High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 5 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice Sanjeev Kumar held that, "The 'control' vested in the High Court, inter alia, extends to the maintenance of discipline in judicial service which in turn would mean vesting all disciplinary powers in the High Court." At the outset, the High Court referred to T.R.Parihar vs. State of Jammu and Kashmir and ors, 1986 KLJ 187, where it was held that the High Court has the exclusive and absolute control over the subordinate judiciary in the matter of disciplinary proceedings and it is the High Court alone, to the exclusion of all other authorities, which can initiate disciplinary proceedings against the members of the subordinate judiciary including District and Sessions Judges, suspend them pending the enquiry and impose punishment on them, other than the punishment of dismissal, removal or reduction in rank The power is drawn from Article 235 of the Constitution. So far as Petitioner's contention regarding application of the 1956 Rules is concerned, the Court held, "Indisputably, our High Court, though empowered, has not framed its separate disciplinary rules pertaining to the District Judiciary and has been conventionally applying the Rules of 1956 which are generally meant for and applicable to the civil services of the State.Rule 34 when construed in the light of Article 234 of Constitution of India would postulate that the High Court being an absolute and exclusive disciplinary authority is competent to issue show cause notice of proposed penalty to the judicial officer subordinate to it."

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History of this topic

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024
1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Live Law  

Nominal Index: Anand Vs Union of India 2024 LiveLaw 330 Shakeel Mohd Vs UT Of J&K 2024 LiveLaw 331 M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw 332 Govind Ram Vs Vidhya Devi 2024 LiveLaw 333 Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw 334 Shabnam Soodan Vs Seema Gupta 2024 LiveLaw 335 Avtar …

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
1 week, 3 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
1 week, 3 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024
3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Live Law  

Nominal Index: Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw 317 Abdul Majeed Lone Vs Union of India 2024 LiveLaw 318 Kewal Krishan Vs Sham Lal 2024 LiveLaw 319 Ajeet Kumar Vs UT Of J&K 2024 LiveLaw 320 Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw 321 UT Of J&K Vs Seema Koul & Anr 2024 …

J&K High Court Directs Govt To Create 334 Judicial Posts Within 60 Days, Emphasises Binding Nature Of Directive
1 month ago

J&K High Court Directs Govt To Create 334 Judicial Posts Within 60 Days, Emphasises Binding Nature Of Directive

Live Law  

Asserting that recommendations by the High Court or its Chief Justice regarding the creation of posts are binding on the government the Jammu and Kashmir and Ladakh High Court has directed the Union Territory of J&K to create 334 posts in various judicial categories within 60 days, emphasizing the judiciary's autonomy and the government's obligation to comply. Once the High …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 11 To 17th, 2024
1 month ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 11 To 17th, 2024

Live Law  

Nominal Index: Mohd Latif Vs UT Of J&K 2024 LiveLaw 304 Afrooza & Anr Vs Mohammad Aslam Dar 2024 LiveLaw 305 UT Of J&K Vs Sajad Ahmad Shah & Anr 2024 LiveLaw 306 Taxi Sumo Stand No 1 Vs UT Of J&K 2024 LiveLaw 307 Balwant Singh Vs State of J&K 2024 LiveLaw 308 State Of J&K Vs Abid Hussain …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
1 month, 1 week ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
3 months, 3 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
3 months, 4 weeks ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Live Law  

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
4 months, 1 week ago

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
4 months, 2 weeks ago

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court

The Hindu  

A Bench led by Chief Justice of India D.Y. A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings. Although Attorney General R. …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
4 months, 2 weeks ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Live Law  

Nominal Index: Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw 185 Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw 186 Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw 187 State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw 188 Din Mohd Vs Shokat Ali 2024 LiveLaw 189 Ghulam Mohiudin Lone Vs UT of J&K …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
5 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Decoding deepfakes: A look at Indian judiciary’s stance
6 months, 1 week ago

Decoding deepfakes: A look at Indian judiciary’s stance

Hindustan Times  

Human Intelligence created artificial intelligence which creates deepfakes. The high court explained: “We may take judicial notice of the fact that we are living in the era of deepfakes and, therefore, this is an aspect that the appellant/husband, perhaps, would have to prove by way of evidence before the Family Court.” The specific use of the term deepfake by the …

Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court
6 months, 3 weeks ago

Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Brief Facts: The petitioner, an advocate practicing in the High Court of Himachal Pradesh, approached the …

