If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court
2 years, 11 months ago

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court

Live Law  

The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal.In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such a reference, the bench. The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal. Case details Daljit Singh vs Arvind Samyal | 2022 LiveLaw 364 | SLP 5192-5194/2022 | 1 April 2022 Coram: Justices MR Shah and BV Nagarathna Headnotes Administrative Tribunal Act, 1986 ; Section 26 - Once there is a difference of opinion between the Judicial Member and the Administrative Member of the Tribunal, the matter is required to be referred to the third Member/Chairman and the third Member/Chairman was required to give his own decision upon such a reference. Summary - Appeal against Jammu and Kashmir High Court judgment setting aside the Full bench judgment of Central Administrative Tribunal - Dismissed - We are in complete agreement with the view taken by the High Court on the procedure which was adopted by the Chairman of the Central Administrative Tribunal.

Supreme Court Court Judicial Reference Administrative Tribunal High Bench Member Difference Required Refer Referred Central Administrative Tribunal Full Bench Complete Agreement His Own Decision Such A Reference  refer  administrative  reference  referred  high  bench  court  required  judicial  cat  member  supreme  difference  tribunal

History of this topic

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court
2 weeks, 4 days ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT
1 month ago

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

Live Law  

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Counsel for the Respondent claimed before the Tribunal that the acquittal was honourable, however, as per the judgment of the Judicial Magistrate, the …

2024 Supreme Court Decisions Relating To Judges & Judicial Service
2 months, 3 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 …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
3 months, 2 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 2 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
3 months, 3 weeks ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

Central Govt Notifies Appointment Of Justice Rajesh Sekhri As Additional Judge Of J&K High Court For Fresh Term
9 months, 1 week ago

Central Govt Notifies Appointment Of Justice Rajesh Sekhri As Additional Judge Of J&K High Court For Fresh Term

Live Law  

The Central Govt has notified the appointment of Justice Rajesh Sekhri as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year. A post to this effect was made by Law Minister Arjun Singh Meghwal on X Earlier on 23 April 2024, the Collegium of the High Court of Jammu …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
1 year ago

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Live Law  

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report. Against the same, Khemka approached the Punjab and Haryana High Court, which set aside the remarks and overall grade given by the Accepting Authority. …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
1 year, 1 month 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 …

Allahabad CAT Bar Association Moves High Court Against Notification Transferring Jurisdiction Of Uttarakhand From Allahabad To New Delhi
1 year, 6 months ago

Allahabad CAT Bar Association Moves High Court Against Notification Transferring Jurisdiction Of Uttarakhand From Allahabad To New Delhi

Live Law  

A petition has been filed by the Central Administrative Bar Association, Allahabad before the Allahabad High Court challenging the transfer of jurisdiction of Uttarakhand from CAT's Allahabad Bench to its Principal Bench at New Delhi. On 18th July, 2023, Ministry of Personnel Department of Personnel and Training issued a notification transferring jurisdiction of State of Uttarakhand to Principal Bench of …

Supreme Court Weekly Round Up (24th April to 30th April 2023)
1 year, 10 months ago

Supreme Court Weekly Round Up (24th April to 30th April 2023)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court The Supreme Court …

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court
2 years ago

Maintain Practice Of Having One-Third High Court Judges From District Judiciary : Supreme Court

Live Law  

The Supreme Court, on Tuesday, expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained. After recording the order, Justice Gavai told the Counsel - “Madam, please advise your …

Day After Single Bench Verdict, J&K&L High Court Allows J&K SSB To Proceed With Selection Process For Junior Engineer & Sub-Inspector Posts
2 years, 3 months ago

Day After Single Bench Verdict, J&K&L High Court Allows J&K SSB To Proceed With Selection Process For Junior Engineer & Sub-Inspector Posts

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday stayed a single bench judgment in terms of which the ongoing recruitment process being conducted by the J&K Service Selection Board for Junior Engineer and Sub-Inspector posts in Jal Shakti and Home departments was quashed on Thursday.Hearing an urgent appeal filed by the J&K SSB, the division bench of Justice …

Need To Review The Present System Of Transfer Of High Court Judges
2 years, 4 months ago

