DOCSLIB.ORG

Merge Dec 12

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Merge Dec 12 3 All] Niyamatullah and 2 others V. 1st A.D.J., Bahraich and 2 others 1515 ORIGINAL JURISDICTION participate in the proceedings of S.C.C. CIVIL SIDE Suit No.22 of 1992. Both the order under DATED: LUCKNOW 06.12.2012 challenge are hereby confirmed. Learned Judge, Small Causes Court, Bahraich, BEFORE where the suit is pending is directed to THE HON'BLE SAEED-UZ-ZAMAN SIDDIQI, J. proceed on with the case, on day to day basis, in such a fashion, that it is decided Rent Control No. 9 of 2004 within three months from the date of production of a certified copy of this order. Niyamatullah and 2 others ...Petitioners Case Law discussed: Versus AIR 1973 SC 1034; 1987 (1) ARC 281; 2005 1st A.D.J., Bahraich and 2 others (1) SCC 705; 2005 AIR (SC) 2342; 2000 ...Respondents SCFBRC 321; 2003 AIR SCW 7158; (2010) 2 SCC 114; AIR 1983 S.C. 1015; 2000 AIR SCW Counsel for the Petitioner: 3793 Mohd. Arif Khan Sri M.P. Verma (Delivered by Hon'ble Saeed-Uz-Zaman Siddiqi, J.) Counsel for the Respondents: C.S.C. 1. By means of this writ petition, Sri B.R. Tripathi petitioners have sought for a writ in the Constitution of India, Article 226-read nature of certiorari, quashing the order with Small Cause Court Act 1887 Section dated 26.10.1998, passed by the learned 23 -during pendency of suit before the Judge, Small Causes Court / Civil Judge Small Cause Court-after 40 years- (J.D.), Bahraich, contained as Annexure application to return the plaint by No.1 and judgment and order dated tenant-on ground intricates question of 16.12.2003, passed by First Additional ownership-JSCC as well as Revisional Court dismissed the application on District Judge, Bahraich, contained as ground the question of ownership is not Annexure No.10, to the writ petition. under consideration only with soul purpose to prolong the litigation such 2. Heard learned counsel for both foul game has been played-petition the parties and gone through the records. dismissed by imposing cost of Rs. 25,000-direction to conclude the proceeding within 3 month issued. 3. The admitted facts between the parties are that the petitioners are tenants Held: Para-17 of the disputed premises. The opposite party no.3, claiming himself to be On the basis of discussions made above, landlord filed a small cause case for writ petition deserves to be dismissed. eviction and recovery of rent and damages Writ petition is accordingly dismissed for use and occupation before the learned with a cost of Rs.25,000/- to be paid by the petitioners to opposite party no.3 Trial Court. Opposite party no.2 filed within thirty days from today or in case written statement and challenged the of refusal by opposite party no.3 the ownership of opposite party no.3, who same shall be deposited before the was plaintiff before the Judge, Small learned Judge, Small Causes Courts Causes Court. Replication was also filed within stipulated time, which shall be a by opposite party no.3. The suit was filed condition precedent for the petitioners to 1516 INDIAN LAW REPORTS ALLAHABAD SERIES [2012 on 2.9.1992. Written statement was filed in a small cause case and plead that it is by the petitioners on 21.10.1993. The an intricate question of title, upon which replication was filed on 22.3.1994, against the plaint should be returned for which the defendants / petitioners filed presentation to the proper court. This another application on 22.08.1996. On the misconception of law and creation of the same date, the petitioners moved ground of a mischievious tenant to application before the learned Judge, prolong the possession in the disputed Small Causes Court under Section 23 of premises. Section 23 of the Small Cause the Provincial Small Cause Courts Act, Courts Act, 1887 is reproduced as under:- 1887, for returning the plaint on the ground that intricate question of "Return of plaints in suits involving ownership is involved in this case, which question of title -(1) Notwithstanding was numbered as Paper No.116-C. It was anything in the foregoing portion of this rejected vide order dated 26.10.1998. The Act, when the right of a plaintiff and the petitioners filed S.C.C. Revision No.21 of relief claimed by him in a Court of Small 1998, which was also dismissed vide Cases depend upon the proof or disproof judgment and order dated 16.12.2003. of a title to immovable property or other Aggrieved by both the orders, petitioners title which such a Court cannot finally have knocked