The Hon'ble Mr Justice Y K Sabharwal
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Dated 9Th October, 2018 Reg. Elevation
SUPREME COURT OF INDIA This file relates to the proposal for appointment of following seven Advocates, as Judges of the Kerala High Court: 1. Shri V.G.Arun, 2. Shri N. Nagaresh, 3. Shri P. Gopal, 4. Shri P.V.Kunhikrishnan, 5. Shri S. Ramesh, 6. Shri Viju Abraham, 7. Shri George Varghese. The above recommendation made by the then Chief Justice of the th Kerala High Court on 7 March, 2018, in consultation with his two senior- most colleagues, has the concurrence of the State Government of Kerala. In order to ascertain suitability of the above-named recommendees for elevation to the High Court, we have consulted our colleagues conversant with the affairs of the Kerala High Court. Copies of letters of opinion of our consultee-colleagues received in this regard are placed below. For purpose of assessing merit and suitability of the above-named recommendees for elevation to the High Court, we have carefully scrutinized the material placed in the file including the observations made by the Department of Justice therein. Apart from this, we invited all the above-named recommendees with a view to have an interaction with them. On the basis of interaction and having regard to all relevant factors, the Collegium is of the considered view that S/Shri (1) V.G.Arun, (2) N. Nagaresh, and (3) P.V.Kunhikrishnan, Advocates (mentioned at Sl. Nos. 1, 2 and 4 above) are suitable for being appointed as Judges of the Kerala High Court. As regards S/Shri S. Ramesh, Viju Abraham, and George Varghese, Advocates (mentioned at Sl. -
CHENNAI IAS ACADEMY –Vellore / 9043211 311/411
www.Padasalai.Net www.TrbTnpsc.com CHENNAI IAS ACADEMY –Vellore / 9043211 311/411 CHENNAI IAS ACADEMY Vellore TNPSC www.Padasalai.NetGROUP – I, I,II,IIA,IV Prelims & Mains POLITY 5 YEARS PREVIOUS QUESTIONS with key answers # 5, old by-Pass Road, National Theatre ( Near- opp - Benzz Park ) Vellore- 4 Website : WWW.Chennaiiasacademy.com Facebook : chennaiiasacademy vellore : www.Chennaiiasacademy.com / : chennaiiasacademyvellore http://www.trbtnpsc.com/2013/09/tnpsc-group-2-group-4-vao-exam-study.html www.Padasalai.Net www.TrbTnpsc.com CHENNAI IAS ACADEMY –Vellore / 9043211 311/411 TNPSC - GROUP - I PRELIMS – 2011 PREVIOUS YEAR QUESTIONS POLITY 1. Which Article of the constitution of India gives provision to set up Panchayat? A) Article 15 B) Article 25 C) Article 243 D) Article 42. 2. Grants-in-aid to the states by the centre are provided with the objective of. A) Augmenting financial resources of the states. B) Maintaining smooth centre-State relation. C) Ensuring stable government at the centre. D) All of these 3. In which year seats were reserved for women in local bodies in Tamil Nadu? 1991 B) 1951 C) 1994 D) 2010 4. The 73rd Constitutional Amendment Act was passed during the period of. A) Rajiv Gandhi B) A.B. Vajpayee C) V.P. Singh D) Narasimha Rao 5. Which guarantees rights to freedom of religion to all persons in all its aspects? A) Articles 25 to 28 B) Article 29 C) Article 30 D) Article 34 6. As per the division of powers of India, in the concurrent list there are. A) 47 items B) 66 items C) 97 items D) 77 items 7. -
Securing the Independence of the Judiciary-The Indian Experience
SECURING THE INDEPENDENCE OF THE JUDICIARY-THE INDIAN EXPERIENCE M. P. Singh* We have provided in the Constitution for a judiciary which will be independent. It is difficult to suggest anything more to make the Supreme Court and the High Courts independent of the influence of the executive. There is an attempt made in the Constitutionto make even the lowerjudiciary independent of any outside or extraneous influence.' There can be no difference of opinion in the House that ourjudiciary must both be independent of the executive and must also be competent in itself And the question is how these two objects could be secured.' I. INTRODUCTION An