Dismissal of Judge for awarding lesser Sentence: SC modifies the HC Order [Read Judgment]
8 years, 8 months ago

Dismissal of Judge for awarding lesser Sentence: SC modifies the HC Order [Read Judgment]

Live Law  

The Apex Court has upheld a Gujarat High Court Judgment which had refused to interfere with the findings of disciplinary committee which had held a Judicial officer guilty of misconduct, for having awarded a sentence of imprisonment less than the minimum prescribed by the statute, while he was serving as a judge. Apex Court bench comprising of the Chief Justice T S Thakur and Justice Dr D. The Apex Court has upheld a Gujarat High Court Judgment which had refused to interfere with the findings of disciplinary committee which had held a Judicial officer guilty of misconduct, for having awarded a sentence of imprisonment less than the minimum prescribed by the statute, while he was serving as a judge. Disciplinary Committee consisting of two judges of the High Court did not agree with the reasons adduced by the Inquiry Officer but nonetheless was of the view that the Judge should be exonerated. The contention of the Judge before the Apex Court was that there was no warrant for the Full Court to require a reconsideration of the decision initially taken by the Disciplinary Committee.

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History of this topic

Madras HC upholds compulsory retirement of district judge
1 month, 1 week ago

Madras HC upholds compulsory retirement of district judge

New Indian Express  

CHENNAI: The Madras High Court has refused to revoke an order of the state government and the subsequent notification of the court for compulsorily retiring a district judge who was charged with carrying out murky financial transactions and acquisition of wealth by his family members. A division bench of Justices R Subramanian and G Arul Murugan dismissed the petition filed …

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates
2 months, 3 weeks ago

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates

Live Law  

The Andhra Pradesh High Court has reiterated that a plea for suspension of sentence is generally sought without any conditions, and when an accused seeks a blanket order like this, the responsibility is cast on the Court to determine whether the case falls under an exception. the high court said, “The Appellate Court in the impugned order referred to the …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
5 months ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

HC stays execution of sentence given to AAP MP Sanjay Singh
7 months, 1 week ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times  

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

SC bench to hear Punjab HC’s criticism of its order
7 months, 3 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 …

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc
8 months 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 refuses to entertain BJP’s plea challenging Calcutta HC order barring derogatory ads against TMC
10 months ago

SC refuses to entertain BJP’s plea challenging Calcutta HC order barring derogatory ads against TMC

India TV News  

SC refuses to entertain BJP’s plea challenging Calcutta HC order barring derogatory ads against TMC As the bench expressed disinclination to entertain the matter, senior advocate PS Patwalia, representing the BJP, sought permission to withdraw the plea. The Supreme Court on Monday refused to entertain a plea filed by the Bharatiya Janata Party challenging the Calcutta High Court order that …

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 …

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court
1 year ago

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible. Reversing the findings of the High Court's Division Bench, the Bench Comprising Justices J.K. Maheshwari and Sanjay Karol, while restoring the findings of the …

SC rejects Maha govt's plea challenging G N Saibaba's acquittal
1 year ago

SC rejects Maha govt's plea challenging G N Saibaba's acquittal

New Indian Express  

NEW DELHI: The Supreme Court on Monday rejected a Maharashtra government application seeking a stay on a Bombay High Court order that acquitted former Delhi University professor G N Saibaba and others in the Maoist links case. A two-judge bench of the top court, headed by Justice B R Gavai and also comprising Justice Sandeep Mehta, although, admitted the state …

Madras HC upholds three-year jail for ex-DGP in sexual harassment case
1 year, 1 month ago

Madras HC upholds three-year jail for ex-DGP in sexual harassment case

New Indian Express  

VILLUPURAM/CHENNAI: Madras High Court on Monday refused to stay the order passed by the Villupuram Principal Sessions Court earlier during the day, upholding the conviction and three-year sentence of former special DGP Rajesh Das in a sexual harassment case. On Monday, Villupuram Principal Sessions Judge R Poornima dismissed the appeal filed by Das against his conviction in a sexual harassment …