the door of this Court. determine, the Court may at any stage of the proceedings return the plaint to be 4. Admittedly, the petitioners are presented to a Court having jurisdiction tenants of the disputed shop. They are to determine the title. raising issue of ownership on the ground that Nazar Mohammad was the owner of (2) When a Court returns a plaint the disputed premises who executed will under sub-section (1), it shall comply with on 25.05.1968 in favour of his widow the provisions of the second paragraph of who along with her five sons and one section 57 of the Code of Civil Procedure daughter sold it. In the said sale deed all (14 of 1882) and make such order with the heirs of Nazar Mohammad were not respect to costs as it deems just, and the party. The petitioners have raised a plea Court shall, for the purposes of the Indian that since Smt. Sughra Bano widow of Limitation Act, 1877 (15 of 1877), be Nazar Mohammad was heir and under deemed to have been unable to entertain Islamic law a will cannot be executed in the suit by reason of a cause of a nature favour of an heir. The will was void. It is like to that of defect of jurisdiction." undisputed that a muslim can bequeath his property up to the extent of one third but 5. In view of the above mentioned if the said will is in favour of an heir all provisions of law the right of plaintiff and the other co-heirs must consent to it. In the relief claimed by him must depend either case, through sale deeds the upon proof or disproof of title. Title of the opposite party no.3 became owner. His plaintiff is not at all involved in this case ownership can be challenged by the heirs which is based upon relationship of of Nazar Mohammad. That may be a landlord and tenant. Admittedly the question of title involved as amongst the plaintiffs are the tenants. The factum of heirs of Nazar Mohammad, but such ownership is foreign to the scope of dispute cannot entitle the tenant to raise it Judge, Small Causes Court. 3 All] Niyamatullah and 2 others V. 1st A.D.J., Bahraich and 2 others 1517 the premises do not miss any opportunity 6. In M/s. Hiralal Ratanlal v. STO, of filing appeals or revisions so long as AIR 1973 SC 1034 , this court observed:- they can thereby afford to perpetuate the life of litigation and continue in "In construing a statutory provision occupation of the premises." the first and foremost rule of construction is the literally construction. All that the 9. This writ petition demonstrates Court has to see at the very outset is what how a determined and dishonest litigant does the provision say. If the provision is can interminably drag on litigation to unambiguous and if from the provision frustrate the results of a judicial the legislative intent is clear, the Court determination. The history of this need not call into aid the other rules of litigation shows nothing but cussedness construction of statutes. The other rules of and lack of bonafide on the part of the construction are called into aid only when petitioners. Apart from their tenacity and the legislative intent is not clear." determination to prevent the opposite party no.3 from enjoying the fruits of 7. A full Bench of this Court has decree, there appears to be nothing held in Gopal Das v. Additional District commendable in the case. In view of the Judge, Varanasi, 1987 (1) ARC 281 , in conduct of the petitioner they deserves which it was held that one co-owner is condemnation which can only be competent to maintain an action for indicated by imposition of cost on the eviction of the tenant of the entire petitioners. premises, since he can be considered as a "landlord" within the meaning of Section 10. While holding this I rely upon 3(5) of U.P. Act No.13 of 1972. It was the law laid down by the Hon'ble Apex further held that one co-owner alone Court in Gayatri Devi and others v. would be competent to sign such Shashi Pal Singh, 2005 AIR (SC) 2342. application. 11. In Rajappa Hanamantha 8. In view of the legal propositions Ranoji v. Mahadev Channabasappa & as mentioned above the petitioners are ors. Reported in 2000 SCFBRC 321, the dragging the landlord / opposite party Hon'ble Supreme Court also made the no.3 in the litigation since 1992. Twenty following observations: years have elapsed and suit is yet to see light of the day. This is a case of sheer "It is distressing to note that many abuse of court process. In Atma Ram unscrupulous litigants in order to Properties (P) Ltd. v. Federal Motors circumvent orders of Courts adopt Pvt.
