No Automatic Absorption Of Executive Officers Turned Adhoc Judges Into Judiciary: SC [Read Judgment]
6 years, 11 months ago

No Automatic Absorption Of Executive Officers Turned Adhoc Judges Into Judiciary: SC [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court has held that executive officers cannot be automatically absorbed to judicial service taking into account their service as adhoc-judges.The apex court bench of Justice AK Sikri and Justice Ashok Bhushan has set aside a Gauhati High Court judgment that held that the executive officers can be absorbed into. In a significant judgment, the Supreme Court has held that executive officers cannot be automatically absorbed to judicial service taking into account their service as adhoc-judges. The apex court bench of Justice AK Sikri and Justice Ashok Bhushan has set aside a Gauhati High Court judgment that held that the executive officers can be absorbed into district judiciary, considering their services as adhoc judges. The division bench of high court quashed the order of termination and directed the state to start consultation process for their absorption in Grade-I of the Arunachal Pradesh Judicial Service and the Gauhati High Court to consider them for absorption.

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History of this topic

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals
Trending News
1 month, 1 week ago

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals

Live Law  

The Supreme Court recently directed all High Courts to submit detailed reports on the pendency of criminal appeals, seeking comprehensive data on cases pending before Single Judges and Division Benches, including a bifurcation based on the bail status of the accused. We, therefore, direct the Registrar Generals of all the High Courts to submit a detailed report to this Court …

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals
Trending News
1 month, 1 week ago

Supreme Court Seeks Reports From High Courts On Pendency Of Criminal Appeals

Live Law  

The Supreme Court recently directed all High Courts to submit detailed reports on the pendency of criminal appeals, seeking comprehensive data on cases pending before Single Judges and Division Benches, including a bifurcation based on the bail status of the accused. We, therefore, direct the Registrar Generals of all the High Courts to submit a detailed report to this Court …

Ad-hoc judges can be appointed to deal with criminal cases in HCs: Supreme Court
2 months, 1 week ago

Ad-hoc judges can be appointed to deal with criminal cases in HCs: Supreme Court

The Hindu  

The Supreme Court on Tuesday suggested the appointment of ad-hoc judges in high courts to deal with the huge pendency of criminal appeals. Gavai and Surya Kant referred to the data on pendency of criminal cases in several high courts and said in Allahabad High Court alone there were 63,000 criminal appeals pending. The bench said it could partly modify …

2024 Supreme Court Decisions Relating To Judges & Judicial Service
2 months, 4 weeks ago

2024 Supreme Court Decisions Relating To Judges & Judicial Service

Live Law  

In 2024, the Supreme Court passed notable orders and made key observations on multiple issues related to the working of the District Judiciary and Judicial Officers. Here is a relook of the important developments : High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court The Supreme Court allowed a writ petition …

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

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

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

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

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

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

APPSC Moves AP High Court Against Group I Service Order
1 year ago

APPSC Moves AP High Court Against Group I Service Order

Deccan Chronicle  

Hyderabad: A two-judge panel of the Andhra Pradesh High Court has stayed the operative portion of a single judge bench order that set aside the appointment of around 167 Group I officers in the state. SS Prasad, senior counsel, appearing for APPSC, contended that the impugned judgment went beyond the scope of the writ petitions, and argued that what was …

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 …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
1 year, 1 month 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 …

Centre Notifies Appointment Of Two Advocates And One Judicial Officer As Himachal Pradesh High Court Judges
1 year, 8 months ago

Centre Notifies Appointment Of Two Advocates And One Judicial Officer As Himachal Pradesh High Court Judges

Live Law  

The Centre today notified three fresh appointments of High Court judges to the Himachal Pradesh High Court, namely Ranjan Sharma, Bipin Chander Negi and Rakesh Kainthla. Earlier this month, the Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna had recommended their names. The Chief Justice of the High Court of Himachal Pradesh in …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 8 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 …

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody
1 year, 11 months ago

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody

The Hindu  

The Supreme Court on April 20 directed the forthwith release of two senior IAS officers with the Uttar Pradesh administration, Shahid Manzar Abbas Rizvi and Sarayu Prasad Mishra, from judicial custody in a contempt of court case. A Bench headed by Chief Justice of India D. Y. Chandrachud, on an urgent mentioning by the Uttar Pradesh government, immediately stayed the …

'Service As Adhoc Judges Can't Be Considered For Elevation As HC Judges' : Supreme Court Rejects Plea Of Judicial Officers From AP
2 years, 1 month ago

'Service As Adhoc Judges Can't Be Considered For Elevation As HC Judges' : Supreme Court Rejects Plea Of Judicial Officers From AP

