CiteTEXT
...misbehaviour or incapacity charged against the Judge beyond reasonable doubt. The investigation contemplated in Article 124(4) of the Constitution or investigation or inquiry envisaged in the Act are...Supreme Court Judge on ground of misbehaviour — Charges pertaining to the period of his holding office of Judge of High Court — Alleged misbehaviour, if proved, would remain germ...’ — Meaning of — Above normal standard of conduct is expected from a Judge of superior judiciary — Misbehaviour has to be examined having regard to that standard — Words and Phrases...
...of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). Article 218 states that provisions of clauses (4) and (5) of Article 124 s...relation to a High Court.6. On a plain reading of the provisions of clause (4) of Article 124, a Judge of the Supreme Court can only be removed on the ground of proved ...not less than two-thirds of the members of that House present and voting, is passed and presented to him for removal of the Judge on the ground of proved misbehaviour or incapacity. Therefore, the...
...learned Judge is ‘guilty’ of misbehaviour only prior to submission of the report of the Committee to the Speaker in accordance with Section 4(2) of the Act or latest till it is laid before the Par...misbehaviour or incapacity of a Judge under clause (4) and pursuant to it the Judges (Inquiry) Act, 1968 has been enacted by the Parliament. As held in Sub-Committee on Judicial Accountability...notice of motion given by the specified minimum number of members of Parliament or in other words the inquiry into the allegations of misbehaviour or incapacity of the Judge requiring his...
...Judge for his alleged misbehaviour. The Constitution provides for independence of the Judges of the higher courts, i.e, the Supreme Court and the High Courts. It also lays down in proviso (a) to clause...subordinate to the Chief Justice of India. The constitutional process of removal of a Judge as provided in Article 124(4) of the Constitution is only for proved misbehaviour or incapacity. The rec...has responsibility and owes a duty to maintain the independence of the judiciary. It is its obligation to bring it to the notice of the Judge concerned the perceived misbehaviour or incapacity and if...
...the court has jurisdiction to decide as to its own proper constitution. In exercise of this jurisdiction it should examine the grounds of the alleged misbehaviour and restrain the Judge from judicial...Judge as hereinafter provided. Articles 124(4) and 124(5) afford protection against premature determination of the tenure. Article 124(4) says “a Judge of the Supreme Court shall not be removed from his office exce...constituted to investigate into the allegations of misbehaviour. Before the said Commission could give its report, the judge became gravely ill and the Act was repealed. [See: Lane, Commentary on the...
...explanatory note appended to the notice of motion contained detailed facts which, in the opinion of the signatories of the motion, supported the acts of misbehaviour alleged against the petitioner....extracted below:“In case the ground on which the removal of the Judge is sought is not incapacitation but misbehaviour, it would be incumbent upon the Committee..., before framing the definite charges against the Judge, to examine all instances of misbehaviour, apart from their nature and magnitude. Further in case while examining a certain instance of misbehaviour...
...of India. The notice enumerated the acts of misbehaviour allegedly committed by the petitioner and was accompanied by an explanatory note and documents in support of the allegations. After the motion was admitted, ...:“124.(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a ...judicial process of the correctness of the allegations of misbehaviour or incapacity on a more careful examination this is not the correct conclusion.”24. The learned Judge then...
...party no. 2 and 3 both are advocates and the opposite party no. 3, brother of the wife of the applicant, was punished in contempt proceeding by this court because of misbehaviour with the Judge of...
Court No. - 71 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 535 of 2018
Applicant :- Maaz Allah Khan...
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Dileep Kumar Shukla,Shiv Prakash Dubey
Counsel for Opposite Party :- G.A...
...not warrant such construction. When the Constitution mandates that a judge can be removed for proved misbehaviour or incapacity only when out of the members present two-third express their opinion in...Impeachment against Mr Justice V. Ramaswami, a sitting Judge of this Court moved in the Lok Sabha seeking to remove him from the office of Judge, should be deemed to have been carried by construing the...supported it.2. Article 124(4) is extracted below:“124. (4) A Judge of the Supreme Court shall not be removed from his office except by an...
...with the appointment and removal of the Judges of the High Court. In the Judges (Inquiry) Act of 1968 provisions are made for investigation into misbehaviour or incapacity of a Judge. It may be no...primarily for the publication of the inquiry report made by a Committee consisting of two Chief Justices and a Judge of different High Courts in respect of certain allegations of alleged involveme...the Code of Conduct in addition to the declaration of assets by the Judges and in-house procedure was suggested in the event of any complaint against any Judge. However, sanction for these guidelines...