Load more

Recommended publications
  • Uttarakhand Lokayukta Bill, 2011 [Uttarakhand Bill No
    THE UTTARAKHAND LOKAYUKTA BILL, 2011 [UTTARAKHAND BILL NO. OF 2011] A Bill to establish an independent authority to investigate offences under the Prevention of Corruption Act, 1988 so as to detect corruption by expeditious investigation and to prosecute offenders and redressal of certain types of public grievances and to provide protection to whistleblowers. Be it enacted by Legislative Assembly of Uttarakhand in the Sixty-second year of the Republic of India as follows:- CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the Uttarakhand Lokayukta Act, 2011. commencement (2) For the purpose of preparations, the provisions of the Act shall and extent come into force at once and the Act shall be operationalised within 180 days of its securing assent from the Governor of Uttarakhand. (3) It extends to the whole of the State of Uttarakhand. Definitions 2. In this Act, unless the context otherwise requires:- (a) “Board” means the Chairperson and the other members of the Lokayukta collectively. (b) “Complaint” means an allegation of corruption or a request by whistleblower for protection or a request for redressal of certain grievances covered under this Act. (c) “Lokayukta” means and includes, (i) The Board; (ii) Benches constituted under this Act and performing functions under this Act; (d) “Lokayukta Bench” means a Bench of two or more members of the 1 Lokayukta with or without the Chairperson acting together in respect of any matter in accordance with the regulations framed under the Act. Each bench shall have a member with
    [Show full text]
  • Civil) No 494 of 2012 Justice Ks Puttaswamy (Retd
    REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO 494 OF 2012 JUSTICE K S PUTTASWAMY (RETD) & ANR ...PETITIONERS Versus UNION OF INDIA & ORS ...RESPONDENTS WITH T C (C) NO 151 OF 2013 T C (C) NO 152 OF 2013 W P (C) NO 833 OF 2013 W P (C) NO 829 OF 2013 T P (C) NO 1797 OF 2013 W P (C) NO 932 OF 2013 1 T P (C) NO 1796 OF 2013 CONMT. PET. (C) NO 144 OF 2014 T P (C) NO 313 OF 2014 T P (C) NO 312 OF 2014 SLP (CRL) NO 2524 OF 2014 W P (C) NO 37 OF 2015 W P (C) NO 220 OF 2015 CONMT. PET. (C) NO 674 OF 2015 in W P (C) NO 829 OF 2013 T P (C) NO 921 OF 2015 CONMT. PET. (C) NO 470 OF 2015 W P (C) NO 231 OF 2016 CONMT. PET. (C) NO 444 OF 2016 CONMT. PET. (C) NO 608 OF 2016 W P (C) NO 797 OF 2016 CONMT. PET. (C) NO 844 OF 2017 2 W P (C) NO 342 OF 2017 W P (C) NO 372 OF 2017 W P (C) NO 841 OF 2017 W P (C) NO 1058 OF 2017 W P (C) NO 966 OF 2017 W P (C) NO 1014 OF 2017 W P (C) NO 1002 OF 2017 W P (C) NO 1056 OF 2017 AND WITH CONMT. PET. (C) NO 34 OF 2018 in W P (C) NO 1014 OF 2017 3 J U D G M E N T INDEX A Introduction: technology, governance and freedom B The Puttaswamy1 principles B.I Origins: privacy as a natural right B.2 Privacy as a constitutionally protected right : liberty and dignity B.3 Contours of privacy B.4 Informational privacy B.5 Restricting the right to privacy B.6 Legitimate state interests C Submissions C.I Petitioners’ submissions C.2 Respondents’ submissions D Architecture of Aadhaar: analysis of the legal framework E Passage of Aadhaar Act as a Money Bill E.I Judicial Review of the Speaker’s Decision E.2 Aadhaar Act as a Money Bill F Biometrics, Privacy and Aadhaar F.I Increased use of biometric technology F.2 Consent in the collection of biometric data F.3 Position before the Aadhaar legislation 1 (2017) 10 SCC 1 4 F.4 Privacy Concerns in the Aadhaar Act 1.