Need To Review The Present System Of Transfer Of High Court Judges

Live Law  

In view of the recent recommendation of the Supreme Court Collegium to transfer Justice Nikhil S. Kariel from his parent High Court, i.e., from High Court of Gujarat to the High Court of Patna and also recommendation to transfer Justice A. Abhishek Reddy from his parent High Court, i.e., from High Court of Telangana to the High Court of Patna …

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court
2 years, 4 months ago

Power Of Sessions Judge U/S 409 CrPC To Recall Case Cannot Be Exercised Once Trial Has Commenced Before ASJ: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday observed that the Principal Sessions Judge of a district has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in Section 409 of CrPC. Counsel appearing for the petitioner, argued that from the conduct of the case by the appellate court, …

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court
2 years, 4 months ago

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court

Live Law  

The Delhi High Court has said the Central Administrative Tribunal "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva. The Delhi …

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts
2 years, 5 months ago

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts

Live Law  

The Jammu & Kashmir & Ladakh High Court on Thursday sought status of 13 cases which are pending in various courts against 16 former and sitting Member of Parliaments and ex-MLAs in the Union Territory. A bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar directed the Registrar Judicial of the High Court to seek status of 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 …

Supreme Court Explains Scope Of Judicial Review Of Administrative Action Based On Subjective Opinion/Satisfaction Of Authority
2 years, 8 months ago

Supreme Court Explains Scope Of Judicial Review Of Administrative Action Based On Subjective Opinion/Satisfaction Of Authority

Live Law  

The Supreme Court explained the scope of judicial review of action of administrative authority based on it's subjective opinion or satisfaction. "The action based on the subjective opinion or satisfaction can judicially be reviewed first to find out the existence of the facts or circumstances on the basis of which the authority is alleged to have formed the opinion", the …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 8 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 …

Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure
2 years, 10 months ago

Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure

Live Law  

Taking note of the vacancies in the Central Admininstrative Tribunals, the Supreme Court on Friday passed an order directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availbility. The directions were issued in a petition filed by Central Administrative Tribunal …

CAT Vacancies: Supreme Court Issues Notice On Plea To Stay Retirement Of Existing Members Until Actual Joining Of New Members
2 years, 10 months ago

CAT Vacancies: Supreme Court Issues Notice On Plea To Stay Retirement Of Existing Members Until Actual Joining Of New Members

Live Law  

The Supreme Court on Friday issued notice on a petition seeking stay on the impending retirement of all the existing Judicial/ Administrative Members of CAT, till all the vacancies which arose from 2019-2022 are filled by actual joining of candidates. Preferred by Central Administrative Tribunal Bar Association, New Delhi, it was stated in the petition that although 35 Judicial Members …

Reservation in promotions: Applicability of Article 16(4A) To Jammu And Kashmir: Supreme Court To Consider After Constitution Bench Decision On Validity of Article 370 Abrogation
3 years, 4 months ago

Reservation in promotions: Applicability of Article 16(4A) To Jammu And Kashmir: Supreme Court To Consider After Constitution Bench Decision On Validity of Article 370 Abrogation

Live Law  

The Supreme Court on Wednesday posted the issue of the right of Reserved Category Government servants in the Union Territories of Jammu and Kashmir to accelerated promotion for after the decision of the Constitution Bench on the validity of the abrogation of Article 370. The bench of Justices DY Chandrachud, Surya Kant and Vikram Nath was hearing SLPs against the …

Kerala High Court Extends Term Of Judicial Members Of State Administrative Tribunal By Another Three Weeks
3 years, 6 months ago

Kerala High Court Extends Term Of Judicial Members Of State Administrative Tribunal By Another Three Weeks

Live Law  

The Kerala High Court on Wednesday extended the term of the present Judicial Members of the Kerala Administrative Tribunal by another three weeks, during which time the Court expects the newly appointed Chairman of the Tribunal to make fresh appointments. A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath extended the interim order in pleas filed by …

Cannot Remain Oblivious To Plight Of Litigants: Kerala High Court Extends Term Of Present Judicial Members Of State Administrative Tribunal
3 years, 8 months ago

Cannot Remain Oblivious To Plight Of Litigants: Kerala High Court Extends Term Of Present Judicial Members Of State Administrative Tribunal

Live Law  

The Kerala High Court on Thursday extended the term of the present judicial members in the Kerala Administrative Tribunal, permitting them to continue to hold their offices subject to the upper ceiling age of 65 years, to avoid the functioning of the Tribunal coming to a standstill. The Court found that since the present Judicial Members were first term appointees, …