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue
7 months ago

Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that if the High Court appoints the arbitrator under Section 11 of the Arbitration Act, it has the jurisdiction to entertain Section 29A application for extending the mandate of the arbitrator. While acknowledging that the issue of the appropriate court for Section 29A applications was pending before a …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 13 - May 19, 2024
7 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 13 - May 19, 2024

Live Law  

Nominal Index: Sheikh Mohammad Sadiq Through his Legal Representatives Vs Jammu & Kashmir Bank 2024 LiveLaw 115 M/s A L Construction Vs UT of J&K 2024 LiveLaw 116 Mst. Raja Vs State Of J&K 2024 LiveLaw 117 Mohammad Shafi Vs Union Of India 2024 LiveLaw 118 FAROOQ AHMAD WANI Vs TARIQ AHMAD KHAN 2024 LiveLaw 119 Judgments/Orders: Courts Have Discretion …

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court
7 months, 1 week ago

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court

Live Law  

Underscoring the expansive jurisdiction of Article 226 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the jurisdiction granted to Courts under the said Article is not restricted only to the review of the administrative actions and executive decisions of the State in the light of the extended applicability of the "doctrine of …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 1 week ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence
10 months ago

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence

Op India  

On Monday, the Supreme Court dismissed a public interest litigation seeking an investigation by a Special Investigation Team or the Central Bureau of Investigation into the violence in Sandeshkhali village in North 24 Parganas district of West Bengal. The petitioner, Alakh Alok Srivastava, pointed out allegations of sexual violence in Sandeshkhali and highlighted the prior concerns of the apex court …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
10 months, 1 week ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
10 months, 1 week ago

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt

Live Law  

The Supreme Court on Monday asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges. To which the SG replied, “.nothing remains if the criteria is to be fixed without consultation ….appointment and promotion means anything that forms part of that process because the appointing authority is …

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 …

Supreme Court verdict on Article 370 abrogation historic, upholds sovereignty and integrity of India, writes PM Modi
1 year ago

Supreme Court verdict on Article 370 abrogation historic, upholds sovereignty and integrity of India, writes PM Modi

Hindustan Times  

On December 11, the Supreme Court delivered a historic judgment on the abrogation of Articles 370 and 35. Yet, I was crystal clear about one thing – that the people of J&K want development and they want to contribute to the development of India based on their strengths and skills. Thus, while serving the people of J&K, we gave primacy …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 3 months ago

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Live Law  

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention. “The subjective satisfaction though cannot be interfered normally by the court but at the same time it …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 4 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023
1 year, 4 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Live Law  

Nominal Index: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw 215 Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw 216 MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw 217 Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw 218 Inder Jeet Singh Vs ICICI Lombard and another …

Jammu And Kashmir And Ladakh High Court Weekly Round-Up: August 7 - August 13, 2023
1 year, 4 months ago

Jammu And Kashmir And Ladakh High Court Weekly Round-Up: August 7 - August 13, 2023

Live Law  

Nominal Index: Shahnawaz Ahmad Vs Union Of India 2023 LiveLaw 209 Mudasir Nazir Vs University Of kashmir 2023 LiveLaw 210 State Of J&K vs Narayan Dutt 2023 LiveLaw 211 Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K 2023 LiveLaw 212 Sarwa Begum and Ors. Vs State of J&K and Ors 2023 LiveLaw 213 Jammu and Kashmir National Conference …

India top court hears petitions challenging Kashmir special status removal
1 year, 4 months ago

India top court hears petitions challenging Kashmir special status removal

Al Jazeera  

The Supreme Court begins hearing petitions challenging the constitutionality of the scrapping of Article 370 of India’s constitution that guaranteed semi-autonomy to the disputed region. India’s top court has begun hearing a clutch of petitions challenging the constitutionality of the legislation passed by Prime Minister Narendra Modi’s government in 2019 that stripped disputed Indian-administered Kashmir’s semi-autonomy. The five-judge constitutional bench …

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 …

India top court to hear pleas on Article 370 removal in Kashmir
1 year, 5 months ago

India top court to hear pleas on Article 370 removal in Kashmir

Al Jazeera  

Supreme Court says it will begin hearing petitions challenging Modi government’s decision to revoke region’s limited autonomy next month. India’s top court has begun considering a challenge to the 2019 imposition of direct rule in Indian-administered Kashmir, a snap decision accompanied by mass arrests and a months-long internet blackout. Modi’s government defended the decision in an affidavit sent to the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 5 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 5 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court
1 year, 7 months ago

