9 years, 9 months ago

Delhi HC admits petition challenging arbitrary and non-transparent criteria adopted by it in the matter of promotion to posts of district and sessions judges

Live Law

The Delhi High Court has admitted a petition filed by a judicial officer challenging the non-transparent criteria adopted by the Delhi High Court for promotion to posts of district and sessions judges. The judicial officer was aggrieved by the Delhi High Court by-passing her and granting promotions to her juniors to the post of District & Sessions Judge. Additional district and sessions judge Sujata Kohli in her petition before the Delhi High Court avers that she joined the Delhi Higher Judicial Services in 2002 and stood third in the merit list, and that the High Court had changed the criteria for promotion several times and, worse, these criteria had never been intimated to judicial officers. She said, in April 2009 the Delhi High Court adopted a new criteria for promotion to the post of district and sessions judge, laying down that additional sessions judges eligible for promotion must have at least one 'A' rating in the annual confidential report in the last five years prior to consideration for promotion.

Delhi Court Judge Judicial Promotion High Post District Petition Criteria Sessions Her Petition Her Juniors criteria hc delhi court judicial post nontransparent sessions matter petition district posts judges judge high promotion

History of this topic

2 weeks ago

Highly Improper To Direct Chief Justice To Relax Procedure: Rajasthan HC In Court Staff's Plea For Promotion Without Holding Efficiency Test

Live Law

" This is not correct to say that the petitioners are subjected to hostile discrimination by asking them to qualify in the Efficiency Test for promotion under 25% quota to be filled up on the basis of seniority-cum-efficiency. A division bench of Justice Shree Chandrashekhar and Justice Kuldeep Mathur held that Article 229 of the Constitution contemplated full freedom to …

2 weeks, 4 days ago

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters

Live Law

The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters. A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. Though the Petitioner appeared to have …

2 weeks, 4 days ago

'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion

Live Law

The Delhi High Court rejected the petition filed by the Principal Commissioner of Income Tax, seeking a declaration against the Appointments Committee Of Cabinet which promoted him to the post with purported delay. Calling the petition to have stemmed from the officer's “ego issue”, the division bench of Justices C. Hari Shankar and Ajay Digpaul fell one step short of …

1 month, 2 weeks ago

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts

Live Law

The Delhi High Court's administrative side is set to consider framing appropriate rules or amending the existing rules to streamline the procedure to expedite proceedings before the Family Courts in the national capital. His counsel handed over to the Court a copy of the decision Kerala High Court in Shiju Joy v. Nisha wherein certain directions were issued for streamlining …

1 month, 3 weeks ago

Supreme Court Rejects Challenge To Delhi High Court's Senior Designations

Live Law

The Supreme Court on Friday refused to entertain a Writ petition which was filed challenging the Senior Designation of 70 advocates by the Delhi High Court.After a bench comprising Justice BR Gavai and Justice AG Masih expressed reluctance to entertain the petition, the petitioner chose to withdraw it.The petition was filed by Advocate Sanjay Dubey, an applicant for senior designation, …

1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

1 month, 3 weeks ago

Supreme Court turns ‘ordinary litigant’ in front of Delhi High Court, seeks permission for pro-green initiative

Hindustan Times

In a very unique turn of events, the Supreme Court, instead of presiding over an issue has instead turned litigant, seeking permission from it's sister subordinate, the High Court of Delhi. A Civil Miscellaneous Application was filed by Supreme Court Project Division - I, Central Public Works Department in the matter titled, 'Bhavreen Kandhari Vs. Shri C D Singh & …

2 months ago

'Unwarranted': Chhattisgarh High Court Allows Candidates Without State Bar Enrolment To Sit For Civil Judge Exam

Live Law

As an interim respite, the Chhattisgarh High Court has allowed candidates who are not enrolled with any State Bar Council as an 'Advocate' to appear in the Civil Judge Examination, 2024. The Division Bench of Chief Justice Ramesh Singh and Justice Ravindra Kumar Agrawal prima facie found the condition of Bar enrolment for appearing in the judicial service examination to …

2 months ago

Lawyer Moves Supreme Court Challenging Delhi HC's Decision To Confer Senior Designation On 70 Advocates

