SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]
8 years, 5 months ago

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]

Live Law  

However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state.The Supreme Cour,t in Govt. However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state. Vs. Dayanand Singh, has upheld the Patna High Court judgment, which had quashed Rules 4A and 3A introduced by amending the Bihar Superior Judicial Service Rules, 1951, and Bihar Civil Services Rules, 1965, respectively, providing for reservation of posts in the judicial services in favour of various backward classes of citizens. The court opined that there was a need for providing appropriate reservations in favour of the various backward classes of citizens even in the judicial services of the State of Bihar.

Bihar Services Reservation Judicial Rules High Bench Classes Court Judgment Backward Judicial Services Necessary Information Such Policy Specified Backward Classes Its Own Assessment  services  patna  judicial  rules  bihar  quashing  court  judgment  upholds  high  backward  reservation  provided  classes  sc  read

History of this topic

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court
2 months, 1 week ago

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

Live Law  

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process of arbitrators. It …

Centre Notifies Appointment Of Justice K Vinod Chandran As Supreme Court Judge
Trending News
2 months, 1 week ago

Centre Notifies Appointment Of Justice K Vinod Chandran As Supreme Court Judge

Live Law  

The Central Government has notified the appointment of Justice K Vinod Chandran, the Chief Justice of the Patna High Court, as a Judge of the Supreme Court.It was last week that the Supreme Court Collegium recommended the elevation of Justice Vinod Chandran. The Central Government has notified the appointment of Justice K Vinod Chandran, the Chief Justice of the Patna …

Centre Notifies Appointment Of Justice K Vinod Chandran As Supreme Court Judge
Trending News
2 months, 1 week ago

Centre Notifies Appointment Of Justice K Vinod Chandran As Supreme Court Judge

Live Law  

The Central Government has notified the appointment of Justice K Vinod Chandran, the Chief Justice of the Patna High Court, as a Judge of the Supreme Court.It was last week that the Supreme Court Collegium recommended the elevation of Justice Vinod Chandran. The Central Government has notified the appointment of Justice K Vinod Chandran, the Chief Justice of the Patna …

Centre notifies appointment of Justice K Vinod Chandran as Supreme Court judge
2 months, 1 week ago

Centre notifies appointment of Justice K Vinod Chandran as Supreme Court judge

New Indian Express  

NEW DELHI: The Centre, in a notification issued on Monday, appointed Patna High Court Chief Justice K Vinod Chandran as a Supreme Court judge. “In exercise of the powers conferred by the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to appoint Justice Krishnan Vinod Chandran, Chief Justice, Patna High Court, as a …

SC collegium recommends Patna HC CJ K Vinod Chandran as top court judge
2 months, 2 weeks ago

SC collegium recommends Patna HC CJ K Vinod Chandran as top court judge

India TV News  

The Supreme Court collegium on Tuesday recommended Patna High Court Chief Justice K Vinod Chandran to be appointed as a judge of the apex court. During his long tenure as a judge and chief justice of the high court, Justice Chandran has acquired significant experience in diverse fields of law," said the collegium resolution. The apex court collegium also comprising …

2024 Supreme Court Decisions Relating To Judges & Judicial Service
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 …

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

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 3 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court
3 months, 3 weeks ago

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
4 months ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

Constitution bench reserves judgment in arbitration case
6 months, 3 weeks ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc
7 months, 3 weeks ago

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc

Deccan Chronicle  

New Delhi: In a setback to the Bihar government, the Supreme Court on Monday refused to stay a Patna High Court order setting aside the amended reservation laws in the state that enabled the Nitish Kumar dispensation to raise quotas for Dalits, tribals and backward classes from 50 per cent to 65 percent.A bench comprising Chief Justice D Y Chandrachud …

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar
7 months, 3 weeks ago

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar

The Hindu  

The Supreme Court on July 29 refused to order interim stay of a Patna High Court decision quashing reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions. Solicitor General Tushar Mehta and senior advocate Shyam Divan, for Bihar, urged the court to stay the High Court decision which had …

