Munsiff Magistrate Selection- Vacancies Attributable To 2020 Cannot Be Filled Up From The List Drawn For Previous Selection Year: SC Sets Aside Kerala HC Judgment
3 years, 11 months ago

Munsiff Magistrate Selection- Vacancies Attributable To 2020 Cannot Be Filled Up From The List Drawn For Previous Selection Year: SC Sets Aside Kerala HC Judgment

Live Law  

The Supreme Court has set aside the judgment of the Kerala High Court judgment which directed filling up of additional vacancies of Munsiff-Magistrate posts from the current rank list, over and above the notified vacancies. Issues The issues considered by the bench, also comprising Justice Indira Banerjee, considered two issues: Whether Rule 7 of the Kerala Judicial Service Rules, 1991 is contrary to the directions of the Supreme Court in Malik Mazhar Sultan v. Uttar Pradesh Public Service Commission and Whether the respondents and similarly placed candidates who find place in the merit list approved by the Governor can be appointed to vacancies arising within one year from the date of approval of the merit list, in excess of those specified in the notification. Malik Mazhar Sultan The Court noted that in Malik Mazhar Sultan, the Court had directed that the number of vacancies to be notified by the High Court for the annual selection would be calculated by including: Existing vacancies; Future vacancies that may arise within one year due to retirement; Future vacancies which may arise due to promotion, death or otherwise "say 10 per cent of the number of posts". Probable Vacancies and Rule 7 The High Court had accepted the writ petitioners' contention that since the tenure of the approved list is for a period of one year from the date of the approval of the Governor or the publication of a fresh list, whichever takes place earlier, the vacancies which have arisen between 7 May 2020 and 6 May 2021 must also be added in to form a part of the selection for 2019.

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History of this topic

Two Kerala judges move SC against their exclusion from list for appointment as HC judges
4 months, 1 week ago

Two Kerala judges move SC against their exclusion from list for appointment as HC judges

The Hindu  

The selection of High Court judges from Kerala has once again run into controversy with two senior district judges moving the Supreme Court against their exclusion from the list and the inclusion of some others, whom they term as ineligible. Two lists Interestingly, the Kerala collegium had earlier sent two lists of judges to be elevated to the High Court. …

Centre wanted vetting process in picking judges
1 year, 11 months ago

Centre wanted vetting process in picking judges

The Hindu  

The government, just a little over a month before the Supreme Court Collegium recommended advocate Victoria Gowri for Madras High Court judgeship on January 17, 2023, had in the apex court flagged the “compelling need” for a debate to include an “appropriate mechanism” in the Memorandum of Procedure for “assessment of the personality” of candidates under consideration for judicial appointments …

Kerala High Court Monthly Digest - January 2023 [Citations 1-52]
1 year, 11 months ago

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

Live Law  

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

Online Applications For Kerala Judicial Service Exam 2023 Invited From 1st Feb
1 year, 11 months ago

Online Applications For Kerala Judicial Service Exam 2023 Invited From 1st Feb

Live Law  

Online applications are invited from qualified candidates for appointment to the post of Munsiff-Magistrate in the Kerala Judicial Service against NCA and Regular vacancies from 1st February. The first stage is the Kerala Judicial Service Examination and the second stage is the Kerala Judicial Service Examination, consisting of a written examination and a viva-voce. Recruitment by Transfer: The notification reads …

Seniority Of Munsiff's Must Be Fixed On Basis Of Inter-Se Merit In Selection Test & Not Roster-Points : Supreme Court
2 years, 6 months ago

Seniority Of Munsiff's Must Be Fixed On Basis Of Inter-Se Merit In Selection Test & Not Roster-Points : Supreme Court

Live Law  

The Supreme Court, on Monday, upheld the order of the Jammu & Kashmir and Ladakh High Court that inter-se seniority for Munsiffs appointed by way of direct recruitment on the recommendation of the State Public Service Commission is to be determined on the basis of their inter-se merit at the time of selection and not roster points. Refusing to interfere …

Supreme Court Weekly Round Up :June 6- June 11,2022
2 years, 6 months ago

Supreme Court Weekly Round Up :June 6- June 11,2022

Live Law  

Supreme Court Judgements Case Title: Jai Bholenath Construction vs Chief Executive Officer, Zilla Parishad Nanded | CA 4140 OF 2022 Citation: 2022 LiveLaw 542 The Supreme Court set aside a Bombay High Court judgment which dismissed a writ petition by referring to observations made in M/s N. G. Projects Ltd. Conviction Cannot Be Based Solely On The Testimony Of A …

Civil Judges Selection : Supreme Court Sets Aside PSC's Rejection Of 8 Candidates For Not Producing Originals Of Certificates
2 years, 7 months ago

Civil Judges Selection : Supreme Court Sets Aside PSC's Rejection Of 8 Candidates For Not Producing Originals Of Certificates

