Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]
9 years, 5 months ago

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held the appointment of UPPCS Chairman Anil Yadav for being ultra vires of the Constitution of India.Hearing the PIL, Dr. D.Y. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional Post. While delivering the Judgment, the court very categorically held that though Article 316 does not lay down any formal qualifications, competence and integrity are implied conditions which must be fulfilled having due regard to the importance of the constitutional functions ascribed to the Public Service Commission by Article 320 of the Constitution.

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Supreme Court notice to government on plea challenging CAG appointment
Trending News
6 days, 21 hours ago

Supreme Court notice to government on plea challenging CAG appointment

India Today  

The Supreme Court on Monday agreed to examine whether the appointment process of the Comptroller and Auditor General of India should be made more transparent and independent. When the court enquired whether there had been any recent "deviation" that could cast doubt on the CAG’s independence, advocate Prashant Bhushan, appearing for the petitioner Centre for Public Interest Litigation, stressed the …

Supreme Court Issues Notice On Plea Challenging Appointment Of Chairperson Of Bihar Public Service Commission
1 month, 2 weeks ago

Supreme Court Issues Notice On Plea Challenging Appointment Of Chairperson Of Bihar Public Service Commission

Live Law  

The Supreme Court today issued notice in a writ petition filed by Advocate and petitioner-in-person Brajesh Singh for declaring the appointment of Bihar Public Service Commission Chairperson, Parmar Ravi Manubhai, as "completely illegal" and "arbitrary" on grounds that the appointment has taken place defying the mandate of Article 316 of. The Supreme Court today issued notice in a writ petition …

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court
3 months, 3 weeks ago

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

Live Law  

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. The State Government cannot be saddled with the liability to mechanically and slavishly follow the decision taken by the Central Government or the Rajya Sabha Secretariat.” Factual Background In 2017, petitioner's sister-in-law …

Allahabad HC Suspends Oath Commissioner For Improperly Executing Affidavits, Directs Not To Re-Appoint Such Persons Without Leave From Court
1 year ago

Allahabad HC Suspends Oath Commissioner For Improperly Executing Affidavits, Directs Not To Re-Appoint Such Persons Without Leave From Court

Live Law  

The Allahabad High Court has issued a show cause notice to an Oath Commissioner to show cause as to why he must not be removed from his post for executing affidavits without there being signature of Deponent and proper identification by Advocate. Inaction on the part of Competent Authority is resulting in encouragement to Oath Commissioners in executing affidavits without …

Petition against SC action on HCA elections to be heard in High Court
2 years, 1 month ago

Petition against SC action on HCA elections to be heard in High Court

Deccan Chronicle  

Hyderabad: Former HCA presidents Shivlal Yadav and Arshad Ayub and former secretary G. Vinod on Tuesday filed a petition in the High Court challenging a letter issued by Vanka Pratap, member of the Supreme Court-appointed Supervisory Committee, dated December 16. It had declared as invalid a resolution by HCA members at a meeting on December 11 appointing V. Sampath Kumar, …

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court
2 years, 11 months ago

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

Live Law  

The Allahabad High Court has observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and …

Uttar Pradesh Gram Panchayat Elections During COVID- Supreme Court To Hear The Plea Tomorrow [Saturday], Issues Notice
3 years, 10 months ago

Uttar Pradesh Gram Panchayat Elections During COVID- Supreme Court To Hear The Plea Tomorrow [Saturday], Issues Notice

Live Law  

Supreme Court on Friday issued notice to the State of Uttar Pradesh and the State Election Commission in a plea challenging the Allahabad High Court order which allowed the Uttar Pradesh Gram Panchayat Elections to continue amidst the rising COVID-19 cases. A division Bench of Justice AM Khanwilkar and Justice Ajay Rastogi heard the plea filed seeking an interim stay …

Misplacing SC's Order From High Court Records: Supreme Court Directs Allahabad HC Chief Justice To Inquire, Take Action Against Erring Officials
4 years ago

Misplacing SC's Order From High Court Records: Supreme Court Directs Allahabad HC Chief Justice To Inquire, Take Action Against Erring Officials