Supreme Court sets aside HC order criticising Collegium & CM Jagan
1 year, 1 month ago

Supreme Court sets aside HC order criticising Collegium & CM Jagan

New Indian Express  

NEW DELHI: In a relief to the Andhra Pradesh government, the Supreme Court on Friday quashed a controversial order passed by the State High Court in which Justice Rakesh Kumar had strongly slammed the Collegium and Chief Minister YS Jagan Mohan Reddy. The bench was hearing an appeal filed by the State government challenging a December 31, 2020 order passed …

Maharashtra Guv erred but, can’t restore MVA govt, says SC
1 year, 10 months ago

Maharashtra Guv erred but, can’t restore MVA govt, says SC

Live Mint  

A Supreme Court bench headed by the Chief Justice of India, DY Chandrachud, hearing a bunch of petitions on the Shiv Sena case on Thursday ruled that the decision from the then Maharashtra Governor BS Koshyari to conduct a Floor Test was not in accordance with the Constitution. The Supreme Court also ruled that it cannot disqualify the Eknath Shinde-led …

Post-retirement benefits for judges’ case: SC stays HC order to take U.P. govt secretaries into custody
1 year, 11 months ago

Post-retirement benefits for judges’ case: SC stays HC order to take U.P. govt secretaries into custody

Hindustan Times  

PRAYAGRAJ/NEW DELHI A day after the Allahabad High Court ordered the state’s secretary finance Shahid Manzoor Abbas Rizvi and special secretary finance Saryu Prasad Mishra to be taken into custody, the Supreme Court on Thursday put a stay on the order. The high court also issued bailable warrants against Durga Shankar Mishra, chief secretary, and Dr Prashant Trivedi, additional chief …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates
2 years, 5 months ago

Plea Against Professor Saibaba's Discharge- Supreme Court Special Saturday Hearing-Live Updates

Live Law  

The Supreme Court, is hearing plea by the State of Maharashtra challenging Bombay High Court's order acquitting former Delhi University professor G N Saibaba and five others in alleged Maoist links case.A Bench comprising Justices M.R. Shah and Bela M. Trivedi is hearing the matter in a special Saturday sittingOn Friday, the Bombay High Court had allowed their appeals against …

Relief To Navneet Kaur Rana MP As Supreme Court Stays HC Judgment Which Cancelled Her Caste Certificate
3 years, 9 months ago

Relief To Navneet Kaur Rana MP As Supreme Court Stays HC Judgment Which Cancelled Her Caste Certificate

Live Law  

In a relief to MP Navneet Kaur Rana, the Supreme Court on Tuesday stayed the Bombay High Court judgment which had set aside her caste certificate.Since she had won from a seat reserved for the Scheduled Castes, the High Court judgment could have affected her election to the Parliament. In a relief to MP Navneet Kaur Rana, the Supreme Court …

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court
4 years ago

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court

Live Law  

Supreme Court has on Tuesday issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. A three Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has also ordered a stay on impugned order of the High Court dated 25th Aug 2020 whereby HC had refused to quash …

Delhi HC Rejects Ashok Arora's Appeal Against An Order Refusing To Stay His Suspension From SCBA
4 years, 4 months ago

Delhi HC Rejects Ashok Arora's Appeal Against An Order Refusing To Stay His Suspension From SCBA

Live Law  

Delhi High Court has refused to provide relief in an appeal filed by Ashok Arora against the order of the Single Judge wherein his plea seeking a stay on his suspension from Supreme Court Bar Association was rejected. Earlier, while refusing to provide relief, the Single Bench of Justice Mukta Gupta had noted that Ashok Arora failed to establish a …

SC Constitution Bench Concludes First 'Virtual Hearing'; Reserves Judgment
4 years, 8 months ago

SC Constitution Bench Concludes First 'Virtual Hearing'; Reserves Judgment

Live Law  

The first ever "virtual constitutional bench" of the Apex Court on Tuesday reserved its judgment after concluding the hearing of a case. In 'Virtual Court No.3', a five judge bench comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose heard the matter relating to the issue whether states can provide reservation in PG medical Courses …