Live Law

A Writ petition has been filed before the Supreme Court challenging the Senior Designation of 70 advocates by the Delhi High Court. The plea, filed by Advocate Sanjay Dubey seeks the quashing of the notification dated November 29, 2024, by which 70 Advocates were notified to be designated as Senior Advocates and 67 Advocates were placed in a 'deferred list' …

2 months, 1 week ago

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

Live Law

Granting relief to judicial officers of the Jharkhand Judiciary who were denied promotion despite meeting the minimum marks required in the suitability test for the merit-cum-seniority quota, the Supreme Court today reiterated that the merit-cum-seniority quota is not a competitive process. The appellants cited the recent decision passed in the case of Ravikumar Dhansukhlal Mehta v. High Court of Gujarat …

2 months, 1 week ago

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court

Live Law

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition challenging an order of punishment awarded to the Petitioner for being irresponsible while supervising an area he was assigned. The Disciplinary Authority issued an Order on 21.11.2014 and a punishment of reduction of salary by three stages for three years with cumulative …

2 months, 2 weeks ago

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]

Live Law

Citations 2024 LiveLaw 801 to 2024 LiveLaw 1200 The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution plan is accepted, the stakeholders cannot impose penalties or claim dues from the Corporate Debtor based on past liabilities. The Delhi High Court bench of Justice Dharmesh Sharmab has held that breaches of undertakings given before a Court, …

2 months, 3 weeks ago

Supreme Court Pulls Up Advocate For Alleging Nepotism In Senior Designations For Judges' Relatives, Warns Of Contempt

Live Law

The Supreme Court today slammed Advocate Mathews J Nedumpara over a plea filed insinuating that it is impossible to find any constitutional court judge across the country whose offspring/brother/sister/nephew over 40 yrs of age has not been designated as a senior advocate.The petition was filed challenging the recent senior designations conferred by the Delhi High Court. The Supreme Court today …

2 months, 3 weeks ago

2024 Supreme Court Decisions Relating To Judges & Judicial Service

Live Law

In 2024, the Supreme Court passed notable orders and made key observations on multiple issues related to the working of the District Judiciary and Judicial Officers. Here is a relook of the important developments : High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court The Supreme Court allowed a writ petition …

2 months, 3 weeks ago

Delhi High Court Annual Digest 2024 [Part I]

Live Law

Citations 2024 LiveLaw 1 to 2024 LiveLaw 400 A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the suggestion that there should be prior censorship of any publication on Rohingyas on Facebook is an example of “a treatment that is worse than the disease.” The Delhi High Court has refused to pass an …

2 months, 3 weeks ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law …

2 months, 3 weeks ago

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

Live Law

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before Joint Registrar for criminal jurisdiction, who can further verify and ensure compliance with the latest guidelines laid down by the …

2 months, 3 weeks ago

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts

Live Law

The Delhi High Court has barred the practise of permitting non-Advocates or agents to appear before the Consumer Courts here on the basis of authority letters issued by lawyers, with immediate effect. Justice Sanjeev Narula directed all Consumer Commissions in Delhi to ensure that the parties are represented by Advocates or by the agents or representatives or non-advocates strictly in …

Delhi LG gives nod to ED to prosecute Kejriwal

Trending News

3 months ago

Delhi LG gives nod to ED to prosecute Kejriwal

Deccan Chronicle

New Delhi: Ahead of the upcoming 2025 Delhi Assembly Polls, Delhi Lieutenant Governor VK Saxena has granted permission to the Enforcement Directorate to prosecute AAP Chief and Former Delhi Chief Minister, Arvind Kejriwal, in the excise policy case. On December 5, the Enforcement Directorate sought permission for sanction of prosecution against Arvind Kejriwal.This move comes after months of investigations into …

3 months, 1 week ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

3 months, 1 week ago

'Has 27 Yrs Of Service Left': Allahabad High Court Reprieve To 2018 Civil Judge Candidate Denied Post Due To Calculation Error

Live Law

The Allahabad High Court recently ordered the appointment of a woman as Civil Judge, after it found that she was denied the post in UPPSC Examination 2018, due to calculation error in her marks. Realising that she would have qualified for the post had she been awarded the two marks, the petitioner filed a writ petition against the same. Upon …

3 months, 1 week ago

'Candidates Must Be Given Appropriate And Correct Reasons Behind Their Rejection To Any Post', Delhi High Court