Live Law  

In view of the Allahabad High Court's inquiry, which concluded that though an order of Supreme Court was received by it, the same wasn't communicated to the Concerned Judge, the Supreme Court on Monday, in suo moto proceedings, directed the High Court's Chief Justice to fully investigate the matter under the administrative directions. The Bench of Justice D. Y. Chandrachud …

Centre Appoints Seven Additional Judges To Allahabad High Court
4 years ago

Centre Appoints Seven Additional Judges To Allahabad High Court

Live Law  

The Central Government has notified the appointment of 7 judicial officers as Additional Judges of the Allahabad High Court. Aslam, Anil Kumar Ojha, Sadhna Rani, Naveen Srivastava, Syed Aftab Husain Rizvi, Ajai Tyagi, Ajai Kumar Srivastava-I They will hold office in the above order of seniority. It is specified that the appointment of Sadhna Rani, Syed Aftab Husain Rizvi and …

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC
4 years, 5 months ago

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC

Live Law  

The Supreme Court on Tuesday disposed off a plea against the appointment of persons who are not MLAs as ministers in the Madhya Pradesh government, granting the liberty to approach the High Court. In response, Mr. Talekar indicated the SC constitution bench authority of B. R. Kapoor and another decision in S. R. Chaudhuri - "Article 164 was under consideration …

'We Will Dispose This Matter Soon': SC On AP Govt's Plea Against HC Order Reinstating Election Commissioner
4 years, 8 months ago

'We Will Dispose This Matter Soon': SC On AP Govt's Plea Against HC Order Reinstating Election Commissioner

Live Law  

Without passing interim orders, the Supreme Court on Wednesday posted Andhra Pradesh Government's challenge to a High Court Order by which it reinstated retired IAS officer Nimmagadda Ramesh Kumar as State Election Commissioner for final disposal after 3 weeks.The Court had earlier, in June, issued notice to the SEC, but did not stay the effect of the Order.When the matter …

'Govt Duty Bound To Act Fairly In Matters Of Appointment Of Govt Law Officers': Allahabad HC Quashes Order Disengaging District Govt Counsels [Read Judgment]
4 years, 10 months ago

'Govt Duty Bound To Act Fairly In Matters Of Appointment Of Govt Law Officers': Allahabad HC Quashes Order Disengaging District Govt Counsels [Read Judgment]

Live Law  

The Allahabad High Court on Wednesday quashed several Government Orders disengaging the District Government Counsels in the State. Petitioners' Arguments The Petitioners had submitted that appointment and conditions of engagement of a counsel on the post of Additional District Government Counsel are governed by the provisions of Legal Remembrancer's Manual which provides that the District Officer will forward his recommendations …

[NCDRC]Appointments Made By Centre Pursuant To March 11 Circular Will Be Subject To Court Order:Bombay HC [Read Order]
4 years, 11 months ago

[NCDRC]Appointments Made By Centre Pursuant To March 11 Circular Will Be Subject To Court Order:Bombay HC [Read Order]

Live Law  

The Bombay High Court through its Nagpur bench has issued notices to the Union of India, the Ministry of Finance, Union Law Ministry, Ministry of Consumer Affairs and the state Government of Maharashtra on a petition challenging the New Tribunal Rules 2020. During the course of hearing in the present case, Advocate Dr. Tushar Mandlekar, counsel for the Petitioner, argued …

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]
5 years ago

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]

Live Law  

The Supreme Court has observed that an appointment secured on the basis of a fraudulent caste certificate is void ab initio and Government Resolutions and Circulars cannot protect such appointees. The Apex Court bench noted that in Punjab National Bank, the Supreme Court had enforced similar resolutions and held that the candidates were protected by virtue of the government resolutions. …

Allahabad HC Issues Notice To State Seeking Reply Over Defunct JJ Boards Across State [Read Order]
5 years, 1 month ago

Allahabad HC Issues Notice To State Seeking Reply Over Defunct JJ Boards Across State [Read Order]