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]
4 years, 11 months ago

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]

Live Law  

On Friday the Supreme Court dismissed a challenge to the Constitutional validity of certain Resolutions and Rules of the Delhi High Court which outline the criteria for a Judicial Officer to be appointed to the post of District and Sessions Judge. The Bench comprising of Justices AM Khanwilkar and Dinesh Maheshwari rejected Additional District and Sessions Judge Sujata Kohli's plea …

Child Labour: Even If Accused Pleads Guilty, Courts Not Empowered To Award Less Than The Minimum Sentence: Bombay HC [Read Judgment]
5 years, 5 months ago

Child Labour: Even If Accused Pleads Guilty, Courts Not Empowered To Award Less Than The Minimum Sentence: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that even if the accused pleads guilty, Courts are not empowered to impose a sentence below the minimum sentence prescribed in the given act passed by the Legislature and allowed an appeal filed by the State government seeking enhancement of the fine amount of Rs.1200 imposed on one Yalappa Khot, for employing a 12 …

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]
6 years, 1 month ago

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]

Live Law  

The Supreme Court, last week, set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]
6 years, 4 months ago

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]

Live Law  

‘If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least”The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua …

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]
6 years, 4 months ago

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]

Live Law  

‘If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least”The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua …

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]
6 years, 5 months ago

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]

Live Law  

The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of …

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]
6 years, 5 months ago

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]

Live Law  

The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of …

'The Day Is Not Far Off When Every Judgment Can Be ‘Annulled’ By Governments': SC [Read Judgment]
6 years, 6 months ago

'The Day Is Not Far Off When Every Judgment Can Be ‘Annulled’ By Governments': SC [Read Judgment]

Live Law  

It is nothing but an attempt to nullify the judgment which the legislature cannot do, as we have a well-defined field of separation of powers of the judiciary, legislature and the executive.’While setting aside Kerala Professional Colleges Ordinance 2017, the Supreme Court made scathing observations about the Kerala Government’s. It is nothing but an attempt to nullify the judgment which …

Madras HC Bench Split About Recording Adverse Remarks On Trial Court Judge In Judgment [Read Judgment]
6 years, 7 months ago

Madras HC Bench Split About Recording Adverse Remarks On Trial Court Judge In Judgment [Read Judgment]

Live Law  

‘Commenting the judgment, giving warning to the learned Sessions Judge and registering adverse remarks in the service register, all this can be done separately by giving a chance to the learned Sessions Court Judge and to explain his stand regarding the judgment given by him,’ Justice Ramathilagam said.A division bench of Madras High Court, though concurred in reversing a trial …

“It Is Simply Unheard Of", SC Expresses Surprise About Sessions Judge Sentencing A Murder Convict To Just 10-Year Imprisonment [Read Judgment]
7 years ago

“It Is Simply Unheard Of", SC Expresses Surprise About Sessions Judge Sentencing A Murder Convict To Just 10-Year Imprisonment [Read Judgment]

Live Law  

The Supreme Court today expressed surprise about an order of a Sessions judge who had sentenced a murder convict ‘for ten years’.“It is simply unheard of,” said the bench of Justice RK Agrawal and Justice AM Sapre while upholding a Gujarat High Court order that, on State’s plea, enhanced the sentence by awarding punishment of “Life imprisonment” under Section 302 …

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]
7 years, 1 month ago

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]

Live Law  

“In the working of the last 5 years, it is seen that the files connected with the Bhopal gas tragedy and rehabilitation are so voluminous, which is generally listed before the Hon’ble Chief Justice of the High Court or the senior-most Hon’ble Judges, who are generally transferred or elevated to this Hon’ble court within one year or before, and the …

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]
7 years, 1 month ago

SC Asks MP HC To Constitute Bench Headed By Judge With Reasonable Tenure To Hear 1984 Bhopal Gas Tragedy Cases [Read Petition]