Live Law

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that while rejecting the appointment of the Petitioner, the Respondents should have conveyed the correct reason i.e., falling in the last priority in the Priority List instead of informing him that he had failed in the written examination. Priority II c. Priority III d. Priority …

3 months, 2 weeks ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

3 months, 2 weeks ago

Excise Policy: Delhi HC Declines Early Hearing on Kejriwal's Plea

Deccan Chronicle

New Delhi: The Delhi High Court on Friday refused to advance the hearing on a petition by AAP chief Arvind Kejriwal challenging a trial court's order taking cognisance of a chargesheet filed against him in a money laundering case.Justice Manoj Kumar Ohri said, "matter will be heard on the same date. On November 21, the high court refused to stay …

3 months, 3 weeks ago

Delhi HC issues notice to ED on Sisodia’s plea

Hindustan Times

The Delhi high court on Monday issued a notice to the Enforcement Directorate on a plea filed by former Delhi deputy chief minister Manish Sisodia, challenging a city court’s decision to take cognisance of the probe agency’s charge sheet in the Delhi excise policy case. Sisodia contended that ED failed to obtain the requisite sanction under Section 197 before prosecuting …

3 months, 3 weeks ago

Threshold high in political defamation: Delhi CM Atishi to court

Hindustan Times

New Delhi, Delhi Chief Minister Atishi, accused in a defamation case, on Monday informed a court that the threshold in political defamation cases was high as electoral parties were subjects of public discourse. Threshold high in political defamation: Delhi CM Atishi to court Senior advocate Ramesh Gupta, representing the CM, made the submission before Special Judge Vishal Gogne while arguing …

Delhi HC notifies 70 senior advocates amid questions on transparency

Trending News

3 months, 3 weeks ago

Delhi HC notifies 70 senior advocates amid questions on transparency

Hindustan Times

The Delhi high court on Sunday evening notified the designation of 70 lawyers as senior advocates, despite a shadow of controversy hanging over the process after a key member of the permanent committee refused to sign the final list, claiming that it was sent ahead without his final consent, and subsequently resigned in protest. The present controversy has unfolded against …

3 months, 3 weeks ago

Delhi HC: Controversy casts shadow over process for senior advocate designation

Hindustan Times

The process of designating senior advocates in the Delhi high court has plunged into controversy with a key member of the permanent committee refusing to sign the final list of lawyers slated for the prestigious title claiming that the same was never finalised and sent ahead without his consent. This unprecedented development casts a shadow over the process and the …

3 months, 3 weeks ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have …

3 months, 3 weeks ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law

3 months, 3 weeks ago

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

Live Law

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. The third Petitioner's candidature was rejected on the ground of alleged mismatch in the name of the petitioner's …

3 months, 3 weeks ago

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

Live Law

4 months ago

Excise Policy: Delhi HC refuses to stay ED case against former CM Arvind Kejriwal

Hindustan Times

New Delhi, The Delhi High Court on Thursday refused to stay for now the proceedings against former CM and A chief Arvind Kejriwal in a money laundering case linked to irregularities in the state Excise Policy 2021-22. Excise Policy: Delhi HC refuses to stay ED case against former CM Arvind Kejriwal Justice Manoj Kumar Ohri issued notice and sought the …

4 months, 1 week ago

Delhi HC seeks ED's response to Kejriwal's plea on summons

Deccan Chronicle

New Delhi: The Delhi High Court on Tuesday sought response of the Enforcement Directorate on a plea by AAP leader Arvind Kejriwal challenging summons issued to him on the agency's complaint in a money laundering case related to the alleged excise scam.Justice Manoj Kumar Ohri refused to stay the trial in the criminal case and said the trial court's order, …

4 months, 2 weeks ago

Delhi High Court Fines Advocate 10K For 'Outrageous Aspersions' On Judge, Alleging 'Scam In Govt Service'

Live Law

The Delhi High Court has reprimanded a practising advocate by imposing a cost of Rs. 10,000 in a recruitment matter, who had cast aspersions on a judge which dismissed his earlier plea and had additionally alleged that there was a concerted effort to cover up a "scam" in government service.In doing so the court observed that no litigant much less …

4 months, 2 weeks ago

HC tells jail authority to decide plea on lack of facilities for visiting lawyers