Live Law  

The Supreme Court on Thursday dismissed a writ petition filed by nine judicial officers from Andhra Pradesh seeking to direct the Andhra Pradesh High Court to consider them for elevation as HC judges.The seniority list drawn by the High Court of judicial officers eligible for consideration did not include the petitioners' name on the ground that they had not completed …

Madras HC judge takes oath after legal drama
2 years, 1 month ago

Madras HC judge takes oath after legal drama

Hindustan Times  

Wary of setting a “very wrong precedent” by assessing the suitability of a candidate already cleared by the collegium for judgeship, the Supreme Court on Tuesday dismissed a plea for quashing the appointment of advocate LC Victoria Gowri as a judge in the Madras high court and remarked that asking the collegium to review its proposal could lead to a …

Process to appoint ad hoc judges must be less cumbersome: Supreme Court
2 years, 3 months ago

Process to appoint ad hoc judges must be less cumbersome: Supreme Court

The Hindu  

The Supreme Court on Thursday suggested a less cumbersome and even "out-of-the-box" thinking, including roping in senior lawyers to act as ad hoc judges in High Courts, to meet the rising tide of pendency. A Bench led by Justice Sanjay Kishan Kaul said senior advocates in High Courts may not be willing to give up their lucrative legal practices permanently, …

'Many Eminent Lawyers Are Not Willing To Join The Bench But Are Ready To Work As Ad-Hoc Judges': Supreme Court
2 years, 3 months ago

'Many Eminent Lawyers Are Not Willing To Join The Bench But Are Ready To Work As Ad-Hoc Judges': Supreme Court

Live Law  

The Supreme Court, on Thursday, asked Senior Advocate, Mr. Arvind P. Datar and the Attorney General for India, Mr. R. Venkataramani to brainstorm and come up with a less cumbersome process to appoint ad-hoc judges in the High Court. While hearing two applications filed in the PIL preferred by NGO Lok Prahari seeking invocation of Article 224A for appointment of …

Article 224A : Supreme Court To Consider Centre's Status Report On Appointing Ad-Hoc HC Judges Tomorrow
2 years, 3 months ago

Article 224A : Supreme Court To Consider Centre's Status Report On Appointing Ad-Hoc HC Judges Tomorrow

Live Law  

At the request of the Union Government, the Supreme Court has deferred the hearing of the PIL preferred by the NGO, Lok Prahari seeking invocation of Article 224A of the Constitution of India for making ad-hoc appointments of judges to tackle the problem of mounting case arrears in High Courts till tomorrow. Article 224A enables a Chief Justice of a …

DC Edit | Judges’ pick: Make it transparent
2 years, 4 months ago

DC Edit | Judges’ pick: Make it transparent

Deccan Chronicle  

The Supreme Court expressing its displeasure to the Union government over the delay in appointing people in the higher judiciary despite reiteration by its collegium and issuing notice to bureaucrats in the ministry of law and justice must trigger a serious discussion in the way in which the whole exercise is being conducted. However, with the passage of time, the …

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal
2 years, 6 months ago

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal

Live Law  

The Supreme Court, on Tuesday, reserved judgment in a special leave petition filed by Orissa Administrative Tribunal Bar Association challenging Orissa High Court's order of upholding notification issued by the Department of Personnel and Training of the Central Government dated 2nd August 2019 abolishing Odisha Administrative Tribunal. Mr. Ashok Kumer Parija, Advocate General representing the State of Odisha apprised the …

Judges Can't Overstep Defined Jurisdiction & Expose Administration Of Justice To Individualistic Whims & Fancies: J&K&L High Court
2 years, 7 months ago

Judges Can't Overstep Defined Jurisdiction & Expose Administration Of Justice To Individualistic Whims & Fancies: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that Section 107 and 108 read with Order 43 Rule 2 CPC does not empower an appellate court to mutate the very script of the suit before the trial court and create a new fact situation alien to the original lis and proceed on to carry forward its own …

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court
3 years, 5 months ago

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court

Live Law  

The Supreme Court reiterated that the services rendered by ad hoc employees prior to their regularization cannot be counted for the purpose of seniority.In this case, while allowing a writ petition filed by some regularized employees, the Single bench of the High Court observed that once the services had been regularized they would relate back to the date. The Supreme …

Judges' Association Moves Bombay High Court Over Residential Woes; CJ To Examine On Administrative Side
3 years, 7 months ago

Judges' Association Moves Bombay High Court Over Residential Woes; CJ To Examine On Administrative Side

Live Law  

Maharashtra State Judges Association has approached the Bombay High Court, highlighting the lack of infrastructure and the State Government's apathy regarding residential quarters for judicial officers of the subordinate judiciary. The petition seeks directions to set up a single-window portal to consider grievances of judicial officers, regarding electricity cuts without generator back-ups in different parts of the State and safety …