Live Law  

“In the working of the last 5 years, it is seen that the files connected with the Bhopal gas tragedy and rehabilitation are so voluminous, which is generally listed before the Hon’ble Chief Justice of the High Court or the senior-most Hon’ble Judges, who are generally transferred or elevated to this Hon’ble court within one year or before, and the …

No Need To Seek Leave For Leading Secondary Evidence, Reiterates Bombay HC; Directs Circulation Of Order [Read Order]
7 years, 4 months ago

No Need To Seek Leave For Leading Secondary Evidence, Reiterates Bombay HC; Directs Circulation Of Order [Read Order]

Live Law  

The Bombay High Court has reiterated the law set out in the recent case of Kartik Gangadhar Bhat vs Nirmala Namdeo Wagh, and said under the Evidence Act, there is no provision to seek leave for leading secondary evidence and directed the circulation of the judgment to every ‘civil judge in the State of Maharashtra’.Justice GS Patel passed the judgment …

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure
7 years, 10 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law  

In a civil writ petition tagged with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Supreme Court’s Vacation Bench of Justices L.Nageswara Rao and Navin Sinha, on Wednesday, issued notice, and permitted the petitioners to appear in the examination.“However, the result of the examination, so far as the petitioners. …

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure
7 years, 10 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law  

In a civil writ petition tagged with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Supreme Court’s Vacation Bench of Justices L.Nageswara Rao and Navin Sinha, on Wednesday, issued notice, and permitted the petitioners to appear in the examination.“However, the result of the examination, so far as the petitioners. …

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]
8 years, 2 months ago

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]

Live Law  

Wrong interpretation or distinction of its judgment and that of Supreme court by subordinate court amounts to disobedience of their orders, therefore, contemptuous, the High Court had observed.The Supreme Court has refused to expunge some remarks against a judicial officer made in a Rajasthan High Court order and upheld a disciplinary enquiry against the judge based on the said order,. …

HC Can Interfere With ‘Flawed’ Disciplinary Enquiry: SC [Read Judgment]
8 years, 2 months ago

HC Can Interfere With ‘Flawed’ Disciplinary Enquiry: SC [Read Judgment]

Live Law  

In a case where the disciplinary authority records a finding that is unsupported by any evidence whatsoever or a finding which no reasonable person could have arrived at, the writ court would be justified if not duty bound to examine the matter and grant relief in appropriate cases, the bench said.The Supreme Court in Allahabad Bank vs. Krishna Narayan Tewari, …

High Court Is Not A Disciplinary Authority: SC [Read Judgment]
8 years, 3 months ago

High Court Is Not A Disciplinary Authority: SC [Read Judgment]

Live Law  

The Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, has set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of the …

SC To Revisit Justice Krishna Iyer’s Landmark Judgment In Bangalore Water Supply Case On Thursday
8 years, 4 months ago

SC To Revisit Justice Krishna Iyer’s Landmark Judgment In Bangalore Water Supply Case On Thursday

Live Law  

The Supreme Court’s seven-Judge Constitution bench will hear on Thursday arguments on whether it or a nine-Judge bench should review the definition of “industry” as interpreted by Justice Krishna Iyer, as part of another seven Judge Bench, way back in 1978.The seven Judge bench comprises the Chief Justice T.S.Thakur, and Justices Madan B.Lokur, S.A.Bobde, Adarsh Kumar Goel, Uday. The Supreme …

Supreme Court Weekly Round-Up
8 years, 7 months ago

Supreme Court Weekly Round-Up

Live Law  

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective …

Madras HC dismisses challenge against revision of minimum wages in tailoring trade [Read Order]
8 years, 8 months ago

Madras HC dismisses challenge against revision of minimum wages in tailoring trade [Read Order]

Live Law  

Madras High Court has dismissed a batch of Writ petitions filed by Management/Employers challenging the revision of minimum wages fixed in respect of tailoring trade in export garments manufacturing industry, hosiery industry, etc.Division Bench comprising of Justices Huluvadi Ramesh and M.V.Muralidaran, by allowing the Writ appeal filed by state against Interim order of Single bench which. Madras High Court has …

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