...prestige of judge, misbehaviour, attempt to kill to Dr. Dinesh Kumar Pradhan, Additional District and Session Judge-XII, Aurangabad on 21.10.2020 even after knowing the identity and status of Dr...Police Force personnels and persons concerned for insult, assault, trespass at the residence, Yodha Bigha, Gitanjali Apartment of Dr. Dinesh Kumar Pradhan, Additional District and Session Judge- XII...Act, 1971 against the contemptnor on the basis of allegation disclosed in letter no. 36 dated 21.10.2020 written by Dr. Dinesh Kumar Pradhan, Additional District and Session Judge- XII, Aurangabad as...
...all the above cases and find that the appellant's case nowhere comes near the one described in all the above four cases. After all the Tribunal has to judge on the basis of the proved misbehaviour. In...appeal. The said writ appeal was filed against the orders of the learned Single Judge of that Court whereby the writ petition filed by the respondent Bank was allowed setting aside the order passed by.... With this observation, this petition stands allowed. Rule made absolute with no order as to costs.”7. The judgment of the learned Single Judge was appealed...
...) parliament may be law regulate the procedure for the presentation of the address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).”26...on the two Houses of Parliament passing a resolution for his removal, by a special majority, for proved misbehaviour or incapacity.Allegations of bad conduct against a High Court Judge...judicial side to enquire into the misbehaviour of a Chief Justice or Judge of a High Court. When the Bar of the High Court concerned reasonably and honestly doubt the conduct of the Chief Justice ...
...no application whatsoever. As stated earlier, Article 124(4) of the Constitution read with the Judges (Inquiry) Act prescribes the procedure to take action against a Judge of the Supreme Court or of the High Court ...aberration of the conduct of a Judge before the CJI for redressal as per the “in-house” procedure laid down therein. For proved misbehaviour, the address by each House of Parliament to the President for...removal of a Judge pursuant to a finding of proved misbehaviour or incapacity under the Judges (Inquiry) Act by a resolution of not less than two-third of the members of the House and vot...
...states that a Judge can be removed on the ground of misbehaviour or infirmity of body or mind if the Judicial Committee of the Privy Council, on a preference made to it by His Majesty, reported that the ...the most cogent and reliable evidence to show that the Judge openly allows himself to be exploited by his sons or relations and this per se would be conclusive proof of misbehaviour for which he can be impeached under Artic...an Additional Judge whose misbehaviour or lack of integrity has come to the fore be continued as an Additional Judge or confirmed as a permanent Judge? The answer at the first impulse and rightly...
...Land Acquisition Act, X of 1870, and such a case would, it seems, be more analogous to an ordinary litigation than one in which the District Judge had only to consider whether or not a...pleader had been guilty of professional misbehaviour. An inquiry of this kind is of a disciplinary character. See In re Hardwick L.R., 12 Q.B. Div., 148. Being disciplinary, it is not litigious, and the...fact that an appeal is allowed from the Subordinate Judge to the District Judge does not make it litigious. Sections 617,647 of the Code of Civil Procedure cannot, according to...
..., integrity and rectitude.64. While in Article 317(1) of the Constitution the expression “on the ground of misbehaviour” has been used, which is to be established by the report of this C.... “Proved misbehaviour” is an expression clearly distinguishable from the above terms of “misbehaviour” and “misconduct” as is apparent from the language of Article 124(4) of the Constitution. Intent, grav...proof is to be in accordance with the law enacted by Parliament under clause (5) of Article 124. In view of the fact that the adjudication of the ground of misbehaviour under Article 317(1) is to be by the...
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DRT shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity, after inquiry by a ...has to be made to the Chief Justice of India, requesting him to nominate a Judge of a High Court to conduct an inquiry. Reliance is placed upon these Rules in support of the contention that in the entire procedure ...Government upon recommendation of a selection committee. He further relies upon Rules 4, 5, 7 and 8 of the Debt Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding...
...:“For prosecuting the petitioner under the Contempt of Courts Act on the charge of writing a letter to the Chief Justice against the misbehaviour of a Judge, the Chief Just...that the three-Judge Bench in Chief Justice Court shall consist of the Chief Justice and two seniormost Judges and the Constitution Bench shall consist of five seniormost Judges or three seniormost...listing of my case before the Bench headed by Shri Sudhir Agrawal, J. And he sitting with a Judge coming from district judiciary convicted and sentenced me. He sitting with an Advocate Judge threatened me...
..., 1986, she sent a letter stating that the Judge of the Labour Court should not take decision on her resignation letter until he initiated inquiry in the incident involving alleged misbehaviour of...her work. She sent this resignation letter to her superior officer and also to the Judge of the Labour Court on 2ndApril, 1986. As per rules, she was also under obligation to deposit one...Advocate. The Judge of the Labour Court, on 7thMay, 1986, made an order accepting petitioner's resignation and made it effective from 7thMay, 1986. He thereby allowed the petitioner to...