    [Show full text]
  • Combating Corruption
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by International Public Management Review COMBATING CORRUPTION: LESSONS OUT OF INDIA Krishna K. Tummala ABSTRACT This paper deals with the ubiquitous problem of corruption among public officials– both elected and appointed, in India. By looking at the legal and administrative provisions to combat corruption, it is shown how futile the attempts so far have been. Among the plethora of reasons for failure to combat corruption, it is concluded that the more important ones are the inadequate and inefficient enforcement mechanisms, lack of political will, and more importantly the cultural context of social tolerance and easy forgiveness. Any outrage that is there is largely confined to rhetoric, not action. Despite some helpful developments such as the newly conferred freedom of information, active investigative media and engaged civic groups, reasons for optimism appear to be minimal. The need seems to be a serious effort to develop sound norms by changing the societal culture, which places the premium on the shoulders of political parties. International Public Management Review · electronic Journal at http://www.ipmr.net 34 Volume 10 · Issue 1 · 2009 · © International Public Management Network “One cannot mandate honesty.” Veerappa Moily, Chair, Second Administrative Reforms Commission, 2007 India did not invent corruption, but it seems to excel in it. Preoccupation with the subject is almost ancient. While categorizing “forty ways of embezzlement” and as to how to deal with that, Kautilya made the following observation about human behavior: “Just as it is impossible not to taste the honey or the poison that finds itself at the tip of the tongue, so it is impossible for a government servant not to eat up, at least, a bit of the king’s revenue.
    [Show full text]
  • Doctor of Pbilo!Gopbp in PUBLIC ADMINISTRATION
    THE FUNCTIONING OF THE LOKAYUKTA IN THE NATIONAL CAPITAL TERRITORY OF DELHI, 2000-2009 THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF doctor of Pbilo!gopbp IN PUBLIC ADMINISTRATION BY KHAN KEHKASHAN LATIF UNDER THE SUPERVISION OF DR. S. WASEEM AHMAD - - -' DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2013 'L: 1 6 ; C';' 2014 Dedicated Slyly (Beloved Parents DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY, ALIGARH Tel: 0571-2721179 (R) Dr. S. Waseem AFimad 0571-2701720 (0) M.A..I.1,B.M.PhiI..Ph.D. Mob: 09412385583 (Sr. Associate Professor) Fax : 0571-2700528 r ma(: Dr.s%vahmad 1954', o.com Dated :.......................... Certificate l his is to certil\ that Ms. Khan Kehkashan Latif has completed her thesis entitled "The Functioning of the Lokayukta in the National Capital Territory of Delhi, 2000-2009" under my supervision and is. in my opinion. suitable for submission and for the award of the degree of doctor of Philosophy in Public Administration ofAligarh Muslim University, Aligarh. (Dr. S. Waseem Ahmad) Supervisor CONTENT Page No. Acknowledgement i-ii Preface u i-vili Chapter -1 Origin and Evolution of the Ombudsman 1-35 Chapter -2 Lokpal and Lokayukta in India 36-99 Chapter -3 Lokayukta in National Capital Territory of Delhi 100-125 Chapter -4 Functioning of Lokayukta in National Capital Territory of Delhi 126-159 Chapter -5 Conclusion 160-181 Bibliography 182-190 Appendices ACKNOWLEDGEMENT First of all I wish to thank the almighty 'ALLAH who bestowed upon me the ,e and patience to embark upon this work and carry it to its completion.