Live Law  

The Supreme Court has set aside the decision of Bihar Public Service Commission to reject the applications of 8 candidates to the post of Civil Judge on the ground that they had not produced the originals of their certificates at the time of interviews.A bench comprising Justices S Abdul Nazeer and Vikram Nath passed the order taking note of the …

Government Bound To Appoint Judges On Reiteration By Supreme Court Collegium
2 years, 10 months ago

Government Bound To Appoint Judges On Reiteration By Supreme Court Collegium

Live Law  

The Supreme Court in the second judges case held that "In exceptional cases alone, for stated strong cogent reasons, disclosed to the Chief Justice of India, indicating that the recommendee is not suitable for appointment, that appointment recommended by the Chief Justice of India may not be made. The Supreme Court collegium in its resolution dated 25.03.2019 agreed with the …

Significant Kerala High Court Judgments Of 2021
3 years ago

Significant Kerala High Court Judgments Of 2021

Live Law  

Despite the State having been affected by the COVID-19 pandemic for the second year running and the Court functioning on virtual mode until very recently, the Kerala High Court managed to issue quite a few crucial judgments this year. Marital Rape A Valid Ground For Divorce A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath in a …

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 1 month ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

School Fees : Supreme Court Refuses To Stay Delhi High Court Judgment Which Allowed Charging Of Annual Fee, Development Fee
3 years, 6 months ago

School Fees : Supreme Court Refuses To Stay Delhi High Court Judgment Which Allowed Charging Of Annual Fee, Development Fee

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Directorate of Education of the Delhi Government against the refusal of a Delhi High Court division bench to stay a single bench judgment which had quashed the government notifications asking private unaided schools not to charge annual, development fees.Noting that the division bench of the High Court is scheduled …

Kerala High Court Stays Single Bench Judgment On Treating Professors Of Different Subjects As One Unit For Reservations
3 years, 7 months ago

Kerala High Court Stays Single Bench Judgment On Treating Professors Of Different Subjects As One Unit For Reservations

Live Law  

The Kerala High Court on Friday stayed a single bench judgment which had quashed a recruitment notification issued by the Kerala University on the ground that it treated professors of different departments as one unit to apply reservation for communities.A division bench comprising Justices A Muhamed Mustaque and Dr Kauser Edappagath stayed the operation of the judgment delivered by a. …

Kerala HC Dismisses Pleas Challenging Successive Reserving Of Same Constituencies For Third Time For Local Body Elections 2020 [Read Judgment]
4 years, 1 month ago

Kerala HC Dismisses Pleas Challenging Successive Reserving Of Same Constituencies For Third Time For Local Body Elections 2020 [Read Judgment]

Live Law  

The Kerala High Court has dismissed a batch of writ petitions challenging allocation of reserved seats to different wards/divisions of some of the local bodies in the State for the ensuing election.The petitioners contention was that the wards/divisions were successively reserved for one or other categories in the elections held during 2010 and 2015 and that the said wards/divisions are. …

[Dheeraj Mor Judgment Vs HC Rules] Kerala HC Grants Certificate For Appeal To SC While Quashing Appointment Of A District Judge [Read Judgment]
4 years, 2 months ago

[Dheeraj Mor Judgment Vs HC Rules] Kerala HC Grants Certificate For Appeal To SC While Quashing Appointment Of A District Judge [Read Judgment]

Live Law  

The Kerala High Court upheld a single bench judgment setting aside the appointment of a District Judge on the ground that, at the time of issuing the order of appointment, he was not a practising Advocate and was in judicial service, functioning as a Munsiff.Though the Division Bench dismissed the writ appeal filed by Rejanish KV, it granted certificate to …

'Not An Advocate As On Date Of Appointment' : Kerala HC Sets Aside Direct Recruitment Of District Judge
4 years, 5 months ago

'Not An Advocate As On Date Of Appointment' : Kerala HC Sets Aside Direct Recruitment Of District Judge

Live Law  

The Kerala High Court has set aside the appointment of a District and Sessions Judge, who was selected via direct recruitment, on the ground that he was not an Advocate "as on the date of his appointment". In the said case, the Apex Court had held that "for direct recruitment as District Judge as against the quota fixed for the …

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]
5 years, 3 months ago

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]

Live Law  

The scathing oral observations made by Justice Arun Mishra while hearing an appeal against a Kerala High Court order in Malankara Church case, is seen reiterated in an order passed by the Supreme Court.The bench, also comprising of Justice MR Shah, observed that, in future, violation of the orders and judgments by Courts 'will be viewed seriously'. The scathing oral …

SC To Clarify Whether Anvar Case Judgment is Applicable Retrospectively?
7 years ago

SC To Clarify Whether Anvar Case Judgment is Applicable Retrospectively?

Live Law  

The Supreme Court has referred an application by the State of Kerala seeking clarification on whether the judgment in Anvar PV vs PK Basheer is applicable retrospectively or not before an appropriate bench to be constituted by the Chief Justice of India. The State of Kerala argues that a clarification as to whether the ratio laid down by the apex …

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