independent judiciary is necessary for a free society and a constitutional democracy. It ensures the rule of law and realization of human rights and also the prosperity and stability of a society.3 The independence of the judiciary is normally assured through the constitution but it may also be assured through legislation, conventions, and other suitable norms and practices. Following the Constitution of the United States, almost all constitutions lay down at least the foundations, if not the entire edifices, of an * Professor of Law, University of Delhi, India. The author was a Visiting Fellow, Max Planck Institute for Comparative Public Law and Public International Law, Heidelberg, Germany. I am grateful to the University of Delhi for granting me leave and to the Max Planck Institute for giving me the research fellowship and excellent facilities to work. I am also grateful to Dieter Conrad, Jill Cottrell, K. I. Vibute, and Rahamatullah Khan for their comments. -
Notice of Motion for Presenting an Address to the President of India for the Removal of Mr
1 NOTICE OF MOTION FOR PRESENTING AN ADDRESS TO THE PRESIDENT OF INDIA FOR THE REMOVAL OF MR. JUSTICE DIPAK MISRA, CHIEF JUSTICE OF INDIA, UNDER ARTICLE 217 READ WITH 124 (4) OF THE CONSTITUTION OF INDIA THIS HOUSE RESOLVES that an address be presented to the President of India for the removal of Mr. Justice Dipak Misra, from the office of Chief Justice of India, for his following acts of misbehaviour, detailed in the Explanatory Note annexed herewith: I. The facts and circumstances relating to the Prasad Education Trust case, show prima facie evidence suggesting that Chief Justice Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case, which at least warrants a thorough investigation. II. That the Chief Justice Dipak Misra dealt on the administrative as well as judicial side, with a writ petition which sought an investigation into a matter in which he too was likely to fall within the scope of investigation since he had presided over every bench which had dealt with this case and passed orders in the case of Prasad Education Trust, and thus violated the first principle of the Code of Conduct for judges. III. That the Chief Justice Dipak Misra appears to have antedated an administrative order dated 6th November 2017 which amounts to a serious act of forgery/fabrication. IV. That Chief Justice Dipak Misra acquired land while he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the Supreme Court. -
Justice Sabharwal's Defence Becomes Murkier
JUSTICE SABHARWAL’S DEFENCE BECOMES MURKIER: STIFLING PUBLIC EXPOSURE BY USING CONTEMPT POWERS Press Release: New Delhi 19th September 2007 Justice Sabharwal finally broke his silence in a signed piece in the Times of India. His defence proceeds by ignoring and sidestepping the inconvenient and emphasizing the irrelevant if it can evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him. Charge No. 1. That his son’s companies had shifted their registered offices to his official residence. Justice Sabharwal’s response: That as soon as he came to know he ordered his son’s to shift it back. Our Rejoinder: This is False. In April 2007, in a recorded interview with the Midday reporter M.K. Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the BPTP mall developers became his sons partners, making it very risky to continue at his official residence. Copies of the document showing the date of induction of Kabul Chawla, the promoter and owner of BPTP in Pawan Impex Pvt. Ltd., one of the companies of Jutstice Sabharwal’s sons, and Form no. 18 showing the shifting of the registered office from the official residence of Justice Sabharwal to his family residence on 23rd October 2004. Charge No. 2: That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. -
Constitutional Ideals and Justice in Plural Societies
