2013 Vol.VIII Issue No.2 April
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Supreme Court of India
Bar & Bench (www.barandbench.com) SUPREME COURT OF INDIA Re: Filling up vacancies of Judges in the Supreme Court. Against the sanctioned strength of 31 Judges, the Supreme Court of India is presently functioning with 25 Judges, leaving six clear vacancies. The Collegium met today to consider filling up of these vacancies and after extensive discussion and deliberations unanimously resolves to fill up, for the present, two of these vacancies. The Collegium discussed names of Chief Justices and senior puisne High Court Judges eligible for appointment as Judges of the Supreme Court. The Collegium considers that at present Mr. Justice K.M. Joseph, who hails from Kerala High Court and is currently functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India. While recommending the name of Mr. Justice K.M. Joseph, the Collegium has taken into consideration combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts, apart from their merit and integrity. Mr. Justice K.M. Joseph was appointed as a Judge of the Kerala High Court on 14th October, 2004 and was elevated as Chief Justice of the Uttarakhand High Court on 31st July, 2014 and since Bar & Bench (www.barandbench.com) 2 then has been functioning there. He stands at Sl. No.45 in the combined seniority of High Court Judges on all-India basis. We have also considered the names of eminent members of the Bar. -
Module Detail Subject Name Political Science Paper Name Indian Politics
Module Detail Subject Name Political Science Paper Name Indian Politics: I THE JUDICIARY IN INDIA Module Name/Title Module Id Pre-requisites To understand and evaluate the working of Objectives Indian Judicial System. To explain the evolution and rise of the Supreme Court in India. Role of judicial activism towards public interest litigation and in what way it contributed to shape the nature and contours of judicial activism in India. To explain various problems and challenges faced by the judiciary and reform initiatives to address them. Judiciary, Role and Functioning, the Supreme Court, Keywords Public Interest Litigation, Judicial Overreach, Judicial Activism, Judicial Accountability, Reforms, India. 1 Role Name Affiliation Principal Investigator Prof. Ashutosh Kumar Panjab University Chandigarh. Dr. Ajay K Mehra Paper Coordinator Delhi University, Delhi. Dr. Niranjan Sahoo Content Writer/Author (CW) Observer Research Foundation, New Delhi. Dr. Ajay K Mehra Content Reviewer (CR) Delhi University, Delhi. Dr. Ajay K Mehra Language Editor (LE) Delhi University, Delhi. THE JUDICIARY IN INDIA Niranjan Sahoo Introduction From being a reliable guardian and protector of constitution, an able propagator of rights of poor and faceless citizens to an institution of last recourse for millions of citizens to activism on issues that often get little or no attention from the executive, the judiciary in India has come full circle since its inception in 1950. The judiciary which has so far played extremely stellar role in having emerged as institution of last resort as executive and legislative branches have failed to perform their constitutional roles, has in many occasions intruded into the constitutional spaces of other organs. -
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. -
National Initiative to Reduce Pendency and Delay in Judicial System
Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System Organized by : SUPREME COURT OF INDIA In collaboration with : THE INDIAN LAW INSTITUTE New Delhi 27-28 July 2018 Hon’ble Shri Justice Dipak Misra Chief Justice of India Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System CONTENTS PART I PAGES BACKGROUND 13 INAUGURAL SESSION: Inaugural Address by Hon’ble Shri Justice Dipak Misra, Chief Justice of India 16 Summary of Special Address by Hon’ble Shri Justice Ranjan Gogoi, 26 Judge, Supreme Court of India Summary of Address by Hon’ble Shri Justice Madan B. Lokur, 29 Judge, Supreme Court of India Summary of Address by Hon’ble Shri Justice Kurian Joseph, 34 Judge, Supreme Court of India Vote of Thanks by Prof. (Dr.) Manoj Kumar Sinha, 38 Director, Indian Law Institute SESSION I: CASE AND COURT MANAGEMENT TO STRENGTHEN JUDICIARY – THE WAY AHEAD Chair: Hon’ble Shri Justice A.K. Sikri, 43 Judge, Supreme Court of India Co Chair: Hon’ble Shri Justice D.B. Bhosale, 44 Chief Justice, High Court of Judicature at Allahabad Speaker: Prof. (Dr.) M.P. Singh, Chancellor, Central University of Haryana 45 & Chair Professor, Centre for Comparative Law, National Law University, Delhi Summing up by the Chair 46 SESSION II: ALTERNATIVE DISPUTE MECHANISM- AN EFFECTIVE SOLUTION TOWARDS REDUCING PENDENCY Chair: Hon’ble Shri Justice Kurian Joseph, 53 Judge, Supreme Court of India Co Chair: Hon’ble Shri Justice A.M. Khanwilkar, 54 Judge, Supreme Court of India Speaker: Prof. (Dr.) Ranbir Singh, Vice Chancellor, 55 National Law University, Delhi Summing up by the Chair 57 7 Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System SESSION III: USE OF TECHNOLOGY – A POSSIBLE SOLUTION TO ADDRESS DELAY AND TO DELIVER SPEEDY JUSTICE Chair: Hon’ble Shri Justice Madan B. -