Live Law  

On Wednesday, February 05, the Allahabad High Court issued notices on a PIL, seeking apposite directions for constitution valid Juvenile Justice Boards and Child Welfare Committee in accordance with the provisions of the Juvenile Justice Act, 2015, in the state of UP. It was brought to notice of the court that since the three years tenure of the erstwhile JJ …

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
6 years, 5 months ago

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections

Live Law  

The Delhi High Court, on Tuesday, refused to entertain a PIL seeking directions to the Election Commission of India to frame guidelines for advertising criminal antecedents of candidates in the election campaign in compliance with the Supreme Court judgment in Public Interest Foundation v. Union Of India.The Bench comprising Chief Justice Rajendra Menon and Justice VK Rao opined that. The …

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]
6 years, 9 months ago

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]

Live Law  

The Supreme Court on Thursday delivered a significant ruling on the extent and power of constitutional courts to interfere in matters of academic nature.A vacation bench of Justice UU Lalit and Justice Deepak Gupta allowed the appeal preferred by the Uttar Pradesh Public Service Commission, setting aside the Allahabad High Court judgment requiring the commission to. A vacation bench of …

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]
6 years, 9 months ago

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]

Live Law  

The Supreme Court on Thursday delivered a significant ruling on the extent and power of constitutional courts to interfere in matters of academic nature.A vacation bench of Justice UU Lalit and Justice Deepak Gupta allowed the appeal preferred by the Uttar Pradesh Public Service Commission, setting aside the Allahabad High Court judgment requiring the commission to. A vacation bench of …

Breaking: Retired District Judges Can Be Appointed To HCs, Additional HC Judges Can Be Appointed For A Tenure Of Less Than 2 Yrs :SC [Read Judgment]
7 years, 1 month ago

Breaking: Retired District Judges Can Be Appointed To HCs, Additional HC Judges Can Be Appointed For A Tenure Of Less Than 2 Yrs :SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan, on Friday, pronounced judgment on the writ petition filed by advocate Sunil Samdaria challenging the appointment of Justice Virendra Kumar Mathur and Justice Ram Chandra Singh Jhala as Additional Judges of Rajasthan High Court. Mr Samdaria, thereby, asserts, “Thus, Respondent No.2 and Respondent No.3 neither held ‘judicial office’ …

Appalled To See Jharkhand CM Distributing Letters Of Appointment To Judicial Officers: PIL In Jharkhand HC
7 years, 1 month ago

Appalled To See Jharkhand CM Distributing Letters Of Appointment To Judicial Officers: PIL In Jharkhand HC

Live Law  

A PIL has been filed before the Jharkhand High Court contending that Jharkhand Chief Minister Mr Raghubar Das, owing to the criminal cases filed against him, should not have handed over letters of appointment to judicial officers during a function organized by the Jharkhand State Legal Services Authority.In his Petition, Mr. Diwan Indranil Sinha says that he was "appalled" to …

Violation of norms in Punjab advocate general Nanda’s appointment too?
7 years, 1 month ago

Violation of norms in Punjab advocate general Nanda’s appointment too?

Hindustan Times  

After the Punjab and Haryana high court had last month set aside the appointment of retired IAS officer Suresh Kumar as chief principal secretary to chief minister Captain Amarinder Singh, questions are now being raised over “violation of procedure and precedents” in the appointment of Punjab advocate general Atul Nanda. While setting aside Kumar’s appointment, the Punjab and Haryana high …

SC Issues Notice On Petition Challenging Appointment Of Two Additional Judges Of Rajasthan HC [Read Petition]
7 years, 5 months ago

SC Issues Notice On Petition Challenging Appointment Of Two Additional Judges Of Rajasthan HC [Read Petition]

Live Law  

The Supreme Court, on Tuesday, issued notices to Justice Virendra Kumar Mathur and Justice Ram Chandra Singh Jhala, on a Petition challenging their appointment as Additional Judges of Rajasthan High Court.The Petition, filed by Jaipur based lawyer Mr. Sunil Samdaria, contends that the appointment is contrary to the law laid down by the Apex Court in the case of Kumar …