L10-2016 Justice MN Venkatachaliah Born on 25th October 1929, he entered the general practice of the law in MN Venkatachaliah the year 1951 at Bangalore after obtaining University degrees in Science and law. Justice Venkatachaliah was appointed Judge of the high court of Karnataka in the year 1975 and later as Judge of the Supreme Court of India in the year 1987. He was appointed Chief Justice of India in February 1993 and held that office till his retirement in October 1994. Justice Venkatachaliah was appointed Chairman, National Human Rights Commission in 1996 and held that office till October 1999. He was nominated Chairman of the National commission to Review the Working of the Constitution in March 2000 and the National Commission gave its CONSTITUTIONAL IDEALS AND Report to the Government of India in March 2002. He was conferred “Padma Vibhushan” on 26th January 2004 by the Government of India. JUSTICE IN PLURAL SOCIETIES Justice Venkatachaliah has been associated with a number of social, cultural and service organizations. He is the Founder President of the Sarvodya International Trust. He is the Founder Patron of the “Society for Religious Harmony and Universal Peace “ New Delhi. He was Tagore Law NIAS FOUNDATION DAY LECTURE 2016 Professor of the Calcutta University. He was the chairman of the committee of the Indian Council for Medical Research to draw-up “Ethical Guidelines for Bio-Genetic research Involving Human Subjects”. Justice Venkatachaliah is the President of the Public Affairs Centre and President of the Indian Institute of World Culture. He was formerly Chancellor of the Central University of Hyderabad. -
LLB Deg Entrance
Vidya Vikas Mandal’s GOVIND RAMNATH KARE COLLEGE OF LAW MARGAO – GOA Duration: 2 hours (10 am to 12 noon) Total Marks: 100 ENTRANCE EXAMINATION LL.B (DEGREE) PROGRAMME 2017-18 Name of the Candidate : ____________________________________________ (In Block Letters) Seat No: ________________________________________________________ Name of the qualifying exam :_______________________________________ Marks of the qualifying exam (Total) : _____________ Percentage : _______ Signature of the Candidate Signature of the Invigilator INSTRUCTIONS FOR THE CANDIDATES i. All questions are compulsory. ii. Darken the correct answer in a ball point pen. Only one answer should be darkened. iii. There shall be no negative marking for wrong answers. iv. This booklet should be returned along with the response sheet. FOR OFFICE USE ONLY (Marks at the Entrance Examination) Part I: General English (20) :_______________ General Knowledge and Current Affairs (25):_______________ Basic Computer Knowledge (15) :_______________ Part II: Aptitude and Logical Reasoning (20) :_______________ Comprehension (10) :_______________ Writing skills (10) :_______________ TOTAL MARKS AT THE ENTRANCE EXAMINATION (Out of 100): PART - I: OBJECTIVE TYPE QUESTIONS GENERAL ENGLISH (20x1=20marks) Q.1. Read all four parts enumerated to constitute a sentence to find out whether there is any grammatical error in it. The error, if any, will be in one part of the sentence. The numbers of that part is the answer. Tick the options accordingly. a. I go to b. the bed c. at eight d. every night. Q.2. Fill in the blanks with a suitable alternative. As a student, you have to abide ______________ the rules of the college. a. With b. by c. to d. -
Commendation by Justice M.N. Venkatachaliah
M. N. VENKATACHALIAH A COMMENDATION OF IIAM COMMUNITY MEDIATION SERVICE VISUALIZED BY THE INDIAN INSTITUTE OF ARBITRATION & MEDIATION. The Indian Institute of Arbitration & Mediation (IIAM), a registered society, has innovated an extremely effective idea of a decentralized, socially oriented and inexpensive Dispute Resolution Mechanism to serve the needs of the common people obviating their recourse to more expensive, embittering and protracted litigations in the courts of law. The formal dispute resolution mechanisms are wholly inappropriate to the aspirations and needs of the common people for speedy justice. I had the privilege of being on the