The Hindu

The Delhi High Court on Monday directed the Director General to decide a representation on the purported lack of facilities for lawyers visiting their clients in jails. ‘Expedite process’ The court disposed of the plea over the issue and directed the jail authority to decide the representation expeditiously, preferably within four weeks. The petition was filed by Shyam Sunder Aggarwal, …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

4 months, 3 weeks ago

Delhi High Court Grants Retrospective Promotion to Army Officer Despite Not Completing 10 Years Group 'A' Service

Live Law

The Delhi High Court grants retrospective promotion to an Army officer due to circumstances beyond his control. The Petitioner, a Sub-Inspector in the Central Reserve Police Force, was denied promotion due to his 10-year service requirement. However, the court ruled that his case could be heard on the grounds that the reasons for his non-promotion were beyond his control. The …

5 months ago

Delhi High Court Warns Against Arbitrariness: Vacancies in Lawyers' Chambers Must Be Publicly Notified

Live Law

The Delhi High Court has observed that the vacancies regarding lawyers' chambers must be notified to the lawyers to ensure that every eligible advocate gets an equal opportunity to express interest. The Court noted that there are no specific rules or guidelines to govern the process for exchange of chambers, leaving the matter largely at the discretion of the Allotment …

5 months ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

7 months, 2 weeks ago

Delhi High Court Asks Registrar General To Decide Plea For Increasing E-Filing Size Limit

Live Law

The Delhi High Court on Tuesday directed its Registrar General to decide a representation seeking increase in the e-filing size of documents to be filed before the Delhi High Court as well as district courts in the national capital. A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela directed the Registrar General to decide the representation …

8 months, 1 week ago

Supreme Court Refuses To Entertain PIL For Probe Into Hathras Stampede, Asks Petitioner To Approach HC

Live Law

Today, the Supreme Court dismissed a public interest litigation initiated in relation to the Hathras Stampede incident, saying that every matter does not have to be filed under Article 32. The instant PIL filed by advocate Vishal Tiwari sought the appointment of a five-member expert committee under the supervision of a retired Supreme Court judge to inquire into the incident. …

8 months, 2 weeks ago

Citing Kejriwal hearings, lawyer delegation expresses concern over Delhi court practices to CJI

Hindustan Times

Citing the recent hearings in cases concerning Delhi CM Arvind Kejriwal, over 150 advocates practising in Delhi on Thursday presented a representation to Chief Justice of India Dhananjaya Y Chandrachud, voicing concerns over “unprecedented practices” in the Delhi high court and trial courts. The representation raised questions about the actions of high court judge Sudhir Kumar Jain, complaining that justice …

9 months ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

9 months ago

Excise Policy case: Delhi HC to pass order today on ED's plea for stay on Arvind Kejriwal's bail

India TV News

Excise Policy case: The Delhi High Court will pronounce its verdict on Tuesday on the Enforcement Directorate's plea to stay the trial court's order granting bail to Chief Minister Arvind Kejriwal in the money laundering case related to the alleged excise scam. The decision comes as the Supreme Court awaits the High Court's final ruling on the Enforcement Directorate's plea …

9 months, 1 week ago

Delhi HC issues notice to NTA over the petitions of NEET 2024 applicants alleging foul play

Hindustan Times

The Delhi High Court on Wednesday issued notice to the National Testing Agency in a batch of petitions filed by NEET aspirants. The bench noted that there are three broad issues namely Paper leakage, grace/compensatory marks awarded, and anomaly in the questions. There are petitions that have been filed before the Delhi High Court raising these issues. Florez, Keya Azad, …

9 months, 3 weeks ago

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments

The Hindu

The Delhi High Court has dismissed a petition seeking a direction to the Supreme Court Collegium to provide detailed reasons while refusing to accept recommendations for appointment of High Court judges. Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to reveal the “qualification” needed for appointment as a High Court judge, and publish monthly data related …

9 months, 3 weeks ago

High Court Rejects Plea Challenging Appointment Of Delhi Waqf Board's Administrator, Imposes ₹10K Costs

Live Law

The Delhi High Court has dismissed a plea challenging the appointment of Administrator of Delhi Waqf Board with costs of Rs. “This Court is not inclined to entertain the present writ petition and is inclined to dismiss the writ petition imposing costs of Rs.10,000/- on the Petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within four …

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