ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court
1 week ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal where remedy of appeal is not specifically available, Justice Ajit Kumar held “From a judge in the rank of Addl. District and Sessions Judge it is expected that he would not only apply his judicial mind to issues raised but also be dealing with the arguments advanced on behalf of the respective parties very meticulously to arrive at findings which would be reflecting a sound judicial approach of a varied and wide experience of such a judicial officer.” Petitioner challenged the order of the Small Causes Court dismissing its revision petition on grounds that the Court did not apply its mind to the arguments advanced by the parties before rejecting the revision. Disapproving the manner in which the Additional District and Sessions Judge, Court No.16, Kanpur Nagar had dealt with the case, Justice Kumar held “Every judge who has to adjudicate the points on the issue raised in the matter, is not only required to refer to the arguments advanced on behalf of respective parties but also to deal with the same to arrive at a conclusion as to whether the judgment assailed is suffering from any error of law or facts or there is some gross error in assessment and analysis of the evidence by the court whose order has been challenged.” Accordingly, the order dismissing the revision was set aside and the case was remitted back to the same Additional District and Sessions Judge, Court No.16, Kanpur Nagar to pass fresh orders.

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History of this topic

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Live Law  

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Live Law  

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Hindustan Times  

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Hindustan Times  

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Live Law  

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Live Law  

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Live Law  

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Deccan Chronicle  

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Live Law  

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1 year ago

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Deccan Chronicle  

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News 18  

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The Hindu  

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India Today  

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Live Law  

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Hindustan Times  

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1 year, 5 months ago

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Live Law  

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1 year, 6 months ago

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Live Law  

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1 year, 6 months ago

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The Hindu  

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1 year, 6 months ago

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Live Law  

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Live Law  

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1 year, 7 months ago

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Live Law  

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The Hindu  

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1 year, 10 months ago

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Live Law  

The Supreme Court on Friday dismissed as withdrawn a plea moved by the Leader of Opposition in West Bengal Legislative Assembly, Suvendu Adhikari, challenging a decision of the West Bengal Assembly Speaker Biman Banerjee's assembly to not disqualify MLA Mukul Roy. On Friday, the Court heard two petitions moved by the Adhikari, one against the Speaker’s decision and the other, …

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1 year, 11 months ago

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The Hindu  

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1 year, 11 months ago

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Live Law  

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2 years ago

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Live Law  

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2 years ago

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Live Law  

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2 years, 1 month ago

Supreme Court quashes Kerala HC order granting anticipatory bail to Nambi Narayanan case accused

The Hindu  

The Supreme Court on Friday, December 2, 2022, quashed the anticipatory bail granted by the Kerala High Court to former police and intelligence officers, including retired Kerala Director General of Police Siby Mathews, accused of being part of a conspiracy to frame ISRO scientist Nambi Narayanan in an espionage case in 1994. Ravikumar on the Bench, protected the accused, provided …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 1 month ago

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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. …

'This Court Has Respect For Equality Of Religions': Supreme Court Says While Closing Plea Against Ayodhya Judgment Addendum
2 years, 1 month ago

'This Court Has Respect For Equality Of Religions': Supreme Court Says While Closing Plea Against Ayodhya Judgment Addendum

Live Law  

The Supreme Court, on Friday, elucidated on certain observations contained in the addendum to the decision of the five-judge Bench in the Ayodhya judgment delivered on 9th November, 2019. The petitioner had taken objection to certain references in the addendum judgment about a defence witness's statement regarding Guru Nanak visiting the Ram Temple at Ayodhya. This Court has respect for …

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2 years, 2 months ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal
2 years, 2 months ago

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal

Firstpost  

A bench of justices M R Shah and M M Sundresh refused to interfere with the Allahabad High Court order that had dismissed the plea New Delhi: The Supreme Court on Friday junked a plea seeking a “fact-finding inquiry” into the history of the Taj Mahal and the “opening of 22 rooms” on the monument’s premises, terming it “publicity interest …

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2 years, 2 months ago

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Live Law  

Dealing with a Public Interest Litigation plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 2 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

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