    [Show full text]
  • Judicial Review and Money BILLS
    J UDICIAL REVIEW AND MONEY BILLS Pratik Datta, Shefali Malhotra & Shivangi Tyagi* Under the existing constitutional scheme in India, for a bill to be enacted into a law, it has to be approved by both Houses of the Parliament – the Lower House (Lok Sabha) and the Upper House (Rajya Sabha). However, one significant exception to this general rule is the certification of a bill as a ‘money bill’ by the Speaker of the Lower House, whereupon the bill can be enacted into a law by the Lower House alone, without any approval from the Upper House. Although the scope of a ‘money bill’ is broadly delineated in the Constitution, it is possible that a bill could be incorrectly certified as a ‘money bill’ by the Speaker and enacted into a law without the approval of the Upper House. Further, the Constitution accords finality to the decision of the Speaker as to whether the bill is a ‘money bill’, thus raising issues such as whether such finality would bar the Supreme Court from review- ing the accuracy of the Speaker’s decision in this regard; and whether the Supreme Court can strike down such a law as being unconstitutional, if the Speaker’s decision is indeed found to be incorrect. In this paper, we exam- ine these questions which are of immense contemporary relevance in India, and attempt to posit our conclusions to the same. I. INTRODUCTION Under the extant constitutional scheme in India, for a bill to be enacted into a law, it has to be approved by both Houses of the Parliament – the Lower House (Lok Sabha) and the Upper House (Rajya Sabha).
    [Show full text]
  • Corruption in India: Bridging Research Evidence and Policy Options
    Corruption in India: Bridging Research Evidence and Policy Options Sandip Sukhtankar1 Milan Vaishnav2 April 27, 2015 Abstract Corruption has become an increasingly salient issue in India today, spawning both enormous interest from the media as well as a large amount of academic research. Yet there is a large gap between what has captured the media’s attention, the policy options under discussion, and the actual evidence base drawn from empirical research on corruption. We attempt to bridge this gap, directly addressing the particular challenges that corruption in India poses. Academic evidence supports the popular perception that corruption is widespread and endemic. However, we find that the costs of day-to-day corruption are just as large, if not larger, than those of the “scams” that dominate headlines. Further, we find that there is very little evidence to support the idea that greater transparency, information, and community based efforts have a significant impact on reducing corruption on their own. This is also true for some technological interventions, although those interventions – like direct benefit transfers – that bypass middlemen and corrupt officials have a much greater scope for success, as do interventions that transfer bargaining power to citizens and beneficiaries. We find much to commend in the sensible and wide-ranging legislative agenda to combat corruption, including the Right to Service and Public Procurement bills. However, what is most important for combating corruption is not the law on paper but the implementation of the law; the binding constraint, as always, is the government’s desire and ability to punish corrupt officials and politicians.
    [Show full text]
  • The Journal of Parliamentary Information
    THE JOURNAL OF PARLIAMENTARY INFORMATION VOLUME XXXIV, No. 2 JUNE, 1988 THE JOURNAL OF PARLIAMENTARY INFORMATION Editor: DR SUBHASH C. KAsHYAP The Journal of ParJiamentaIY Infonnation. a quarterly publication brought out by the Lok Sabha Secretariat, aims at the dissemination of authoritative infonnation about the practices and procedures that are continuously being evolved in Indian and foreign u,gislatures. The Journal also purports to serve as an authentic recorder of important parliament8l)' events and activities and provides a useful forum to members of Parlia- ment and State Legislatures and other experts for the expression of their views and opinions thereby contributing to the development and streng- thening of parliamentmy' democracy in the counby. The Editor would welcome articles on constitutional, parliamentmy and subjects for publication in the Journal. A modest, token hono- rarium1. is payable for articles etc. accepted for publication in the Journal. The articles should be type-written on only one side of the paper. Latest standard books are reviewed in the Journal by members of Parliament and scholars. Books intended for review- should be sent to the Editor. The views expressed in the signed articles etc. published in the Journal are those of the authors and the Lok Sabha Secretariat does not accept any responsibility for them. Copyright for the articles, notes and reviews published in the Journal vests with the Lok Sabha Secretariat and prior written pennission from the Editor should be obtained for the reproduuion of any material from the Journal. A copy of the publication in which an article is so reproduced should be sent to the Editor.
