Website of High Courts in India: a Webometric Study Subhas Chandra Majhi the University of Burdwan, [email protected]
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In the High Court of Kerala at Ernakulam
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF APRIL, 2020/8TH VAISAKHA, 1942 W.P(C) TMP NO.182 OF 2020 PETITIONERS: 1.KERALA VYDYUTHI MAZDOOR SANGHAM (BMS), I.S. PRESS ROAD, ERNAKULAM, KOCHI – 682 018. REPRESENTED BY ITS GENERAL SECRETARY GIREESH KULATHOOR, AGED 39 YEARS, S/O. K. CHANDRASEKHARAN NAIR, METER READER, K.S.E.B., UDIYANKULANGARA ELECTRICAL SECTION, THIRUVANATHAPURAM – 695 122; RESIDING AT MANGALYA, NALLOORVATTOM, PLAMOOTTUKADA, THIRUVANANTHAPURAM - 695 120) 2.P.S. MANOJ KUMAR, AGED 47 YEARS, S/O. SREEDHARAN NAIR, OVERSEER, K.S.E.B., ELECTRICAL SECTION, ALUVA TOWN, ERNAKULAM – 683 101; (RESIDING AT PARAMATTU HOUSE, V.K.C. P.O., KOCHI – 682 021) BY ADVOCATES SRI. DR. K.P. SATHEESAN (SR.), SRI. P. MOHANDAS, SRI. K. SUDHINKUMAR SRI. S.K. ADHITHYAN SRI.SABU PULLAN RESPONDENTS: 1.STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. W.P(C) TMP NOS.182, 183, 184, 196 & 198 OF 2020 2 2. THE ADDITIONAL CHIEF SECRETARY (FINANCE), FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1-2 BY SRI. GOVERNMENT PLEADER SRI.K.P.HARISH THIS WRIT PETITION (CIVIL) TMP HAVING COME UP FOR ADMISSION ON 28.04.2020, ALONG WITH WPC.183, 184, 196 AND 198 OF 2020 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) TMP NOS.182, 183, 184, 196 & 198 OF 2020 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF APRIL, 2020/8TH VAISAKHA, 1942 W.P(C) TMP NO.183 OF 2020 PETITIONER: 1.AIDED HIGHER SECONDARY TEACHERS ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY S. -
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. -
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. -
In the High Court of Kerala at Ernakulam Present
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WA. No. 384 OF 2021 [AGAINST THE JUDGMENT DATED 05.02.2021 IN WP(C) NO. 2966/2021(U) OF HIGH COURT OF KERALA] APPELLANTS/PETITIONERS IN THE WPC: 1 M/S. KERALA FASHION JEWELLERY, D.NO.PP/VI, 656, MANJERY ROAD, PANDIKKAD, MALAPPURAM-676 521, REPRESENTED BY ITS MANAGING PARTNER O.K. BIJU, 4/43, THEKKARA OLARI, OLLUR, TRISSUR-680 306. 2 MR. O.K.ROY, S/O. OLARI KOCHUVAREED KOCHUVARUNNI, NO.4/562, THEKKEKARA PERINTHALMANNA, MALAPPURAM-679 322. 3 O.K.JOJU, S/O. OLARI KOCHUVAREED KOCHUVARUNNI, 4/43, THEKKARA OLARI, OLLUR THRISSUR-680 306. 4 MRS. SHEEJA ROY W/O. O.K.ROY, RESIDING AT NO.4/562, THEKKEKARA, PERINTHALMANNA, MALAPPURAM-679 322. 5 O.K.BIJU, S/O. LATE OLARI KOCHUVEED KOCHUVARUNNI, RESIDING 4/43, THEKKARA OLARI, OLLUR, THRISSUR-680 306. 6 SINDRELLA JOJU W/O. O.K.JOJU, RESIDING AT 4/43, THEKKARA OLARI, OLLUR THRISSUR-680 306. 7 MINI BIJU, W/O. O.K.BIJU, 4/286, NAMBADAN HOUSE, CHALAKUDY, THRISSUR-680 307. 8 KOCHU THRESSIA W/O. OLARI KOCHUVAREED KOCHUVARUNNI, 4/43, THEKKARA OLARI, OLLUR, THRISSUR-680 306. BY ADVS. SRI.P.CHANDRASEKHAR SRI.K.K.MOHAMED RAVUF SRI.SATHEESH V.T. SMT.MANJARI G.B. SRI.C.S.ULLAS W.A.384/2021 2 RESPONDENTS/RESPONDENTS IN THE WPC: 1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF FINANCIAL SERVICE), NEW DELHI-110 001. -
In the High Court of Kerala at Ernakulam Present the Honourable the Chief Justice Mr.S.Manikumar & the Honourable Mr.Justice C.T.Ravikumar & the Honourable Mr
WP(C) No.11316/2021 1 / 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY Friday, the 23rd day of July 2021 / 1st Sravana, 1943 WP(C) NO. 11316 OF 2021(S) SUO MOTU PROCEEDINGS INITIATED BY THE HIGH COURT IN THE MATTER OF EXTENSION OF ORDERS OF STAY GRANTED BY THE HIGH COURT IN WP(C)NO.9400/2020(S) AND CUSTODY ORDERS IN RESPECT OF CHILDREN ISSUED BY THE FAMILY COURTS, WHICH ARE DUE TO EXPIRE OR COMMENCE DURING THE PERIOD OF LOCKDOWN/COVID RESTRICTIONS. RESPONDENT/RESPONDENT IN WPC NO.9400/2020(S) STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. This Suo Motu writ petition again coming on for orders upon perusing the petition,this Court's order dated 12/07/2021 and upon hearing the arguments of SRI.K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL, SRI.THOMAS ABRAHAM, PRESIDENT HIGH COURT ADVOCATES'ASSOCIATION, SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE), ADVOCATE SRI.JAWAHAR JOSE AND ADVOCATE SRI.SANTHOSH MATHEW, the court passed the following: P.T.O. WP(C) No.11316/2021 2 / 8 S. MANIKUMAR, CJ, C.T. RAVIKUMAR, J & SHAJI P. CHALY, J ----------------------------------------------------- W.P.(C) No. 11316 of 2021 (Suo Motu) ---------------------------------------------------- Dated this the 23rd day of July, 2021 O R D E R S. Manikumar, CJ Taking note of the order in G.O(Rt).No.500/2021/DMD dated 6.7.2021, we extended the interim order dated 19.05.2021 and directed the Registry to post the writ petition on 23.07.2021. -
