judgment of the Allahabad High Court, which had directed the Central Bureau of Investigation to conduct a preliminary inquiry into the recruitment process of the staff of the Uttar Pradesh Legislative Council. Legislative Council Secretariat Rules, 1976, in 2019, which removed the UP Public Service Commission from the recruitment process. The …

Selection Committee Members Can't Lay Down Selection Criteria Unless Specifically Authorized: Telangana High Court
1 year, 3 months ago

Selection Committee Members Can't Lay Down Selection Criteria Unless Specifically Authorized: Telangana High Court

Live Law  

The Telangana High Court recently held that a selection committee is not authorised to lay down selection criteria unless specifically permitted to do so and clarified that such criteria are to be decided by the rule-making body. It is basically the function of the rule making authority to provide the basis for the selection.” Justice Juvvadi Sridevi after referring to …

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
1 year, 5 months ago

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

Live Law  

The Supreme Court recently set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no ‘material error’ warranting interference.The Delhi High Court had allowed re-evaluation of question No.9 of Law Paper-I of the candidate, after his representation …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 5 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

After Attending Interview, Candidates Can't Challenge It Merely Because They Feel More Marks Should've Been Given : Supreme Court
1 year, 8 months ago

After Attending Interview, Candidates Can't Challenge It Merely Because They Feel More Marks Should've Been Given : Supreme Court

Live Law  

The Supreme Court on March 28 upheld the 2009 selection process and appointment of drug inspectors by Jammu and Kashmir Subordinate Services Selection and Recruitment Board. However, having submitted to the interview process with no demur or protest, the same cannot be challenged subsequently simply because the candidate’s personal evaluation of his performance was higher than the marks awarded by …

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
1 year, 9 months ago

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States

Live Law  

The Supreme Court, on Tuesday, observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within …

Supreme Court Paves Way For Lawyers With 10 Yrs Experience To Be Considered For Consumer Commission Appointments
1 year, 9 months ago

Supreme Court Paves Way For Lawyers With 10 Yrs Experience To Be Considered For Consumer Commission Appointments

Live Law  

The Supreme Court, on Friday, held that persons having a Bachelors degree and having a professional experience of at least 10 years in consumer affairs, law, public affairs, administration etc. The Supreme Court upheld the decision of the Bombay High Court to quash the provisions of Consumer Protection Rules, 2020, framed by Central Government u/s 101 of Consumer Protection Act …

Complete Supreme Court Yearly Digest Part-10
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-10

Live Law  

R Rajiv Gandhi Assassination Case Rajiv Gandhi Assassination Case - Supreme Court orders premature release of all 6 convicts. Union Bank of India v. Rajasthan Real Estate Regulatory Authority, 2022 LiveLaw 171 Real Estate Act, 2016 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RERA authority has the jurisdiction to entertain a complaint …

Supreme Court Annual Digest 2022-Practice & Procedure
1 year, 10 months ago

Supreme Court Annual Digest 2022-Practice & Procedure

Live Law  

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw 386 : AIR 2022 SC 1941 Practice and Procedure - Appeal against Gujarat HC order in a dispute between …

Supreme Court Yearly Digest 2022- Judiciary
1 year, 11 months ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

[MPSC Exam] Judicial Intervention In Result Even At Interim Stage Of Proceedings Affects All Candidates: Bombay High Court
2 years, 3 months ago

[MPSC Exam] Judicial Intervention In Result Even At Interim Stage Of Proceedings Affects All Candidates: Bombay High Court

Live Law  

The Bombay High Court on Tuesday observed that the courts should refrain from interfering in results of examinations as judicial intervention affects all candidates and not just the parties seeking relief. Patel and Gauri Godse dismissed three writ petitions challenging Maharashtra Administrative Tribunal's order upholding the decision to delete certain questions from a recruitment exam conducted by the Maharashtra Public …

'Experience A Relevant Criteria In Selection Process': Kerala High Court Upholds Appointment Of Lecturer At CUSAT
2 years, 9 months ago

'Experience A Relevant Criteria In Selection Process': Kerala High Court Upholds Appointment Of Lecturer At CUSAT