    [Show full text]
  • UPPSC Polity and Governance.Indd
    UPPSC | POLITY & GOVERNANCE | 3 UPPSC Prelims POLITY & GOVERNANCE CONTENTS Uttar Pradesh: Polity & Governance At a Glance ....................04 Formation of Uttar Pradesh ...................................................... 04 Executive of U.P. ......................................................................... 05 Legislature of Uttar Pradesh ..................................................... 08 The Judiciary ................................................................................ 11 Local Self Government ............................................................... 14 Governance in Uttar Pradesh .................................................... 16 4 UPPSC | POLITY & GOVERNANCE | UTTAR PRADESH: POLITY & GOVERNANCE AT A GLANCE Statehood 24th January 1950 Date of Establishment 1st November 1956 Capital Lucknow Districts 75 Governor Anandiben Mafatbhai Patel Chief Minister Yogi Adityanath (BJP) Cities Towns 689 Development Blocks 822 Muncipal Corpration 13 Members of Lok Sabha from U.P. 80 Members of Rajya Sabha from U.P. 31 Members of U.P. Legislative Council 404 Members of U.P. Legislative Assembly 100 High Court Prayagraj Section Bench Lucknow FORMATION OF UTTAR PRADESH The state was under Bengal Presidency till 1834. In January 1858, Lord Canning proceeded to Allahabad and formed the North Western Province excluding Delhi division. The seat of power was thus shifted from Agra to Allahabad. This was followed by the transfer of the High Court from Agra to Allahabad in 1868. In 1856, Awadh was placed under the Chief Commissioner. The districts were later merged with the North Western Province and began to be known as ‘North Western Provinces and Oudh’ in 1877. The entire province came to be known as the ‘United Provinces of Agra and Oudh’ in 1902. First election for the Legislative Council was held in 1920 and it was constituted in Lucknow in 1921. Since the governor, ministers and secretaries to governor had to be in Lucknow, the then governor Sir Harcourt Butler changed his headquarters from Allahabad to Lucknow.
    [Show full text]
  • India 2015 Human Rights Report
    INDIA 2015 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY India is a multiparty, federal, parliamentary democracy with a bicameral parliament. The president, elected by an electoral college, is the head of state, and the prime minister is the head of the government. Under the constitution the 29 states and seven union territories have a high degree of autonomy and have primary responsibility for law and order. Voters elected President Pranab Mukherjee in 2012 to a five-year term, and Narendra Modi became prime minister following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the May 2014 general elections. Observers considered these elections, which included more than 551 million participants, free and fair, despite isolated instances of violence. Civilian authorities maintained effective control over the security forces. The most significant human rights problems involved police and security force abuses, including extrajudicial killings, torture, and rape; corruption remained widespread and contributed to ineffective responses to crimes, including those against women, children, and members of scheduled castes or tribes; and societal violence based on gender, religious affiliation, and caste or tribe. Other human rights problems included disappearances, hazardous prison conditions, arbitrary arrest and detention, and lengthy pretrial detention. Court backlogs delayed or denied justice, including through lengthy pretrial detention and denial of due process. There were instances of infringement of privacy rights. The law in some states restricted religious conversion, and there were reports of arrests but no reports of convictions under those laws. Some limits on the freedom of movement continued. Rape, domestic violence, dowry-related deaths, honor killings, sexual harassment, and discrimination against women remained serious societal problems.
    [Show full text]
  • Government of India Ministry of Home Affairs Lok Sabha
    GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 1594 TO BE ANSWERED ON THE 02ND JULY, 2019/ ASHADHA 11, 1941 (SAKA) PENDING BILLS 1594. SHRI PARVESH SAHIB SINGH: Will the Minister of HOME AFFAIRS be pleased to state: (a) the list of Bills reserved by the Governor for the assent of the President during the last five years in the country, State-wise; (b) the list of ordinances given assent by the President in the country during the said period, State-wise; and (c) the list of all Bills returned by the President back to Governor without being signed during the said period, State-wise? ANSWER MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI) (a): The State-wise list of Bills reserved by the Governors for assent of the President during the last five calendar years (2014-2018) is given in Annexure-I. (b): The State-wise list of Ordinances accorded previous approval of the President during the last five calendar years (2014-2018) is given in Annexure-II. (c): The State-wise list of Bills returned with a Presidential message to the respective State Legislature during the last five calendar years (2014-2018) is given in Annexure-III. ********** 1. ANNEXURE- I L.S.US.Q. No. 1594 FOR 02.07.2019 State-wise list of the Bills reserved by the Governors and received for assent of the President during the last five calendar years: Sl. No. Name of the Bill ANDHRA PRADESH 1. The Contract Labour (Regulation and Abolition) (Andhra Pradesh Amendment) Bill, 2015 2.