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge
4 years, 3 months ago

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge

Live Law  

Retired Andhra Pradesh High Court Judge, Justice V. Eswaraiah. has moved the Supreme Court against a Division Bench order of the Andhra Pradesh High Court which directed an investigation into a an alleged private phone conversation between him and a suspended District Munsif Magistrate of Andhra Pradesh after alleging that the phone call disclosed a "serious conspiracy" against the High. …

Period Of Service As Ad-hoc Judge Will Not Count For Seniority: SC Dismisses Review Petitions Filed By Judicial Officers [Read Order]
4 years, 8 months ago

Period Of Service As Ad-hoc Judge Will Not Count For Seniority: SC Dismisses Review Petitions Filed By Judicial Officers [Read Order]

Live Law  

The Supreme Court has dismissed the review petitions filed against its judgment which held that the period of service as an adhoc judge will not count for the seniority of District Judge. "All the submissions advanced in said Writ Petition and connected matters were dealt with in detail by this Court in its Judgment dated 29.04.2020. In April this year, …

Service As Additional Judge On Ad-Hoc Promotion Will Not Count For Seniority Of District Judge : SC [Read Judgment]
4 years, 11 months ago

Service As Additional Judge On Ad-Hoc Promotion Will Not Count For Seniority Of District Judge : SC [Read Judgment]

Live Law  

While dealing with a challenge against the seniority list of District Judges drawn by the Rajasthan High Court, the Supreme Court reiterated that the period of service as an ad-hoc judge will not count for the seniority of District Judge.A bench comprising Justices U U Lalit and Vineet Saran was dealing with the following issue, among others :"Whether the judicial …

Hyderabad: No 3-year practice for junior judges
5 years, 4 months ago

Hyderabad: No 3-year practice for junior judges

Deccan Chronicle  

Hyderabad: The Telangana High Court on Tuesday allowed fresh law graduates to apply for the post of junior civil judge by setting aside the pre-requisite that they must have three years of practice as advocates, a norm that was in vogue for the past two years. While giving the order, the bench recalled the guidelines laid down by the Supreme …

Courts Can Interfere With Administrative Actions Only If It Suffers From Vice Of Illegality, Irrationality Or Procedural Impropriety: SC [Read Judgment]
5 years, 6 months ago

Courts Can Interfere With Administrative Actions Only If It Suffers From Vice Of Illegality, Irrationality Or Procedural Impropriety: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that while exercising its powers of judicial review of administrative action, Courts could not interfere with the administrative decision unless it suffers from the vice of illegality, irrationality or procedural impropriety.The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed thus while setting aside a Madhya Pradesh High. The Supreme Court …

Telangana High Court nod for cases against 2 IAS officers
6 years ago

Telangana High Court nod for cases against 2 IAS officers

Deccan Chronicle  

Hyderabad: The Telangana High Court clarified its directions to the CBI court that cases lodged by the Enforcement Department against IAS officers and other public servants other than those of senior IAS officers Adityanath Das Gupta and BP Acharya in YS Jagan’s disproportionate assets case, continue. The High Court made this clarification on the doubt expressed by the judge for …

Deal litigations case-wise, says Telangana HC
6 years, 1 month ago

Deal litigations case-wise, says Telangana HC

Deccan Chronicle  

Hyderabad: The full bench of the Telangana state High Court said that the pending cases of the erstwhile Hyderabad High Court that involved Telangana state and Andhra Pradesh states should be dealt with on a case-wise basis, preferably at the Telangana High Court. Further, all pending contempt cases, writ appeals and review petitions related to the region of Andhra Pradesh …

'A Couple Of Appointments Have Been Effected', SC Adjourns Hearing On Madras Bar Associations' Plea On Judicial Appointments
6 years, 8 months ago

'A Couple Of Appointments Have Been Effected', SC Adjourns Hearing On Madras Bar Associations' Plea On Judicial Appointments

Live Law  

On the first day after the apex court opened post the summer vacation, the bench headed by Chief Justice Dipak Misra heard a writ petition by the Madras Bar Association praying for the fixing of timelines for each stage of the Memorandum of Procedure for judicial appointments.Adjourning the matter to August, the bench, also comprising Justices D. Y. Chandrachud and …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

Supreme Court Weekly Round-Up
6 years, 11 months ago

Supreme Court Weekly Round-Up

Live Law  

Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPCThe Supreme Court reiterated that mere abduction of a woman does not attract offence under Section 366 of Indian Penal Code without proof that the woman was abducted with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any …