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota
7 months, 3 weeks ago

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota

India TV News  

In a major setback to Bihar Chief Minister Nitish Kumar and the BJP, the Supreme Court on Monday refused to stay the Patna High Court's decision that scrapped state government's decision to increase the quota for backward classes from 50 per cent to 65 per cent. Supreme Court listed the matter in September for hearing Bihar Government's plea challenging Patna …

"Discriminatory": Patna HC Sets Aside State's Move Fixing One Increment Per Year For Judicial Officers While Allowing Two Increments For Other Govt Employees
8 months ago

"Discriminatory": Patna HC Sets Aside State's Move Fixing One Increment Per Year For Judicial Officers While Allowing Two Increments For Other Govt Employees

Live Law  

The Patna High Court on Wednesday set aside a notification by the Bihar Government which allegedly discriminated amongst State Government employees and Judicial Officers concerning the date of grant of increment after promotion/appointment/financial degradation. The Court, however, said that Judicial Officers of the State would be entitled to receive the increment on two dates in a year instead of one, …

Bihar govt moves SC against Patna High Court order quashing 65 per cent reservation law
8 months, 3 weeks ago

Bihar govt moves SC against Patna High Court order quashing 65 per cent reservation law

India TV News  

The Bihar government has taken a significant legal step by filing a petition in the Supreme Court challenging a recent ruling by the Patna High Court concerning reservation quotas. Filed through, Advocate Manish Kumar, the petition contests the High Court's decision to invalidate Bihar's amendment Acts of 2023, which aimed to raise reservation quotas from 50 per cent to 65 …

Bihar moves top court against HC quota hike order
8 months, 3 weeks ago

Bihar moves top court against HC quota hike order

Hindustan Times  

The Bihar government has approached the Supreme Court challenging the Patna high court decision striking down the law enhancing caste-based reservation to 65% in jobs and admissions and argued that the caste survey carried out by the state adequately satisfies the parameters required to breach the 50% ceiling on reservation set by the top court in the 1992 Indra Sawhney …

Bihar reservation hike: State government moves SC against Patna HC decision to ‘set aside’ reservation hike
8 months, 3 weeks ago

Bihar reservation hike: State government moves SC against Patna HC decision to ‘set aside’ reservation hike

The Hindu  

The Bihar government moved the Supreme Court on Tuesday, challenging the Patna High Court’s directive to ‘set aside’ the increase in the State’s reservation for disadvantaged communities, from the existing 50% to 65%. “Yes, the State government has filed an appeal before the Supreme Court today and our advocate Ayush Anand too has filed a caveat before the court to …

The Patna HC judgment on reservation and its implications on future quota policies
8 months, 3 weeks ago

The Patna HC judgment on reservation and its implications on future quota policies

Hindustan Times  

Recently, the Patna High Court in Gaurav Kumar and Others vs State of Bihar and Ors. After independence, Articles 15 and 16 of the Constitution of India laid down measures for reservations for the backward classes, where, Article 15 talks about educational institutions, though the word “adequate” is not used, however in Article 16, the provision reserves adequate representation and …

Limit and excess: On the Patna High Court judgment and enhanced reservation
9 months ago

Limit and excess: On the Patna High Court judgment and enhanced reservation

The Hindu  

The Patna High Court judgment striking down enhanced reservation for various communities in employment and education marks yet another instance of the strict application of the 50% ceiling on total reservations by the judiciary. The verdict has invalidated the Nitish Kumar regime’s decision of last year to amend its quota law to raise Backward Classes reservation from 12% to 18%, …

Bihar dy CM says will move Supreme Court against HC stay on quota hike
9 months ago

Bihar dy CM says will move Supreme Court against HC stay on quota hike

Hindustan Times  

The Bihar government will move the Supreme Court to challenge the Patna high court’s decision setting aside a hike in reservation for deprived castes from 50% to 65%, deputy chief minister Samrat Choudhary said on Thursday, even as leader of opposition Tejashwi Yadav slammed the ruling National Democratic Alliance for failing to include the quota law in the ninth schedule …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months, 1 week ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Supreme Court Weekly Round-Up (26th February-02 March, 2024)
1 year ago

Supreme Court Weekly Round-Up (26th February-02 March, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court Case Details: …

