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 stated that for applying for inter-district transfers completion of five years in the category to which transfer is sought is mandatory. The Court held that the High Court is competent to stipulate conditions for inter-district transfers without contravening the Last Grade Service Special Rules, 1966. This control extends to all functionaries attached to the subordinate courts including the ministerial staff and servants in the establishment of the subordinate courts.” The Court was hearing a writ petition filed by a Process Server in Sub Court, Tirur, who had sought for a direction to the Registrar General of the High Court and the District Judiciary to consider his transfer application without insisting on completion of five years in the category to which transfer was sought by him.

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History of this topic

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 …

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024
3 weeks ago

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Live Law  

Nominal Index State of Kerala v Jayakrishnaraj G, 2024 LiveLaw 748 Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw 749 The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw 750 Pooja Anand v Ashokan K. and Another, 2024 LiveLaw 751 Georgekutty C X v Chairman and Managing Director, KSEB, 2024 LiveLaw …

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India
1 month, 1 week ago

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India

Live Law  

The Kerala High Court on Friday laid down guidelines regarding effecting service of summons in a suit where the defendants reside beyond India's borders. The Bench comprising of Justice Raja Vijayaraghavan V., Justice C. Jayachandran and Justice C. Pratheep Kumar was answering a reference by a Division Bench as to whether a summons issued by the Court to a defendant …

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 …

Kerala High Court Digest 2023: Labour & Service Laws
11 months, 2 weeks ago

Kerala High Court Digest 2023: Labour & Service Laws

Live Law  

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court Case Title: Sadanandan K.S. Such control is exclusive in nature, comprehensive in extent and effective in operation.” Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court Case Title: …

Petition in Kerala High Court seeks to ensure representation of most backward communities in appointment of judges to HC
1 year ago

Petition in Kerala High Court seeks to ensure representation of most backward communities in appointment of judges to HC

The Hindu  

A former scientist of the India Council for Agriculture Research has moved the Kerala High Court seeking directions to the Central Government and others to ensure equitable representation to Scheduled Castes, Latin Catholics or other backward communities in the appointment of judges to the High Court of Kerala. M. K. Mukundan moved the High Court pointing out that there was …

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'
1 year, 3 months ago

Madhya Pradesh High Court Directs All State Courts To Strictly Follow Supreme Court's 'Arnesh Kumar Guidelines'

Live Law  

The Madhya Pradesh High Court on Wednesday issued a circular for all the Sessions and criminal courts in the state directing them to strictly follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. Accordingly, the Madhya Pradesh High Court has issued the following guidelines: 11.1 All the State Governments to instruct its police …

In Major Overhaul, Supreme Court Collegium Recommends Transfer Of 23 High Court Judges
1 year, 4 months ago

In Major Overhaul, Supreme Court Collegium Recommends Transfer Of 23 High Court Judges

Live Law  

The Supreme Court Collegium consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant in its meeting held on 3 August 2023 has recommended transfer of 23 High Court judges. This includes:Gujarat High CourtJustice Alpesh Y Kogje from Gujarat High Court to Allahabad High Court Justice …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 5 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

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 …

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]
1 year, 10 months ago

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]

Live Law  

Nominal Index Citations XXXX v. Union Of India and Connected Cases 2023 LiveLaw 1Sali M.N. 2023 LiveLaw 52 Judgments/Orders This Month Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court Case Title: State of Kerala rep. by Secretary to the Government & Ors. Sabarimala Pilgrims …

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties
1 year, 10 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law  

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022

Live Law  

Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court Case Title: M/s Skoda Auto Volkswagen India Private Limited versus M/s Commercial …

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 …

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure
2 years, 3 months ago

Kerala High Court Directs Regularization Of Its Court Managers As One-Time Measure

Live Law  

The Kerala High Court on Monday held that there can be no discrimination between the appointment of Court Managers in the High Court and the District Court, particularly when the same selection procedure is being followed for both.A Division Bench comprising Justices SV Bhatti and Basant Balaji, while holding so, observed that merely because notifications were different for the two …