No Automatic Absorption Of Executive Officers Turned Adhoc Judges Into Judiciary: SC [Read Judgment]
6 years, 11 months ago

No Automatic Absorption Of Executive Officers Turned Adhoc Judges Into Judiciary: SC [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court has held that executive officers cannot be automatically absorbed to judicial service taking into account their service as adhoc-judges.The apex court bench of Justice AK Sikri and Justice Ashok Bhushan has set aside a Gauhati High Court judgment that held that the executive officers can be absorbed into. In a significant judgment, the …

74 Civil Judges Move Guj HC To Treat Service As Ad-Hoc Judges As Continuous Service, Notice Issued To Govt, HC Registrar
6 years, 11 months ago

74 Civil Judges Move Guj HC To Treat Service As Ad-Hoc Judges As Continuous Service, Notice Issued To Govt, HC Registrar

Live Law  

Seventy-four civil judges in Gujarat have moved the high court challenging the non-consideration of their period of service as ad-hoc judges for the purpose of seniority, pay scale and other benefits.The Gujarat High Court has issue notice to the state government and the Registrar General of the High Court itself on their petition.The civil judges – from the 2011 and …

74 Civil Judges Move Guj HC To Treat Service As Ad-Hoc Judges As Continuous Service, Notice Issued To Govt, HC Registrar
6 years, 11 months ago

74 Civil Judges Move Guj HC To Treat Service As Ad-Hoc Judges As Continuous Service, Notice Issued To Govt, HC Registrar

Live Law  

Seventy-four civil judges in Gujarat have moved the high court challenging the non-consideration of their period of service as ad-hoc judges for the purpose of seniority, pay scale and other benefits.The Gujarat High Court has issue notice to the state government and the Registrar General of the High Court itself on their petition.The civil judges – from the 2011 and …

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]
7 years, 1 month ago

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]

Live Law  

In the interest of all the stakeholders, including the judiciary, that definite timelines are drawn for each stage of the process, so that process of appointment is accomplished within a time-bound manner, said the Bench.Supreme Court of India on Friday observed that definite timelines should be drawn for each stage of the process of appointment of Judges so that process …

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’ …

SC Expunges Strictures Passed Against Sitting District Judge By Allahabad HC [Read Order]
7 years, 4 months ago

SC Expunges Strictures Passed Against Sitting District Judge By Allahabad HC [Read Order]

Live Law  

The Supreme Court in VN Singh vs Neelam Mishra & Ors. has expunged certain remarks made by the Allahabad High Court against a sitting district judge in the impugned judgment.The sitting district judge, who had retired since then, was aggrieved by the observations made in the impugned order in respect of his handling of an appeal against an interim order …

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]
7 years, 5 months ago

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]

Live Law  

The Supreme Court on Wednesday stayed the Bombay High Court order directing the Maharashtra government to follow its 1997 rules for appointments of public prosecutors and additional public prosecutors for the districts by promoting assistant public prosecutors.The State of Maharashtra has filed appeal against the Judgment of Bombay High Court in Maharashtra State Public. The Supreme Court on Wednesday stayed …

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. …

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 …

High Courts Weekly Round-Up
8 years, 6 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner.In Ramsiya Yadav vs. State of UP, The High Court held that gratuity can be withheld in a case where judicial proceedings …

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]
9 years, 7 months ago

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]

Live Law  

In a recent judgment in a Writ appeal, Kerala Public Service Commission vs Roshini K.S, Kerala High Court has held that mechanical rejection of applications by Public service commission is undesirable and the courts can interfere if justice is meted out to candidate. The court held that “whether an infraction of a condition in the In a recent judgment in …

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...
10 years, 3 months ago

It is not open to the High Court to declare a Supreme Court Judgment per-incurium. By not following the law laid down by the SC, HCs and Subordinate Courts would also be violating the provisions of...

Live Law  

A Three Judge Bench of the Supreme Court comprising of Justices Anil R Dave, Madan B Lokur and Kurian Jospeh held that it is not open to the High Court to declare a Supreme Court Judgment per-incurium. It is also held that by not following the law laid down by this Court, the High Court or the Subordinate Courts would …

Administrative authorities too can review decisions like the judiciary: Supreme Court
11 years, 5 months ago

Administrative authorities too can review decisions like the judiciary: Supreme Court

Live Law  

While disposing of a batch of appeals of policemen filed against the common verdict of the Punjab and Haryana High Court, a Supreme Court bench comprising justices SJ Mukhopadhaya and AK Sikri in its 37-page verdict, said besides the judiciary, an earlier wrong and illegal orders can be reconsidered and annulled by the administrative authorities also, which has similar power …

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