Live Law  

The Kerala High Court has upheld the appointment of Cochin University of Science and Technology Director of Legal Studies- Dr. Vani Kesari A, by dismissing a petition challenging the selection process. When the Bench examined the procedure followed by the Selection Committee herein, it found that marks were awarded based on the experience and qualifications possessed by the rival candidates …

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules
3 years ago

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules

Live Law  

The Supreme Court on Friday issued notices on the special leave petitions filed against the judgment of Bombay High Court which quashed the provisions of Consumer Protection Rules which excluded lawyers with 10 to 20 years experience from appointments to Consumer Commissions.A bench comprising Justices L Nageswara Rao and BR Gavai was considering the special leave petitions filed. The Supreme …

'No Advocate With Only 10 Years Experience Ever Made A High Court Judge' : Centre Defends Tribunals Reforms Act 2021
3 years, 2 months ago

'No Advocate With Only 10 Years Experience Ever Made A High Court Judge' : Centre Defends Tribunals Reforms Act 2021

Live Law  

The Central Government has filed a counter-affidavit before the Supreme Court defending the constitutional validity of the recently passed Tribunals Reforms Act 2021. The affidavit has been filed responding to the writ petition filed by Madras Bar Association, which has argued that the Act is unconstitutional for violating the directions issued by the Supreme Court in previous judgments.At. Responding to …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 5 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law  

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

Amendment To Law Officer Appointment Rules Upheld By The Madras High Court
3 years, 6 months ago

Amendment To Law Officer Appointment Rules Upheld By The Madras High Court

Live Law  

The Madras High Court yesterday disposed of a petition filed assailing the validity of an amendment that was made to the rules under the Law Officers of High Court of Madras and its Bench at Madurai Rules, 2017 which govern the appointment of government advocates. Court's observations At the outset, the Court noted that the writ petition did not challenge …

Consumer Protection Act, 2019: A Criminal Imbalance
3 years, 8 months ago

Consumer Protection Act, 2019: A Criminal Imbalance

Live Law  

It is said, with great power comes great responsibility. For appointment as a member of the District Commission, Rule 4 of the Appointment Rules prescribes that the members of the State Commission should have a bachelor's degree from a recognised university and should be a person of ability, integrity and standing, and has special knowledge and professional experience of not …

Calcutta High Court Sets Aside 2016 Recruitment Process For Assistant Teachers in Upper Primary Schools In West Bengal
4 years ago

Calcutta High Court Sets Aside 2016 Recruitment Process For Assistant Teachers in Upper Primary Schools In West Bengal

Live Law  

The Calcutta High Court on Friday cancelled and set aside the 1st State Level Selection Test, 2016 for recruitment of Assistant Teachers in Upper Primary schools in the State of West Bengal, citing several irregularities in the recruitment process. A Single Bench of Justice Moushumi Bhattacharya has directed the West Bengal Central School Service Commission, designated to conduct the said …

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court
4 years ago

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court

Live Law  

The Submission was made before the Bench of Chief Justice Dipankar Datta, & Justice G. S. Kulkarni in light of the fact that now the High Court has commenced physical hearing of cases. Background As the High Court commenced physical hearing of cases from Tuesday, the contention raised before the Court by the Bar was that permission to the staff …

Supreme Court Rejects Plea For Interim Order For Implementation of 50% OBC Reservation in Medical College Seats in 2020-2021
4 years, 1 month ago

Supreme Court Rejects Plea For Interim Order For Implementation of 50% OBC Reservation in Medical College Seats in 2020-2021

Live Law  

The Supreme Court on Monday dismissed pleas filed by State of Tamil Nadu and AIADMK seeking a direction for implementation of 50% quota for Other Backward Classes in the All India Quota for undergraduate, post-graduate medical and dental courses in Tamilnadu for the academic year 2020-2021.A Bench comprising of Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi dismissed the …

Police Verification Report Sparks Legal Battle Over Civil Judge Selection
6 years, 11 months ago

Police Verification Report Sparks Legal Battle Over Civil Judge Selection

Live Law  

The Bombay High Court has dismissed a petition filed by Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report. The bench of Justice Vasanti Naik and Justice Sarang Kotwal found that Imran was acquitted in the criminal case and that the …

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