“Role of High Courts in Delay & Arrears Reduction”
“ROLE OF HIGH COURTS IN DELAY & ARREARS REDUCTION” On July 26, 1948 Orissa High Court Was Inaugurated By Hon’ble Mr Justice H.J.Kania, the then Chief Justice of the Federal Court of India. Hon’ble Mr Justice Bira Kishore Ray was the first Chief Justice of Orissa, Hon’ble Mr Justice L.Panigrahi, Hon’ble Mr Justice R.L.Narasingham & Hon’ble Mr Justice B.Jagannadha Das were the Puisne Judges At the commencement of the 20th Century Bengal Presidency was a vast province including Assam, Bihar and Orissa In 1905 Lord Curzon, partitioned Bengal into two parts and formed a new province with Assam and Eastern Bengal. Bihar and Orissa were retained with remaining parts of Bengal as province of Bengal. By a notification dated March 22, 1912 the new province of Bihar and Orissa was formed On February 9, 1916 in exercise of the powers under section 113 of the Government of India Act, 1915, the King of England issued Letters Patent constituting High Court of Patna. Orissa was placed under the jurisdiction of Patna High Court On May 18, 1916 Circuit Court of Patna High Court for Orissa held its first sitting at Cuttack Shri Madhu Sudan Das was then the President of the Cuttack Bar Association In 1947 some Rulers of Princely States in Orissa and Chatisgarh adopted the Eastern States Union Constitution Act, 1949 establishing a High Court with Head Quarters at Rayagarh in the Central Province with arrangements to hold Circuit High Courts at Headquarters of some States. On January 1, 1948 Feudatory On January 1, 1948 the Feudatory States of Orissa excepting -
National Conference on Functions of Registrar (Administration) [P-936]
National Conference on Functions of Registrar (Administration) [P-936] TABLE OF CONTENTS PAGE S.No. CASES & MATERIALS NO. ROLE AND RESPONSIBILITIES OF REGISTRAR GENERALS (ADMINISTRATION) Duties and Responsibilities of Registrar Generals and Registrars of Allahabad High 1. Courthttp://www.allahabadhighcourt.in/rti/powers_duties_03-05-12.pdf Duties and Responsibilities of Registrar Generals and Registrars of Gauhati High Court 2. http://nja.nic.in/Gauhati%20H.C.PDF Duties and Responsibilities of Registrar Generals and Registrars of Gujarat High Court 3. http://gujarathighcourt.nic.in/rti/RTINote-2-3.pdf Duties and Responsibilities of Registrar Generals and Registrars of Himachal Pradesh 4. High Court http://www.nja.gov.in/Himachal%20Pradesh.pdf Duties and Responsibilities of Registrar Generals and Registrars of Jharkhand High Court 5. http://jharkhandhighcourt.nic.in/rti_act/website_upload_rti-17102014.pdf Duties and Responsibilities of Registrar Generals and Registrars of Orissa High Court 6. http://www.orissahighcourt.nic.in/pdf/rti/RTI.pdf Duties and Responsibilities of Registrar Generals and Registrars of Punjab & Haryana 7. High Court http://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/rti_rules/pdf/II_registrars.pdf Duties and Responsibilities of Registrar Generals and Registrars of Madras High Court 8. http://www.nja.gov.in/Madras.pdf Duties and Responsibilities of Registrar Generals and Registrars of Bombay High Court 9. http://www.nja.gov.in/Bombay.pdf Duties and Responsibilities of Registrar Generals and Registrars of Delhi High Court 10. http://www.nja.gov.in/Delhi.pdf Duties and Responsibilities of Registrar Generals and Registrars of Kerala High Court 11. http://www.nja.gov.in/Kerala.pdf Duties and Responsibilities of Registrar Generals and Registrars of Tripura High Court, Agartala 12. -
Justice Delivery in India – a Snapshot of Problems and Reforms