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court

Live Law  

The Kerala High Court recently held that High Court has the power to prescribe conditions for inter district transfers of employees in the administrative side of the judiciary. Such control is exclusive in nature, comprehensive in extent and effective in operation.” The Court in this case upheld an Office Memorandum issued by the Registrar General of the High Court, which …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

High Courts have no territorial jurisdiction, rules Justice Lakshman
1 year, 8 months ago

High Courts have no territorial jurisdiction, rules Justice Lakshman

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court held that the High Court of a state will have no territorial jurisdiction if no part of the action complained has occurred within its territorial jurisdiction. RR collector summoned in contempt case A two-judge bench of the Telangana High Court on Friday summoned the Ranga Reddy district collector, revenue divisional officer …

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court
1 year, 9 months ago

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court

Live Law  

The Supreme Court, on Tuesday, expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. After recording the order, Justice Gavai told the Counsel - “Madam, please advise your …

Supreme Court Disapproves Of Uttarakhand High Court Approach In Disposing Matters In Same Format
1 year, 10 months ago

Supreme Court Disapproves Of Uttarakhand High Court Approach In Disposing Matters In Same Format

Live Law  

The Supreme Court last week strongly disapproved of the practice of disposing of various criminal writ petitions by passing same-format orders, saying, “This approach of the High Court only burdens this court, and we thus cannot commend on the manner of disposal of the petitions in this manner.” A bench of Justices Sanjay Kishan Kaul and Manoj Misra was hearing …

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court
1 year, 11 months ago

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved. Adjudicating upon the matter the bench took support from the Supreme Court judgement in BCCI vs. Cricket Association of Bihar and …

Important Judgments Of Kerala High Court In 2022
1 year, 11 months ago

Important Judgments Of Kerala High Court In 2022

Live Law  

LiveLaw reported 671 judgements from Kerala High Court in 2022. Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court Case Title: Thomas P. & Anr v. State of Kerala & Ors Citation: 2022 LiveLaw 15 The Court recently laid down that the Family Court with the respective territorial jurisdiction is …

J&K&L High Court Weekly Roundup December 19 To December 25, 2022
1 year, 11 months ago

J&K&L High Court Weekly Roundup December 19 To December 25, 2022

Live Law  

J&K&L High Court Weekly Roundup December 19 To December 25, 2022 Nominal Index : Case Title: Bajaj Allianz General Insurance Co. Ltd Vs Gulshan Kumar and Ors 2022 LiveLaw 253 Case Title : Akona Engineering Private Ltd Vs Pal Construction and another 2022 LiveLaw 254 Case Title : Royal Singh Vs UT of J&K 2022 LiveLaw 255 Case Title : …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

JKL High Court Summons Three Senior Lawyers Over Alleged Misconduct, Indulgence In Anti-National Activities
2 years ago

JKL High Court Summons Three Senior Lawyers Over Alleged Misconduct, Indulgence In Anti-National Activities

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday issued summons to three Senior Advocates on a complaint lodged by State Law Secretary Achal Sethi over alleged professional misconduct and indulgence in anti-national activities. High Court's Disciplinary Committee issued summons to former President of the Srinagar High Court Bar Association- Mian Abdul Qayoom, Senior Advocates Nazir Ronga and Ghulam …

Need To Review The Present System Of Transfer Of High Court Judges
2 years, 1 month ago

Need To Review The Present System Of Transfer Of High Court Judges

Live Law  

In view of the recent recommendation of the Supreme Court Collegium to transfer Justice Nikhil S. Kariel from his parent High Court, i.e., from High Court of Gujarat to the High Court of Patna and also recommendation to transfer Justice A. Abhishek Reddy from his parent High Court, i.e., from High Court of Telangana to the High Court of Patna …

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts
2 years, 2 months ago

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts

Live Law  

The Jammu & Kashmir & Ladakh High Court on Thursday sought status of 13 cases which are pending in various courts against 16 former and sitting Member of Parliaments and ex-MLAs in the Union Territory. A bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar directed the Registrar Judicial of the High Court to seek status of the …

Supreme Court Weekly Round-Up: October 10 To October 16, 2022
2 years, 2 months ago

Supreme Court Weekly Round-Up: October 10 To October 16, 2022

Live Law  

JUDGMENT THIS WEEK Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law. Supreme Court Seeks Information From High Courts In a PIL seeking …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 4 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

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