Advisory Board of IIAM along with Mr. Justice J.S. Verma, Former Chief Justice of India, Mr. Justice K.S. Paripoornan, Former Judge, Supreme Court of India, Mr. Prabhat Kumar, Former Cabinet Secretary & Former Governor of Jharkhand, Dr. Madhav Mehra, President of World Council for Corporate Governance, UK, Dr. Abid Hussain, Former Ambassador to the US, Mr. Sudarshan Agarwal, Former Governor of Sikkim, Dr. G. Mohan Gopal, Director of the National Judicial Academy and Mr. Michael McIlwrath, Chairman, International Mediation Institute, The Hague. The Hon’ble Chief Justice of India inaugurated the “IIAM Community Mediation Service” on the 17th of January 2009 at New Delhi. Every participant extolled the great potential of this innovative scheme to bring justice to the doors of the common man under a scheme which provides for voluntary participation with the assistance of experienced lawyers, retired judges, former civil servants and other public spirited people who will act as mediators to bring about a just and mutually acceptable solution to potentially litigative situations. -
Chief Justice of India
CHIEF JUSTICE OF INDIA CHIEF JUSTICE OF INDIA The Chief Justice of India (CJI) is the head of the judiciary of India and the Supreme Court of India. The CJI also heads their administrative functions. In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates all work to the other judges who are bound to refer the matter back to him or her (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges. The present CJI is Justice Dipak Misra and is the 45th CJI since January 1950, the year the Constitution came into effect and the Supreme Court came into being. He succeeded Justice Jagdish Singh Khehar on 28 August 2017 and will remain in office till 2 October 2018, the day he retires on turning 65 years in age. S.No Name Period 1 H. J. Kania 1950-1951 2 M. Patanjali Sastri 1951-1954 3 Mehr Chand Mahajan 1954 4 Bijan Kumar Mukherjea 1954-1956 5 Sudhi Ranjan Das 1956-1959 6 Bhuvaneshwar Prasad Sinha 1959-1964 7 P. B. Gajendragadkar 1964-1966 8 Amal Kumar Sarkar 1966 9 Koka Subba Rao 1966-1967 10 Kailas Nath Wanchoo 1967-1968 11 Mohammad Hidayatullah[10] 1968-1970 12 Jayantilal Chhotalal Shah 1970-1971 13 Sarv Mittra Sikri 1971-1973 14 Ajit Nath Ray 1973-1977 15 Mirza Hameedullah Beg 1977-1978 16 Yeshwant Vishnu Chandrachud 1978-1985 17 Prafullachandra Natwarlal Bhagwati 1985-1986 18 Raghunandan Swarup Pathak 1986-1989 19 Engalaguppe Seetharamiah Venkataramiah 1989 20 Sabyasachi Mukharji 1989-1990 21 Ranganath Misra 1990-1991 22 Kamal Narain Singh 1991 23 Madhukar Hiralal Kania 1991-1992 24 Lalit Mohan Sharma 1992-1993 25 Manepalli Narayana Rao Venkatachaliah 1993-1994 26 Aziz Mushabber Ahmadi 1994-1997 27 Jagdish Sharan Verma 1997-1998 Page 1 CHIEF JUSTICE OF INDIA 28 Madan Mohan Punchhi 1998 29 Adarsh Sein Anand 1998-2001 30 Sam Piroj Bharucha 2001-2002 31 Bhupinder Nath Kirpal 2002 32 Gopal Ballav Pattanaik 2002 33 V. -
Keeping the Spirit of the Common Law Alive*
KEEPING THE SPIRIT OF THE COMMON LAW ALIVE* Justice M. N. Venkatachaliah** Western law has two great systems, the civil law and the common law. The system of civil law comprises a number of national or local laws, each of which has, at its core, a civil code based largely on Roman law. The com- mon law is not contained in a code but is continually distilled from the stream of a large number of cases decided by the courts of law, at first exclusively in England but later in other parts of the Commonwealth and the USA. This judge- made law is again divided into two parts, which bear the technical names of ‘common law’ and ‘equity’, both of which are from time to time modified by local or national legislation. Even centuries of Roman rule over Britain could not significantly change or give flavour to Britain or its people. The Roman occupation left “little permanent mark on the civilization and character of the island.”1 I. COMMON LAW – ITS SPIRIT The