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. -
Section:X in the Supreme Court of India Civil Original
SECTION:X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WRIT PETITION (CIVIL) NO. OF 2016 BETWEEN: Dr. Akkai Padmashali & Ors. …Petitioners Vs. Union of India & Ors................................................... Respondents I N D E X Sl No PartiCulars Copies Court Fee 1. List of Dates 1+3 2. Writ Petition with Affidavit 1+3 Rs. 3. Annexure-P-1 to P- 1+3 Rs. 4. Listing Proforma 1+1 5. Vakalatnama with Memo of Appearance. Rs. Rs. Filed By: (O.P. Bhadani) Advocate for the Petitioners Office: O-1/B, LGF (Basement) Jangpura Extension, ND-14 CODE NO. 1934 I.C. No.4812 Mob: 9717268550 New Delhi Filed On: .07.2016 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WRIT PETITION (CIVIL) NO. OF 2016 IN THE MATTER OF: Dr. Akkai Padmashali & Ors. …Petitioners Vs. Union of India & Ors.................................................. Respondents P A P E R B O O K [FOR INDEX, PLEASE SEE INSIDE] ADVOCATE FOR THE PETITIONERS: O.P. BHADANI SYNOPSIS 1. The Petitioners, who are members of the transgender community, are filing the present Writ Petition seeking a declaration that Section 377 of the Indian Penal Code is unconstitutional, being violative of their fundamental rights under Articles 14, 19 and 21 of the Constitution. 2. The Constitutionality of Section 377 IPC has been upheld by this Hon’ble Court in the judgment reported as Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1. After dismissal of Review Petitions filed to challenge the said judgment, Curative Petitions were filed, and this Hon’ble Court has been pleased to direct the matters to be heard by a Constitution Bench. -
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 Prakash Tatia 1. Date of Birth: 4Th August, 1951 2. Education
Justice Prakash Tatia 1. Date of birth: 4th August, 1951 2. Education: B.Sc. (Biology) 1972, LL.B, 1975 3. Enrolled as Advocate: 1975 4. Judge Rajasthan High Court: 11.01.2001 5. Judge Jharkhand High Court: 11.04.2011 6. Act. Chief Justice Jharkhand High Court: 13.05.2011 7. Chief Justice Jharkhand High Court: 11.09.2011 8. Chairperson Armed Forces Tribunal, New Delhi: 23.08.2013 9. Chairperson, Rajasthan State Human Rights Commission, Jaipur: 11.03.2016 10. Was Member, Advisory Committee, National Court Management Systems (NCMS), constituted by Hon’ble Chief Justice of India, Hon’ble Shri S. H. Kapadia First Committee (a) Hon’ble Shri Justice Altamas Kabir, Judge, Supreme Court of India. (b) Hon’ble Shri Justice P. Sathasivam, Judge, Supreme Court of India. (c) Hon’ble Shri Justice P. C. Tatia, Chief Justice, Jharkhand High Court. Second Committee (a) Hon’ble Shri Justice P. Sathasivam, Judge, Supreme Court of India. (b) Hon’ble Shri Justice R. M. Lodha, Judge, Supreme Court of India. (c) Hon’ble Shri Justice P. C. Tatia, Chief Justice, Jharkhand High Court. Third Committee (a) Hon’ble Shri Justice R. M. Lodha, Judge, Supreme Court of India. (b) Hon’ble Shri Justice H.L. Duttu, Judge, Supreme Court of India. (c) Hon’ble Shri Justice P. C. Tatia, Chief Justice, Jharkhand High Court. Justice Prakash Tatia, when he was Judge of Raj. High Court, he was appointed as 11. Executive Chairperson, Raj. State Legal Services Authority, 12. Chairperson, Raj. State Judicial Academy, 03.03.2009 – 10.04.2011 13. -
Current Affairs [PDF] - November 1-15,2019 2019
GKTODAY Current Affairs [PDF] - November 1-15,2019 2019 This is a dynamic PDF E-book by GKToday. The latest version of this book can be downloaded from this link Published by: GKTODAY.IN GKToday © 2019 | All Rights Reserved The authors and publisher have made every effort to ensure that the information in this E-book is correct. However, GKToday does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. This document is a property of GKToday. Unauthorized Duplication is not allowed. Current Affairs [PDF] - November 1-15, 2019 Multiple Choice Questions 1. Which state government has decided to partner with MIT-based Abdul Latif Jameel Poverty Action Lab (J-PAL)? [A] West Bengal [B] Kerala [C] Odisha [D] Sikkim Answer: Odisha The Odisha government has decided to partner with Abdul Latif Jameel Poverty Action Lab (J-PAL) for targeted intervention in a set of social sectors including poorest of the poor through policy formulation and evaluations based on experimental research. The co-founders of J-PAL are Nobel laureates Abhijit Banerjee and Esther Duflo. The Massachusettes Institute of Technology (MIT)-based J-PAL is known for its experimental research studies or randomized controlled trials. It has worked extensively in Africa as well India and its evaluations have helped improve outcomes of social sector initiatives. 