Absence Of Term “Seat” In Arbitration Clause, Exclusive Jurisdiction Can Be Derived From Intention Of Parties: Delhi High Court Dismisses Section 11(6) Application
1 year, 1 month ago

Absence Of Term “Seat” In Arbitration Clause, Exclusive Jurisdiction Can Be Derived From Intention Of Parties: Delhi High Court Dismisses Section 11(6) Application

Live Law  

The Delhi High Court bench comprising Justice Sanjeev Narula held that the intention of the parties to grant exclusive jurisdiction can be derived from the language of the arbitration clause even in the absence of the usage of the term “seat” in the arbitration clause. Thereafter, the Petitioner filed an application in Delhi High Court under Section 11 of the …

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications
1 year, 2 months ago

Supreme Court Directs All High Courts To Expeditiously Decide Bail Applications

Live Law  

The Supreme Court in a recent order directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications. A bench comprising Justices Bela Trivedi and Satish Chandra Sharma directed that High Courts should scrupulously follow the directions/ guidelines issued by the Supreme Court in various decisions. The …

Patna High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Patna High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw 03 M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw 4 Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw 5 Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw 6 M/s Raj Kumar Sao …

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
1 year, 3 months ago

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

Live Law  

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. Shahi, AG Mr. Vikas Kumar Counsel/s For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Counsel/s For the Petitioner/s : Mr. Awnish Kumar, Advocate Mr. S.V. Shahi, AG Mr. Vikas Kumar, A.C. to …

Case on delays in appointments of judges missing from causelist
1 year, 3 months ago

Case on delays in appointments of judges missing from causelist

The Hindu  

Petitions against delays by the government and its “pick-and-choose policy” in judicial appointments and transfers were not listed on Tuesday before Justice Sanjay Kishan Kaul despite a specific direction from the Bench in the last hearing on November 20. On November 20, the Bench highlighted how the Collegium’s recommendation to transfer judges, including four from the Gujarat High Court, were …

Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar
1 year, 3 months ago

Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar

Live Law  

The Supreme Court expressed its surprise that the Patna High Court reserved judgment on an anticipatory bail plea for a year. “We are extremely surprised as to how the order on the petition seeking anticipatory bail could be kept pending for one year.,” stated the Supreme Court bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma. However, the Supreme …

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest
1 year, 6 months ago

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest

Live Law  

The Patna High Court recently issued a circular for all the courts under its territorial jurisdiction of this Court directing them to follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Patna High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police officers not to …

Supreme Court Monthly Round-Up: July 2023
1 year, 7 months ago

Supreme Court Monthly Round-Up: July 2023

Live Law  

Judgment/Orders Supreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night Sitting Case title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP Diary No. Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court Case title: Dheeraj Singh vs …

Patna High Court Weekly Round-Up: July 24 - July 30
1 year, 7 months ago

Patna High Court Weekly Round-Up: July 24 - July 30

Live Law  

Citations 2023 LiveLaw 84 to 2023 LiveLaw 86 NOMINAL INDEX Neeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw 84 SK vs. RD 2023 LiveLaw 85 Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw 86 Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 8 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 …

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC
1 year, 10 months ago

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC

Live Law  

The Patna High Court recently dismissed a petition seeking reservation for grandchildren of freedom fighters in the recruitment for the position of Assistants in the High Court. The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants in the Patna High Court. The …

Patna high court stays Bihar’s caste-based survey
1 year, 10 months ago

Patna high court stays Bihar’s caste-based survey

Hindustan Times  

The Patna high court on Thursday issued an interim order staying Bihar’s caste-based survey, saying prima facie the state government has no power to carry it out and the manner in which it has been fashioned would amount to a census and impinge upon Parliament’s legislative power. The court expressed concern over the government’s intention to share data from the …

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, 11 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 …

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)
1 year, 11 months ago

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

Live Law  

Judgements/Orders Case title - Neeraj Dutta v. State Citation : 2023 LiveLaw 211 The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt. Case Title: Orissa Administrative Tribunal …

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

Pending Recommendations To Appoint 5 SC Judges Will Be Cleared Soon : AG Tells Supreme Court
2 years, 1 month ago