ISAS Working Paper No. 47 – Date: 31 July 2008 469A Bukit Timah Road #07-01, Tower Block, Singapore 259770 Tel: 6516 6179 / 6516 4239 Fax: 6776 7505 / 6314 5447 Email: [email protected] Website: www.isas.nus.edu.sg Justice Delivery in India – A Snapshot of Problems and Reforms Bibek Debroy∗ Summary In attaining higher gross domestic product growth rates, legal reforms are now recognised as a critical ingredient. The Indian legal infrastructure needed reforms in any case, even if the post-1991 cycle of economic reforms had not occurred. However, liberalisation has provided an additional trigger. The word “law” has various interpretations. Consequently, the expression legal reform also needs to be pinned down. There are three layers in legal reform. First, there is an element of statutory law reform and there are three clear elements to statutory law reform – weeding out old and dysfunctional elements in legislation, unification and harmonization, and reducing state intervention. Second, legal reform has to have an administrative law reform component, meaning the subordinate legislation in the form of rules, orders, regulations and instructions from ministries and government departments. Often, constraints to efficient decision-making come about through administrative law rather than through statutory law and bribery and rent-seeking are fallouts. Finally, the third element of legal reform is what may be called judicial reforms, though faster dispute resolution and contract enforcement are not exclusively judicial issues. In reform initiatives since 1991, judicial reform has often remained outside substantial liberalisation initiatives. This is despite the problem being recognised. Within judicial reforms, one can detect at least four strands in proposed reforms. -
Government of India Ministry of Law & Justice Department
GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO. †2491 TO BE ANSWERED ON WEDNESDAY, THE 26th DECEMBER, 2018. Number of Courts in the Country †2491. SHRI KAPIL MORESHWAR PATIL: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether the Government is committed to double the number of courts in the country; (b) if so, the number of new courts set up in the country during the last three years, State-wise; (c) the time by which the Government proposes to fill up the vacant posts of new judicial officials / judges in the newly set up courts; and (d) the number of such courts proposed to be set up in Maharashtra? ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY) (a) & (b) : The new courts at District and below District / Subordinate (Tehsil / Taluka) level are established by the respective State Governments in consultation with the concerned High Courts. As per information made available by High Courts and State Governments, sanctioned strength of Judicial Officers of District / Subordinate Courts has increased from 20,214 in the year 2014 to 22,644 in the year, 2018. The State-wise details of sanctioned strength of Judicial Officers of District / Subordinate Courts in the years 2014 and 2018 are given in a Statement at Annexure-I. Judges of Supreme Court of India are appointed under Article 124 (2) of the Constitution of India and the Judges of High Courts are appointed under Articles 217 (1) and 224 of the Constitution of India. -
~Ol7a'6 (Rajinder Kashyap) Joint Secretary to the Government of India Tel: 2338 3037
(TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART 1 SECTION 2) NO. K-13033/03/2018-VS.I GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF JUSTICE) Jaisalmer House, 26, Man Singh Road, NEW DELHI-110 011, dated 06th October, 2018. NOTIFICATION In exercise of the powers conferred by clause (1) of article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice Nongmeikapam Kotiswar Singh, Judge of the Manipur High Court, as a Judge of the Gauhati High Court and to direct him to assume charge of his office in the Gauhati High Court on or before 20th October, 2018. ~ol7A'6 (Rajinder Kashyap) Joint Secretary to the Government of India Tel: 2338 3037 To The Manager, Government of India Press, Faridabad. - 2- No. K-13033/03/2018-US.I Dated 06.10.2018 Copy to:- 1 Shri Justice Nongmeikapam Kotiswar Singh Judge, Manipur High Court, Imphal. 2 The Secretary to the Governor of Manipur, Imphal. 3 The Secretary to the Chief Minister of Manipur, Imphal. 4 The Secretary to the Chief Justice, Manipur High Court, Imphal. 5 The Chief Secretary, Government of Manipur, Imphal. 6 The Registrar General, Manipur High Court, Imphal. 7 The Accountant General, Manipur, Imphal. 8 The Secretary to Governor of Assam, Guwahati. 9 The Secretary to Governor of Arunachal Pradesh, ltanagar. 10 The Secretary to Governor of Mizoram, Aizawl 11 The Secretary to Governor of Nagaiand, Kohima. 12 The Secretary to Chief Minister of Assam, Guwahati. 13 The Secretary to Chief Minister of Arunachal Pradesh, Itanagar. -