    [Show full text]
  • Uttar Pradesh Lokayukta
    Working Of The Lokayuktas In States- A Critical Analysis PJAEE, 17 (9) (2020) WORKING OF THE LOKAYUKTAS IN STATES- A CRITICAL ANALYSIS Parishkar Shreshth, Research Scholar, Amity University, Lucknow Campus. Organisation/Affiliation- Amity University, Lucknow Campus. Amity University Lucknow Campus Malhaur (Near Railway Station), Post Office : Chinhut, Lucknow (U.P.) – 226028 Email ID: [email protected] Parishkar Shreshth, Working Of The Lokayuktas In States- A Critical Analysis- Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(9). ISSN 1567-214x, Keywords: Lokayukta, Corruption, surveillance, amendments, judiciary, plaintiff. Abstract The Lokayukta is an anti-corruption watchdog. A Lokayukta cannot be revoked or transferred by the government, and must only be withdrawn by an impeachment motion by the assembly. Naresh Kadyan battled to have a Lokayukta set up in Haryana. The group of officials led by Morarji Desai submitted a study on "Problems of Redressal of Citizen's Grievances" in 1966. In this report, the ARC proposed that two bodies be set up named "Lokpal" and "Lokayukta" which would be known as the chief security officers to guard the interests of common man and to prevent corruptions. Lokayukta is considered to be an incorruptibility of government. Not least it investigates the charges of wrongdoing and arrogance towards public servants and is responsible for speedy redress of grievances. This paper will examine critically the workings and schemes in various Indian states. Introduction- The Institution of Ombudsman was created in 1968 in the Fourth Lok Sabha. Since 1971, attempts have been made to realize the initiative. However, this idea never really saw the light of day.
    [Show full text]
  • 2014 Vol.IX Issue No. 2 April
    CONTENTS Appointments and Retirements in the Supreme Court of India .........................2 Appointments in the High Courts ........................................................................3 Transfers between the High Courts ....................................................................3 Vacancies in the Courts .................................................................................. 4-5 Institution, Disposal and Pendency of Cases in the Supreme Court.................6 Institution, Disposal and Pendency of Cases in the High Courts and in the District and Subordinate Courts ................................................................ 7-8 Some Supreme Court Decisions of Public Importance ............................... 9-17 Some Recent Major Events and the Initiatives ........................................... 18-20 Some Important Visits and Conferences ................................................... 21-24 This newsletter is intended to provide public access to information on the activities and achievements of the Indian Judiciary in general. While every care has . been taken to ensure accuracy and to avoid errors/omissions, information given in the newsletter is merely for reference and must not be taken as having the authority of, or being binding in any way on, the Editorial Board of the newsletter and the officials involved in compilation thereof, who do not owe any responsibility whatsoever for any loss, damage, or distress to any person, whether or not a user of this publication, on account of any action taken or not taken on the basis of the information given in this newsletter. 2 COURT NEWS, APRIL - JUNE 2014 APPOINTMENTS AND RETIREMENTS IN THE SUPREME COURT OF INDIA (FROM 01-04-2014 TO 30-06-2014) RETIREMENTS S. No. Name of the Hon’ble Judge Date of Retirement 1 Hon’ble Mr. Justice P. Sathasivam 27-04-2014 2 Hon’ble Mrs. Justice Gyan Sudha Misra 28-04-2014 3 Hon’ble Mr.
    [Show full text]