Examine Need For Guidelines For Appointment Of UPSC Chairman And Members: Delhi HC To Centre [Read Judgment]
7 years, 7 months ago

Examine Need For Guidelines For Appointment Of UPSC Chairman And Members: Delhi HC To Centre [Read Judgment]

Live Law  

The Delhi High Court on Tuesday directed the Centre to examine the necessity of laying down guidelines for appointment of the Chairman and members of the Union Public Service Commission.The direction was issued by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, in a Petition filed one Mr. Satish Kumar Singh, who had challenged the …

Examine Need For Guidelines For Appointment Of UPSC Chairman And Members: Delhi HC To Centre [Read Judgment]
7 years, 7 months ago

Examine Need For Guidelines For Appointment Of UPSC Chairman And Members: Delhi HC To Centre [Read Judgment]

Live Law  

The Delhi High Court on Tuesday directed the Centre to examine the necessity of laying down guidelines for appointment of the Chairman and members of the Union Public Service Commission.The direction was issued by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, in a Petition filed one Mr. Satish Kumar Singh, who had challenged the …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

Madras HC Quashes ‘Flawed’ Appointment Of 11 TN PSC Members [Read Judgment]
8 years, 3 months ago

Madras HC Quashes ‘Flawed’ Appointment Of 11 TN PSC Members [Read Judgment]

Live Law  

Madras High Court has quashed the appointment of 11 members to the Tamil Nadu Public Service Commission.A division bench of Chief Justice SK Kaul and Justice R Mahadevan held that the process of appointment of 11 members of the State Public Service Commission was deeply flawed without following any transparent process and defeating the very constitutional scheme for such appointment,. …

Madras HC Quashes ‘Flawed’ Appointment Of 11 TN PSC Members [Read Judgment]
8 years, 3 months ago

Madras HC Quashes ‘Flawed’ Appointment Of 11 TN PSC Members [Read Judgment]

Live Law  

Madras High Court has quashed the appointment of 11 members to the Tamil Nadu Public Service Commission.A division bench of Chief Justice SK Kaul and Justice R Mahadevan held that the process of appointment of 11 members of the State Public Service Commission was deeply flawed without following any transparent process and defeating the very constitutional scheme for such appointment,. …

Can HC Direct Speaker To Decide A Disqualification Petition Within Given Time: SC Refers It To Constitution Bench
8 years, 4 months ago

Can HC Direct Speaker To Decide A Disqualification Petition Within Given Time: SC Refers It To Constitution Bench

Live Law  

The Supreme Court in S.A. Sampath Kumar Vs. Kale Yadaiah And Ors., has referred to the Constitution bench, the issue whether a Speaker of a legislative assembly, acting under powers granted to him under the Tenth Schedule of Constitution of India can be ordered by a high court, exercising its writ jurisdiction under Article 226 of the Constitution of India,. …

Can HC Direct Speaker To Decide A Disqualification Petition Within Given Time: SC Refers It To Constitution Bench
8 years, 4 months ago

Can HC Direct Speaker To Decide A Disqualification Petition Within Given Time: SC Refers It To Constitution Bench

Live Law  

The Supreme Court in S.A. Sampath Kumar Vs. Kale Yadaiah And Ors., has referred to the Constitution bench, the issue whether a Speaker of a legislative assembly, acting under powers granted to him under the Tenth Schedule of Constitution of India can be ordered by a high court, exercising its writ jurisdiction under Article 226 of the Constitution of India,. …

Petition filed in Madras HC demanding framing of Rules for appointment of Law Officers; notice issued [Read Petition]
8 years, 9 months ago

Petition filed in Madras HC demanding framing of Rules for appointment of Law Officers; notice issued [Read Petition]

Live Law  

The High Court of Madras has issued notice on a Petition praying for formulation of rules and guidelines for appointment of Law Officers in a transparent and objective manner, by the State of Tamil Nadu and Union Territory Puducherry.The Petition, filed by Advocate V. Vasanthakumar, contends, “I respectfully submit that Law Officers should be law knowing person and not political …