2. What is the theme of 2019 edition of World Cities Day (WCD)? [A] Designed to Live Together [B] Inclusive Cities, Shared Development [C] Changing the world [D] Promoting a better urban future Answer: Changing the world The World Cities Day (WCD) is observed every year on 31 October to promote the international community’s interest in global urbanization, push forward cooperation among countries in meeting opportunities and addressing challenges of urbanization, and contributing to sustainable urban development around the world. -
Prabha Ias Ips Coaching Academy
PRABHA IAS IPS COACHING ACADEMY CURRENT AFFAIRS JUNE 2017 1) Driver’s Training Institute and a Secondary School under the SMARTGRAM Initiative AT Dhaula Gurugram in Haryana. 2) India is a World leader in milk production for the past 15 years and this achievement is primarily due to the contribution of smallholder dairy farmers, milk producers, milk processing and marketing organisations and various other stakeholders involved. 3)PRITHIVI II LAUNCHED IN JUNE 2017 BY DRDO FROM test range in Odisha.It has a strike range of 350 km, was carried out from a mobile launcher from launch complex-3 of the Integrated Test Range (ITR) at Chandipur It is capable of carrying 500 kg to 1,000 kg of warheads and is thrusted by liquid propulsion twin engines. It uses advanced inertial guidance system with manoeuvring trajectory to hit its target with precision and accuracy. Prithvi (Sanskrit: pṛthvī "Earth") is a tactical surface-to-surface short- range ballistic missile (SRBM) developed by DRDO of Indiaunder the Integrated Guided Missile Development Program (IGMDP of 1983). It is deployed by India's Strategic Forces Command. 4) SOIL HEALTH CARD- Soil Health Card, a revolutionary scheme, was initiated for farmers and it has made a huge difference to farming and farm produce. It has helped in increasing the productivity and reduced the cost of production. Hon’ble Prime Minister Shri Narendra Modi had inaugurated the scheme on February 19, 2015, in Suratgarh, Rajasthan. Soil Health Card provides information to farmers on nutrient status of their soil along with recommendations on appropriate dosage of nutrients for improving soil health and its fertility. -
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. -
News Letter 2017-18
of the Chancellor University Hon’ble Shri Justice Sharad Arvind Bobde Judge, Supreme Court of India 1 Visionaries and Missionaries of the University Members of the General Council ¤ Hon’ble Shri Justice S.A. Bobde, Judge, Supreme Court of India and Chancellor, MNLU, Nagpur ¤ Hon’ble Shri Justice V.S.Sirpurkar, Former Judge, Supreme Court of India ¤ Prof. (Dr.) Vijender Kumar, Vice-Chancellor, MNLU, Nagpur ¤ Shri K.K. Venugopal,Attorney General of India ¤ Hon’ble Shri Justice Madan B. Lokur, Judge, Supreme Court of India ¤ Hon’ble Minister of Higher Education, Government of Maharashtra ¤ Hon’ble Minister of Law, Government of Maharashtra ¤ Hon’ble Shri JusticeA.S. Oka, Judge, Bombay High Court ¤ Hon’ble Shri Justice B.R. Gavai, Judge, Bombay High Court ¤ Shri Ashutosh Kumbhakoni,Advocate General of Maharashtra ¤ Prof. (Dr.) VedPrakash, Chairman, University Grants Commission ¤ Shri Jayant D. Jaibhave, Nominee, Bar Council of India ¤ Shri Dattaprasad Lawande, Chairman, Bar Council of Maharashtra and Goa ¤ Principal Secretary, Higher and Technical Education, Government of Maharashtra ¤ Dr. Prakash BabaAmte, Social Worker ¤ Hon’ble Shri Justice R.C. Chavan, Former Judge, Bombay High Court ¤ Prof. (Dr.) Paramjit S. Jaswal, Vice-Chancellor, RGNUL, Punjab (Patiala) 2 Members of the Executive Council ¤ Prof. (Dr.) Vijender Kumar, Vice-Chancellor, MNLU, Nagpur ¤ Hon’ble Shri Justice B.R. Gavai, Judge, Bombay High Court ¤ Principal Secretary, Higher and Technical Education, Government of Maharashtra ¤ Principal Secretary, Finance Department, Government of Maharashtra ¤ Principal Secretary, Law and Judiciary Department, Government of Maharashtra ¤ Hon’ble Shri Justice R.C. Chavan, Former Judge, Bombay High Court ¤ Prof. (Dr.) Paramjit S. Jaswal, Vice Chancellor, RGNUL, Punjab (Patiala) ¤ Prof.