Pending Recommendations To Appoint 5 SC Judges Will Be Cleared Soon : AG Tells Supreme Court

Live Law  

The Attorney General for India R Venkataramani on Friday informed the Supreme Court that the Central Government will very soon clear the recommendations forwarded by the Supreme Court collegium in December 2022 to elevate five High Court judges to the Supreme Court.Replying to a query raised by the Court regarding the status of the pending recommendations, the AG assured that …

Appointment of 5 judges recommended by Collegium likely in two days, Centre tells Supreme Court
2 years, 1 month ago

Appointment of 5 judges recommended by Collegium likely in two days, Centre tells Supreme Court

The Hindu  

The Supreme Court on Friday recorded a submission by Attorney General R. Venkataramani that warrants of appointment of five judges to the apex court will be likely issued by February 5. The Collegium had recommended Rajasthan High Court Chief Justice Pankaj Mithal, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice P V Sanjay Kumar, Patna High …

Government to adhere to timelines fixed by Supreme Court for judicial postings
2 years, 2 months ago

Government to adhere to timelines fixed by Supreme Court for judicial postings

The Hindu  

Attorney-General of India R. Venkataramani told the Supreme Court on Friday that the Union government will adhere to the timelines fixed by the court to process recommendations for judicial appointments. He said the government would be likely processing 44 names for High Court judgeships and forwarding them to the Supreme Court Collegium over the weekend. Mr. Venkataramani, however, sought more …

Supreme Court Weekly Roundup [November 21 - November 27]
2 years, 3 months ago

Supreme Court Weekly Roundup [November 21 - November 27]

Live Law  

Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability : Supreme Court Jain P. Jose vs Santhosh | 2022 LiveLaw 979 | SLP 5241 OF 2016 The Supreme Court reiterated that the presumption under Section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or …

Need To Review The Present System Of Transfer Of High Court Judges
2 years, 4 months 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 …

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022
2 years, 7 months ago

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022

Live Law  

Bombay High Court: Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court Case Title: Ashok Palav Coop. Calcutta High Court: Conduct Of The Parties Can't Substitute Arbitration Agreement: Calcutta High Court Case Title: Eastern Coalfields Ltd. versus RREPL-KIPL The Calcutta High Court has held that the Court while exercising …

After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge
2 years, 7 months ago

After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge

Live Law  

In line with the Supreme Court's recent suggestion, the Patna High Court yesterday recalled the suspension orders and dropped all departmental proceedings against Additional Sessions Judge Shashi Kant Rai. To this effect, the administrative order passed by the Legal cell of the Patna High Court reads as follows, "Having considered the order dated 08.08.2022 passed in W.P 557/2022 titled as …

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members
2 years, 8 months ago

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members

Live Law  

The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. In the present matter, the petitioner had preferred a complaint before the State Election Commission alleging that Saryug …

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court
2 years, 8 months ago

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

Live Law  

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. The Supreme Court observed that an already admitted appeal against …

National Company Law Appellate Tribunal Gets Five More Judges
2 years, 10 months ago

National Company Law Appellate Tribunal Gets Five More Judges

Live Law  

The NCLAT has been facing a severe shortage of Judges. The new five Judges are now appointed by Notification dated 12.05.2022. As per the Notification,Two former High Court Judges and one sitting Judge are appointed as Judicial Members. judge, Punjab and Haryana High Court Justice Rakesh Kumar, Retd. Judge, Patna High Court Justice M Satyanarayan Murthy sitting judge, Andra Pradesh …

Decided To Give Reservation In Promotion To SC/ST Employees Cadre-Wise : Bihar Govt Tells Supreme Court
2 years, 11 months ago

Decided To Give Reservation In Promotion To SC/ST Employees Cadre-Wise : Bihar Govt Tells Supreme Court

Live Law  

The State of Bihar on Wednesday informed the Supreme Court that it has decided now to give reservation in promotios to government employees belonging to Scheduled Castes and Scheduled Tribes on the basis of "cadre". The State had sought to withdraw the civil appeal on the ground that pursuant to the Top Court's ruling that cadre would be considered as …

Discover Related