Jammu And Kashmir High Court Stays Fresh Appointment Of Law Officers Except Advocate General
3 years, 8 months ago

Jammu And Kashmir High Court Stays Fresh Appointment Of Law Officers Except Advocate General

Live Law  

The Jammu and Kashmir High Court stayed the appointment of Law Officers other than the Advocate General in a plea challenging the continued existence of the notification issued by the Department of Law, Justice and Parliamentary Affairs, inviting applications for engagement as Standing Counsel. "Allocation of 50 marks, i.e., 02 marks for each institution of a civil suit or defending …

Supreme Court Weekly Round Up
4 years, 4 months ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]
4 years, 10 months ago

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

Live Law  

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

Collegium Recommends Appointment Of One Judge Each To Manipur & Tripura High Court; 3 Judges To J&K HC [Read Resolutions]
5 years, 1 month ago

Collegium Recommends Appointment Of One Judge Each To Manipur & Tripura High Court; 3 Judges To J&K HC [Read Resolutions]

Live Law  

Pursuant to a meeting held on February 19, the Supreme Court Collegium has proposed to elevate Ahanthem Bimol Singh, Advocate as a Judge of the Manipur High Court and Satya Gopal Chattopadhyay, Judicial Officer, as Judge of the Tripura High Court.If the two recommendations are cleared by the Centre, both the high courts will function at their maximum sanctioned working …

'Two Judge Bench Judgment On Appointment Of Teachers In Minority Institutions 'Per Incurium': Madrasah Committee Moves SC Seeking Reference To Larger Bench
5 years, 2 months ago

'Two Judge Bench Judgment On Appointment Of Teachers In Minority Institutions 'Per Incurium': Madrasah Committee Moves SC Seeking Reference To Larger Bench

Live Law  

The Supreme Court has agreed to hear a petition filed by Contai Madrasah Committee challenging the January 6 Judgment of a Two Judge bench of the top court, whereby it was held that there is no absolute and unqualified right of appointment for minority educational institutions. It held that when it comes to the right to appoint teachers, a regulation …

Gujarat HC Advocates Association To Approach SC Against Centre Delaying Appointment Of Justice Kureshi As CJ Of MP HC [Read Resolution]
5 years, 8 months ago

Gujarat HC Advocates Association To Approach SC Against Centre Delaying Appointment Of Justice Kureshi As CJ Of MP HC [Read Resolution]

Live Law  

The Gujarat High Court Advocates Association has resolved to file a writ petition in the Supreme Court under Article 32 of the Constitution of India against Centre sleeping over the SC collegium's proposal to make Justice Kureshi the CJ of MP HC.The Association has also proposed a novel method to protest. The Gujarat High Court Advocates Association has resolved to …

KSAT Chairman Not Entitled To Salary Equivalent To HC Chief Justice: Karnataka HC Dismisses Former Judge's Writ Appeal [Read Judgment]
5 years, 8 months ago

KSAT Chairman Not Entitled To Salary Equivalent To HC Chief Justice: Karnataka HC Dismisses Former Judge's Writ Appeal [Read Judgment]

Live Law  

The Karnataka High Court has held that the chairman of Karnataka State Administrative Tribunal is not entitled to the salary equivalent to that of the Chief Justice of the High Court.Dismissing the writ appeal filed by its former Judge Justice K. Bhakthavatsala, who is presently, Chairman of Karnataka State Administrative Tribunal, the bench comprising of the Chief Justice Abhay S. …

Central Administrative Tribunal stays sacking of 2 customs, central excise officers; govt transfers CAT judicial member
5 years, 8 months ago

Central Administrative Tribunal stays sacking of 2 customs, central excise officers; govt transfers CAT judicial member

Firstpost  

New Delhi: A single-judge bench of the Central Administrative Tribunal has stayed sacking of two of the 15 senior tax officials who were compulsorily retired over charges of corruption and inefficiency, an order that the government saw as not good in law and transferred the judicial member of the tribunal. A K Patnaik of the Calcutta bench of CAT on …

Delhi HC Expresses Dismay At The Improper Functioning Of CAT; Urges Centre To Take 'Remedial Steps' [Read Judgment]
5 years, 9 months ago

Delhi HC Expresses Dismay At The Improper Functioning Of CAT; Urges Centre To Take 'Remedial Steps' [Read Judgment]