common law has its origins in customs, which evolve into rules of conduct and the process of their enforcement creates legal rules.2 The common law is not an expression connoting some specific idea. It is a whole, complex judicial system evolved over the centuries in England, showing great penchant for migration to other parts of the globe. Initially the term was used for the laws and customs that were applied by the royal courts, which had emerged after the Norman conquest and progressively replaced local laws and customs applied by sundry local courts.3 As the decisions of these courts came to be recorded and published, a practice developed whereby past decisions would be cited in argument before the courts and would be regarded as having persuasive value or even binding authority. -
Clcns at TOP GOVERNANCE
SOME OF OUR GLITTERING STARS… CLCns AT TOP GOVERNANCE Late. Shri Arun Jaitley Former Minister of Finance, Minister of Corporate Affairs and Minister of Information and Broadcasting in the Union Cabinet of India Batch (1974 - 1977) Mr. Kiren Rijiju Minister of State of the Ministry of Youth Affairs and Sports and Ministry of State in the Ministry of Minority Affairs Former Minister of State of Home Affairs on the Union Cabinet of India Batch (1990 - 1993) 1 Mr. Kapil Sibal Former Minister of Law and Justice, Minister of Communications and Information Technology of the Union Cabinet of India Batch (1968 - 1970) Mr. Bhupinder Singh Hooda Mr. Jarbom Gamlin Former Chief Minister of Haryana Former Chief Minister of Arunachal Pradesh Batch (1968 - 1971) Batch (1981 – 1984) 2 CLCns AT THE SUPREME COURT OF INDIA Hon'ble Mr. Justice M.M. Punchhi Hon'ble Mr. Justice Y.K. Sabharwal Former Chief Justice of India Former Chief Justice of India Batch (1952 - 55) Batch (1961 - 1964) Hon'ble Mr. Justice Ranjan Gogoi Former Chief Justice of India Batch (1975- 1978) 3 Hon'ble Mr. Justice Vikramajit Sen Hon'ble Mr. Justice Madan B. Lokur Former Supreme Court Judge Former Supreme Court Judge Batch (1974 - 1977) Batch (1974 - 1977) Hon'ble Mr. Justice Arjan Kumar Sikri Former Supreme Court Judge Batch (1971 - 1974) 4 SITTING JUDGES OF THE SUPREME COURT OF INDIA Hon'ble Mr. Justice Rohinton F. Nariman Hon’ble Dr. Justice D. Y. Chandrachud Batch (1971 - 1974) Batch (1979 – 1982) Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice Deepak Gupta Batch (1976 – 1979) Batch (1975 – 1978) 5 Hon'ble Mr. -
A Judge As a Philosopher
ISSN (Online) - 2349-8846 A Judge as a Philosopher A Tribute to Justice P N Bhagwati BHARAT H DESAI Vol. 52, Issue No. 27, 08 Jul, 2017 Bharat Desai ([email protected]) is professor of International Law, Jawaharlal Nehru Chair & Chairman of the Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi as well as the chairman of the Centre for Advanced Study on Courts and Tribunals, Amritsar. The sheer audacity of Justice P N Bhagwati’s vision, philosophical rationale and futuristic imprint of judicial activism appear to be unparalleled. It provides a beacon of hope to us that much desired changes in the Indian legal system are possible. This can happen if conscientious judges with wider horizons can marshal ideas that are duly guided by taking the Constitution as an organic beacon of hope for betterment of the society at large. In the legal annals of independent India, very few judges have left an indelible imprint on justice delivery system and legal mechanisms for societal betterment. One such iconic judge left, after a lifespan of 95 years, for his heavenly abode on 15 June 2017. In fact, Prafullachandra Natwarlal Bhagwati, who was born on 21 December 1921, was a restless legal crusader, who turned his tenure as a judge of the Supreme Court into a unique opportunity to give effect to some of the embedded aspirations of the founding fathers of the Indian Constitution. His illustrious father, N H Bhagwati, served as a Supreme Court judge (1952–59) as well as Vice-Chancellor of the University of Bombay.