Sri Subal Kumar Dey Vs Sri Gora Chakraborty on 8 April, 2021 Tripura High Court Sri Subal Kumar Dey Vs Sri Gora Chakraborty on 8 April, 2021 Page 1
Sri Subal Kumar Dey vs Sri Gora Chakraborty on 8 April, 2021 Tripura High Court Sri Subal Kumar Dey vs Sri Gora Chakraborty on 8 April, 2021 Page 1 HIGH COURT OF TRIPURA AGARTALA CRL REV. P NO.02 OF 2018 Sri Subal Kumar Dey, son of late Chandi Charan Dey, Owner, Editor, Printer & Publisher of Syandan Patrika, 41, Sakuntala Road, Agartala, West Tripura ......... Petitioner Versus 1. Sri Gora Chakraborty son of late Anil Chakraborty, resident of Office Tilla, P.S.- Bishalgarh, District-Sepahijala, Tripura 2. The State of Tripura Secretary, Home to the Government of Tripura, Agartala, Capital Complex, Agartala, West Tripura ........ Respondents For Petitioner(s) : Mr. SC Majumder, Advocate For Respondent(s) : Mr. S. Chakraborty, Advocate Mr. S. Debnath, Addl. PP Date of hearing : 25.03.2021 Date of delivery of judgment : 08.04.2021 Whether fit for reporting : Yes HON'BLE MR. JUSTICE ARINDAM LODH JUDGEMENT AND ORDER This criminal revision petition has been filed challenging the judgment and order dated 29.07.2017 passed by the learned Sessions Judge, West Tripura, Agartala in case no. Criminal Appeal 39 of 2014 affirming the judgment and order dated 17.05.2014 passed by the learned SDJM, Bishalgarh, Sepahijala in case No. CR 08 of 2009 wherein the petitioner was sentenced to a fine of Rs. 5,000/- for the offence punishable under Section 500 IPC with default stipulation and, further sentenced to pay a fine of Rs. 5,000/- for the offence punishable under Section 502(b) IPC with default stipulation. Page 2 2) Briefly stated, Sri Gora Chakraborty, being the Secretary of Bishalgarh Sub-Divisional Committee, a wholetime activist of Communist Party of India (CPI) has filed a complaint alleging that he has been defamed by the publication of some news item published in Syandan Patrika. -
Guidelines on Grievances Received in the Department of Justice
GUIDELINES ON GRIEVANCES RECEIVED IN THE DEPARTMENT OF JUSTICE Department of Justice (DOJ) receives large number of grievances from citizens through online CPGRAMS portal and on e.mail of the officers. DoJ also receives grievances through Presidents Secretariat/Vice Presidents Secretariat/PMO/Department of Administrative Reforms & Public Grievances/other Ministries/Departments & also directly. While majority of the grievances are related to judiciary, grievances relating to other Ministries/Departments in the Central Government and pertaining to State Governments/Union Territories are also sent to us. The grievances related to judiciary are handled in the Department of Justice and the grievances pertaining to other Departments/Ministries/State Governments/UTs are forwarded to the offices concerned. The following guidelines relating to disposal of grievances in the Department of Justice are communicated for information/guidance/benefit of grievance holders:- Department of Justice is mandated to deal with grievances related to appointment etc. of Judges of Supreme Court/ High Courts, Legal Assistance/Legal Aid/Legal Awareness/Computerization of District & Subordinate Courts/Judicial Reforms etc. Grievances related to these issues only are dealt with by the Department of Justice Grievances relating to legal education, admission/scholarship etc. in LL.B Courses need to be sent to the Department of Legal Affairs. 1 Grievances relating to Advocates, Bar Council of India, Bar Councils of States and Notary/Government Counsels need to be sent to the Department of Legal Affairs. Grievances relating to inaction by Police; including non registration of FIR, atrocity by the Police, alleged partiality, improper investigation etc. come under the purview of concerned State Government.