Live Law  

The Central Administrative Tribunal has once again came under severe criticism from the Delhi High Court for the manner in which it has been conducting proceedings.A bench of Justices Vipin Sanghi and Rajnish Bhatnagar was dismayed at the manner in which the Tribunal was passing cryptic orders to dispose of applications in a display of "total non-application of mind". The …

Karnataka HC Dismisses KSAT Chairman's Plea Claiming Salary Equivalent To HC Chief Justice [Read Order]
5 years, 11 months ago

Karnataka HC Dismisses KSAT Chairman's Plea Claiming Salary Equivalent To HC Chief Justice [Read Order]

Live Law  

The Karnataka High Court recently dismissed a petition filed by its former Judge Justice K Bhakthavatsala, who is presently, Chairman of Karnataka State Administrative Tribunal, claiming that he is entitled to a salary equivalent to that of Chief Justice of High Court. Even though there is more work in the KSAT than CAT, since number of cases filed, are far …

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 …

CAT Chairman Cannot Stay Pending Proceedings Before A Larger Bench: SC [Read Judgment]
6 years, 1 month ago

CAT Chairman Cannot Stay Pending Proceedings Before A Larger Bench: SC [Read Judgment]

Live Law  

The Supreme Court on Friday observed that the Chairman of Central Administrative Tribunal, sitting singly, cannot stay proceedings pending before a larger Bench. In All India Institute of Medical Sciences vs. Sanjiv Chaturvedi, the Chairman of the Central Administrative Tribunal, sitting singly, stayed proceedings in an Original Application pending before a two member Bench at Nainital for a period of …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

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

Live Law  

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

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

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

Live Law  

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

Constitution Of Appellate Tribunal Under GST Act Prima Facie Contrary To SC Decision; Madras HC Issues Notice To Centre, State, GST Council And AG Of India [Read Order]
6 years, 7 months ago

Constitution Of Appellate Tribunal Under GST Act Prima Facie Contrary To SC Decision; Madras HC Issues Notice To Centre, State, GST Council And AG Of India [Read Order]

Live Law  

Holding that the constitution of Appellate Tribunal under the GST Act is prima facie contrary to the decision of the Supreme Court that the technical members on a Tribunal shall never exceed the judicial member, the Madras High Court has issued notice to the Centre, the Tamil Nadu government and the Goods and Service Tax Council and also the Attorney …

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow
6 years, 8 months ago

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow

Live Law  

Seven months after reserving judgment, a five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra will at 10:30 AM tomorrow deliver the much-awaited verdict on who between them wields the superior power of administration and governance over the National Capital- Kejriwal-led government or the Centre through Lt Governor.The Judgment was reserved on December. Seven months after …

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow
6 years, 8 months ago

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow

Live Law  

Seven months after reserving judgment, a five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra will at 10:30 AM tomorrow deliver the much-awaited verdict on who between them wields the superior power of administration and governance over the National Capital- Kejriwal-led government or the Centre through Lt Governor.The Judgment was reserved on December. Seven months after …

Days After Face Off Between SC And AG, Centre Appoints New CJs For Meghalaya And Manipur HCs [Read Notification]
6 years, 10 months ago

Days After Face Off Between SC And AG, Centre Appoints New CJs For Meghalaya And Manipur HCs [Read Notification]

Live Law  

After SC ultimatum last week, the Centre has finally notified the appointment of Justice Ramalingam Sudhakar as Chief Justice of Manipur High Court and Justice Mohammad Yaqoob Mir as the Chief Justice of Meghalaya High Court.The Centre further notified appointment of Justice Alok Aradhe as the Acting Chief Justice of Jammu and Kashmir High Court, taking over from Justice Sudhakar.The. …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

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 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’ …

Supreme Court judges vs CJI: Four retired Justices back rebel judges in open letter to Dipak Misra
7 years, 2 months ago

Supreme Court judges vs CJI: Four retired Justices back rebel judges in open letter to Dipak Misra

Firstpost  

Four retired judges, including an ex-Supreme Court judge, wrote an open letter to the chief justice of India, saying they agree with the issues raised by the four apex court judges over the allocation of cases and the crisis needs to be resolved “within the judiciary” New Delhi: Four retired judges, including an ex-Supreme Court judge, on Sunday wrote an …

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