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 referred to the SC's decision in the case of State of West Bengal v. Nripendra Nath Bagchi, where it was held that the word "control" used in Article 235 of the Constitution means disciplinary control and dealt with the nature of the control vested in the High Court under Article 235 over district judges. Further reliance was placed on the decision in the case of Baradakanta Mishra v. High Court of Orissa, where it was held that the control vested in the High Court under Article 235 of the Constitution is complete control subject only to the power of the Governor in the manner of appointment including initial posting and promotion of District Judges and dismissal, removal, reduction in rank of District Judges. It observed that under Article 235 of the Constitution of India, the High Court exercises complete and exclusive control over the subordinate judiciary, including District Judge, but in case of termination and dismissal, the High Court can only recommend the imposition of punishment to the Governor and such recommendation would be binding on the Governor.

India High Court Constitution Court Services Control Power Judge Judicial Termination State High District Article District Judges District Judge Disciplinary Control 235  reduction  235  power  terminate  court  punishment  impose  article  constitution  termination  control  high  district  services  hc  rank  judge

History of this topic

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

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 …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
3 months, 1 week ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law  

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

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 …

Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges
4 months, 1 week ago

Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges

Live Law  

A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. The Court observed that the appellant, a judicial officer, frequently made adverse comments about colleagues and superiors, issued unauthorized representations …

Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers
4 months, 4 weeks ago

Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers

Live Law  

The Supreme Court, in a suo motu writ petition registered regarding the simultaneous termination of services of 6 female civil judges in Madhya Pradesh, asked the full court of the MP High Court to reconsider the issue. The State government's decision was preceded by the meeting of the Administrative Committee of the High Court recommending the termination of these judicial …

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments
6 months, 3 weeks ago

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments

The Hindu  

The Delhi High Court has dismissed a petition seeking a direction to the Supreme Court Collegium to provide detailed reasons while refusing to accept recommendations for appointment of High Court judges. Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to reveal the “qualification” needed for appointment as a High Court judge, and publish monthly data related …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
9 months, 3 weeks ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
9 months, 4 weeks ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

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 …

Haryana Govt Justifies Rejecting High Court's Recommendations On District Judges Appointment, Cites Legal Opinion By Union Law Ministry
1 year, 3 months ago

Haryana Govt Justifies Rejecting High Court's Recommendations On District Judges Appointment, Cites Legal Opinion By Union Law Ministry

Live Law  

The Haryana government today defended its action of rejecting the recommendations made by the High Court for appointment of Additional and District Sessions judges in the State.In an affidavit, Haryana Chief Secretary Sanjeev Kaushal submitted that they took legal opinion from the Union Law Ministry on the matter which said that Haryana government would not be bound to accept High. …

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 …

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 …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
1 year, 11 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
1 year, 11 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

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 …

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam
2 years, 1 month ago

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam

Live Law  

The Delhi High Court has dismissed the petition of a judiciary aspirant who had prayed for a direction to declare him qualified in Delhi Higher Judicial Services Examination - 2022.Anil Kumar, the petitioner, could not clear the examination and was declared unsuccessful solely for the reason that the marks secured by him in Paper-I were below the. The Delhi High …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

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 Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act. : Supreme Court
2 years, 7 months ago

High Court Cannot Terminate The Mandate Of Arbitrator In Application Under Section 11(6) Of Arbitration Act. : Supreme Court

Live Law  

The Supreme Court observed that a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14 of the Arbitration and Conciliation Act cannot be decided on an application filed under section 11 of the Act.Such a dispute has to be raised before the "court", defined under section 2 of the Act.In this case, the …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 8 months ago

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently observed that High Court cannot issue writs under Article 226 of the Constitution challenging the orders of the Labour Court as it is a Civil Court and only supervisory jurisdiction under Article 227 can be exercised. hile challenging an award under the Industrial Disputes Act, 1947, the Labour Court exercises powers and jurisdiction of …

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court
2 years, 9 months ago

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court

Live Law  

The Supreme Court, in a judgment delivered on 23rd February, held that the High Court while exercise powers of a supervisory Court under Article 227 of the Constitution of India cannot act as an appellate body to re-appreciate evidence. It was asserted that the findings of the Appellate Tribunal was based on evidence and ought not to have been interfered …

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
2 years, 9 months ago

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever …

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
2 years, 10 months ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
2 years, 11 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

Supreme Court Death Penalty Digest 2021
2 years, 11 months ago

Supreme Court Death Penalty Digest 2021

Live Law  

In 2020, the Supreme Court had affirmed death penalty in 8 cases and commuted death sentence to life imprisonment in 3 cases. The Supreme Court also upheld a High Court decision to convert the death sentence to life imprisonment. Gavai Justice L. Nageswara Rao Affirmed the order of High Court which commuted death sentence to life imprisonment 4. As per …

Plea Moved In Chhattisgarh HC Challenging 'Senior' Designation Conferred On 12 Advocates Alleging Arbitrariness, Favoritism In Process
3 years ago

Plea Moved In Chhattisgarh HC Challenging 'Senior' Designation Conferred On 12 Advocates Alleging Arbitrariness, Favoritism In Process

Live Law  

A writ petition has been moved before the Chhattisgarh High Court challenging the 'senior designation' conferred on 12 advocates alleging that the decision was made by applying the pick and choose method which suffers from biases, favoritism, nepotism and is against the settled principles of law.Chhattisgarh High Court Confers 'Senior Designation' On 12 AdvocatesThe plea has been moved by. A …

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 …

Chhattisgarh High Court To Hear Cases Only Through VC, Subordinate Courts In The State To Function On Rotational Basis
3 years, 8 months ago

Chhattisgarh High Court To Hear Cases Only Through VC, Subordinate Courts In The State To Function On Rotational Basis

Live Law  

Owing to the sudden surge in COVID-19 cases, the Chhattisgarh High Court on Monday issued an official order directing that Judicial Proceedings of the High Court shall be conducted only through video conferencing w.e.f. Similar decisions of suspending physical hearings in High Courts and district courts have been taken recently by respective High Courts owing to the sudden surge in …

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 8 months ago

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court

Live Law  

The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution.In this case, the appellant's contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before …

High Courts Weekly Roundup [Feb 8 – Feb 14]
3 years, 10 months ago

High Courts Weekly Roundup [Feb 8 – Feb 14]

Live Law  

Summation of important Judgments/Orders this week Allahabad High Court 1. Abetment To Suicide Charge Against Husband- "Providing Medical Assistance To Wife Wouldn't Absolve Him From Guilt": Allahabad High Court A Bench of Justice Rahul Chaturvedi dismissed the bail plea of a Husband who has been booked for abetting his wife's suicide while noting that only providing the medical assistance to …

Chattisgarh HC Upholds Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges [Read Judgment]
4 years, 4 months ago

Chattisgarh HC Upholds Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges [Read Judgment]

Live Law  

The Chhattisgarh High Court has upheld the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court.Prabhakar Gwal, who was a judicial officer in Chhattisgarh, was dismissed from after the Full Court recommended his dismissal without inquiry after it found that he, through his wife, filed a criminal case …

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