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
2 years, 4 months ago

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC

Live Law  

"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with …

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 …

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC
2 years, 7 months ago

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has recently held that under Article 235 of the Constitution of India, which provides control to the High Courts over subordinate courts, the former cannot terminate the services of a District Judge or impose any punishment of reduction in rank.This power belongs to the Governor being the appointing authority under Article 311 of the Constitution. It …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 7 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]
2 years, 9 months ago

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]

Live Law  

Nominal Index Jiji C. Senan & Anr. v. Travancore Devaswom Board & Ors, 2022 LiveLaw 61 Jyothsana A v Kerala Public Service Commission & Ors, 2022 LiveLaw 62 State of Kerala v. Sunil N.S. Abraham v. Chengannur Municipality & Ors, 2022 LiveLaw 67 Madhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw 68 Suo motu case, 2022 LiveLaw 69 Joel …

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
2 years, 11 months ago

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Live Law  

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. Other Developments: Specify Details Of Website, Platform Where Info On Criminal History Of Citizens Is …

Delhi High Court Passes Directions Regarding Advance Intimation Of Leave By District Court Judges, Immediate Updation On Website
3 years, 1 month ago

Delhi High Court Passes Directions Regarding Advance Intimation Of Leave By District Court Judges, Immediate Updation On Website

Live Law  

The Delhi High Court on Friday issued a notification regarding advance intimation of leave by judges of all the District Courts and immediate updation of its status on the website. According to a notification issued by the Registrar General of the High Court, all the Principal District & Sessions are directed by the Chief Justice of the High Court to …

Kerala High Court Extends Term Of Judicial Members Of State Administrative Tribunal By Another Three Weeks
3 years, 3 months ago

Kerala High Court Extends Term Of Judicial Members Of State Administrative Tribunal By Another Three Weeks

Live Law  

The Kerala High Court on Wednesday extended the term of the present Judicial Members of the Kerala Administrative Tribunal by another three weeks, during which time the Court expects the newly appointed Chairman of the Tribunal to make fresh appointments. A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath extended the interim order in pleas filed by …

High Courts Weekly Roundup [August 16, 2021 To August 22, 2021]
3 years, 4 months ago

High Courts Weekly Roundup [August 16, 2021 To August 22, 2021]

Live Law  

Allahabad High Court Gyanvapi Mosque Dispute: Allahabad HC Grants 3 Week Time To Union, UP Govt To Reply On Plea Challenging ASI Survey Of Complex The High Court directed the Union Government and State of Uttar Pradesh to file their responses in 3 weeks on plea challenging Varanasi Court's order allowing the Archaeological Survey of India for undertaking a survey …

Kerala High Court Designates Committees To Provide Assistance To Judicial Officers, Staff, Advocates, Advocate Clerks Suffering From Covid
3 years, 7 months ago

Kerala High Court Designates Committees To Provide Assistance To Judicial Officers, Staff, Advocates, Advocate Clerks Suffering From Covid

Live Law  

Following the recommendation of the Kerala High Court's Administrative Committee, the High Court has included Advocates and Advocate Clerks within the group of persons who can avail the aid of a Committee in the event the test positive for Covid-19.An earlier order had already included judicial officers/ Staff within the group of those who can avail the help of a …

Kerala High Court Notifies E-Filing Rules
3 years, 7 months ago

Kerala High Court Notifies E-Filing Rules

Live Law  

The Kerala High Court has notified its Electronic Filing Rules For Courts, 2021 for Courts across the state. Filing to be done on the court website/dedicated court filing portal created The Rules provide that online electronic filing shall be done for the High Court at the High Court website or a portal assigned specifically for electronic filing by the Chief …

High Courts Weekly Roundup [April 19, 2021 – April 25, 2021]
3 years, 7 months ago

High Courts Weekly Roundup [April 19, 2021 – April 25, 2021]

Live Law  

Allahabad High Court 1. It's A Shame That While Government Knew Of Magnitude Of COVID Second Wave, It Never Planned Things In Advance : Allahabad High Court A division bench of Justices Siddhartha Varma and Ajit Kumar ordered for lockdown in 5 cities of Uttar Pradesh citing the rise in Covid-19 cases and also made some strong remarks against the …

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