Petition filed in Madras HC demanding framing of Rules for appointment of Law Officers; notice issued [Read Petition]
8 years, 9 months ago

Petition filed in Madras HC demanding framing of Rules for appointment of Law Officers; notice issued [Read Petition]

Live Law  

The High Court of Madras has issued notice on a Petition praying for formulation of rules and guidelines for appointment of Law Officers in a transparent and objective manner, by the State of Tamil Nadu and Union Territory Puducherry.The Petition, filed by Advocate V. Vasanthakumar, contends, “I respectfully submit that Law Officers should be law knowing person and not political …

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]
8 years, 10 months ago

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]

Live Law  

The purity in the selection process has to be maintained. The mistake committed by the Commission has to be rectified and the candidates who appeared at the preliminary examination cannot be made to suffer because of the mistake of the Commission, the Court said.In a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service …

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]
8 years, 10 months ago

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]

Live Law  

The purity in the selection process has to be maintained. The mistake committed by the Commission has to be rectified and the candidates who appeared at the preliminary examination cannot be made to suffer because of the mistake of the Commission, the Court said.In a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service …

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]
8 years, 11 months ago

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]

Live Law  

Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.In order. In …

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]
8 years, 11 months ago

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]

Live Law  

Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.In order. In …

Madras HC seeks reply from TN on public service appointments, plea says TNPSC biased
9 years, 1 month ago

Madras HC seeks reply from TN on public service appointments, plea says TNPSC biased

Firstpost  

The Madras High Court today issued notice to the state government on a plea challenging appointment of advocates and others as members of Tamil Nadu Public Service Commission, allegedly due to their political affiliation to AIADMK. Chennai: The Madras High Court today issued notice to the state government on a plea challenging appointment of advocates and others as members of …

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]
9 years, 5 months ago

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held the appointment of UPPCS Chairman Anil Yadav for being ultra vires of the Constitution of India.Hearing the PIL, Dr. D.Y. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional. gave a tongue …

High court quashes UPPSC chief Anil Yadav’s appointment
9 years, 5 months ago

High court quashes UPPSC chief Anil Yadav’s appointment

Hindustan Times  

In yet another setback to the Uttar Pradesh government, the Allahabad high court on Wednesday quashed the appointment of Uttar Pradesh Public Service Commission’s chairman Anil Kumar Yadav. The high court also ordered the state government to start a fresh selection process for appointment to the post. The court had also put the original records of the UPPSC chairman’s appointment …

Allahabad HC strikes down appointment of Anil Yadav as UPPSC Chairman
9 years, 5 months ago

Allahabad HC strikes down appointment of Anil Yadav as UPPSC Chairman

India TV News  

Allahabad: The Allahabad High Court today quashed the appointment of Anil Kumar Yadav as Chairman of UP Public Service Commission, holding it as "illegal" and rapped the SP government for having "breached its constitutional duty" by appointing him without carrying out a proper inquiry with regard to his "integrity and competence". While setting aside the appointment of Yadav as the …

Madras HC strikes down key provisions of IPAB as unconstitutional [Read the Judgment]
10 years ago

Madras HC strikes down key provisions of IPAB as unconstitutional [Read the Judgment]

Live Law  

A Madras High Court bench headed by Justice Sanjay Kishen Kaul has declared the critical provisions of the Trademarks Act providing for the establishment of the IPAB as unconstitutional.According to SpicyIP report, the Court held the section providing for Indian government officers to be elected as judicial members to the tribunal was. A Madras High Court bench headed by Justice …

Writ Petition filed in Kerala High Court challenging the National Judicial Appointments Commission Act [Read the Petition]
10 years, 2 months ago

Writ Petition filed in Kerala High Court challenging the National Judicial Appointments Commission Act [Read the Petition]

Live Law  

The Writ Petition has been filed by Adv. Baisil Attipetty of the Kerala High Court, challenging the National Judicial Appointments Commission Act, 2014, on the ground that it is violative of Article 50 of the Constitution of India.It further submits that the enactment would infringe the constitutional right to have an independent judiciary free from the clutches of Legislature and …

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