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...President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the ...President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the ....(6) The opinion of the Chief Justice of India, forwarded in the manner indicated above, shall be primal. No appointment can be made by the President under Articles 124(2)...
...would be possible to appoint such person as an Additional or permanent Judge in another High Court after consulting only the Chief Justice of India under clause (1) of Article 222. This p...Judge is appointed for a further term either accepting the opinion expressed by the Chief Justice of the High Court in preference to that of the Chief Justice of India o...appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a ...
...India WP (C) No. 2529 of 1985, by which and whereunder, the High Court has quashed the land acquisition proceedings in view of the fact that the objections filed by the respondent tenure-holders ...had been submitted by another Collector, the proceedings stood vitiated being in violation of the principles of natural justice.6. In view of the majority opinion, as is...violation of principles of natural justice i.e the objections under Section 5-A were not disposed of in accordance with law.9. We have considered the rival submissions made by the...
...exclusively, under s. 12(1) (i) of the Mysore Hindu Law Women's Rights Act, 1933. On challenge to her title by respondents she relied on a sale-deed created in favour of her mother for a...devolution must itself be a gift from the husband to the wife. In deciding under which class of properties specified by cls. (b) and (d) of s. 10(2) the present property falls, it would not be possible to.... was delivered by Gajendragadkar, J. J. R. Mudholkar J. delivered a dissenting opinion.
GAJENDRAGADKAR J.-This appeal arises from a suit filed by the appellant...
...early as 1811 the Chief Justice of Pennsylvania had concluded: “For weighty reasons, it has been assumed as a principle in constitutional construction by the Supreme Court of the United States, by this...and is liable to be dismissed with a direction to the petitioner that 50% of the deficit amount assessed by the Sub-Registrar concerned and as per the directions of the Hon'ble Chief Judge, City...the High Court that the document can be returned if the party does not want to get it stamped is not correct.17. In our opinion, a registering officer under the...
...appellant was in possession of the suit property in the capacity of a watchman. Regarding Issue 3, the trial court had observed as under:“… As per July 1949 register....”11. Regarding Issue 2 of adverse possession, the trial court found that the appellant's father was employed by the respondent Society as a watchman on a petty monthly salary and in...that capacity he was allowed to stay in the suit property. The appellant did not acquire the suit property by adverse possession and the issue was rightly decided against the appellant by the trial...
...the Judge of the High Court, the President appoints a Judge by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State and ...filing FIR against the Judge concerned after being satisfied in the matter. The President shall act in accordance with advice given by the Chief Justice of India. If the Chief ...under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and in the case of appointment of a Judge other than the Chief Justice, the...
....17. Reliance was placed on this decision by the High Court in the judgment under appeal. The High Court in our opinion rightly pointed out, however, that the decision was on a ...provinces comprised in British India before independence, as far as other areas, forming part of the Union of India under the Constitution are concerned, only the Indian Contract Act, 1872 is applicable. ...of the permanent employee. It was submitted by Shri Ramamurthi further that even in cases of employment under the Union and the States, the pleasure doctrine is limited by the express provisions of...
...her son took up separate residence in a women's shelter in Saginaw, Michigan. She filed a petition for divorce on January 2, 1981 in the Circuit Court for the County of Saginaw, Michigan. By a decree...parent he should stay with. The child is an American citizen. Excepting for the last few months that have elapsed since his being brought to India by the process of illegal abduction by the father, he...his origin in the United States of America. The child's presence in India is the result of an illegal act of abduction and the father who is guilty of the said act cannot claim any advantage by...
...regarding extension of service in the Settlement between the ACEU and the Indian Airlines of 10-1-1972 is better worded and it should be adopted by the Air India also in its entirety...-43)“Though the differing procedures might involve disparity in the treatment of the persons tried under them, such disparity is not by itself sufficient, in my opinion.... The Rule regarding extension of service in the Settlement between the ACEU and the Indian Airlines of January 10, 1972 is better worded and it should be adopted by the Air India also in its entirety...
...operation on his son--Surinder Singh-in April 1960. The operation was performed. The Chief Minister desired that after the operation his son should stay under the care of the appellant at Jullundur during...may be framed in that regard by the Governor of the Punjab, under cl. (b) of sub-s. (2) of s. 241 of the Government of India Act, 1935."
The Punjab Civil Services Rules...were also made by the Governor of Punjab under s. 241 of the Government of India Act and came into force from April 1, 1941. They too were in force at the time the appellant joined service. Rule...
...repealed would reveal the legislative response to judicial interpretation. Under Section 56(b) of the repealed Act, the court was precluded by its injunction to grant stay of proceeding in a court not...Single Judge. The correctness and validity of this order is impugned in this appeal.3. As the suit is pending awaiting adjudication on merits, every attempt would be made by...read with Section 37 of the Specific Relief Act, 1963 or in exercise of the inherent powers of the court under Section 151 of the Code of Civil Procedure. This position is seriously contested by the...
...Procedure by supplementing it in consultation with the Chief Justice of India. The Chief Justice of India will take a decision based on the unanimous view of the Collegium compri...is to be of the Chief Justice of India. At the same time, even without affecting such primacy improvement in working of collegium is a felt necessity as held above. Five-Judge Bench of this Court...investigation. The United States Speedy Trial Act, 1974 provides timelines for steps in justice delivery. Timeline provided in different statutes in India, such as filing of charge-sheets under Se...
...power under Article 222 in consultation with the Chief Justice of India as recited in the order itself. The Judge felt injured and his misgivings were accentuated by the fact tha..., that in the case of a new appointment the President is required by Article 217(1) to consult the Chief Justice of India, the Governor of the State, and in the case of appointment of a ...decision in regard to the appointment and transfer of High Court Judges. A Judge of the High Court can be appointed by the President only after consultation with the Chief Justice of India, the Go...
...and Division Bench decisions, as to the applicable law in India. The cases cited by the Appellants show no difference in opinion at all amongst the Indian High Courts as to the applicable test being...settled position of law, as enunciated by all High Courts of India unanimously, without exception, and applied by a three-Judge Bench of the Hon'ble Supreme Court itself in R.G Anand case...) defines the “government work” which would be a work which is made or published by or under the direction or control of, amongst others, any court, tribunal or other judicial authority in India. By...
...safeguarded by the courts; nonetheless the courts while dispensing justice in cases like the one under the TADA Act, should keep in mind not only the liberty of the accused but also the interest of the...to any citizen, several reorganisation proposals in the field of administration of justice in India have been basically patchwork, ad hoc and unsystematic solutions to the problem. The judge-population.... Secondly, though we are deleting the directions made respectively by two-and three-Judge Benches of this Court in the cases under reference, for reasons which we have already stated, we should not, even for...
...to Members of the Rajya Sabha/Lok Sabha, the Chairman of the Rajya Sabha/Speaker of the Lok Sabha holds a position which is not very different from that held by the Chief Justice of India in relation..., which should be guided by and in accordance with the advice of the Chief Justice of India. Specifically, the majority view was that a public servant could not be prosecuted for the offences specified...by Members of Parliament in India under clause (3) of Article 105. The learned Attorney General has placed reliance on the following observations of Stephen, J. in Bradlaugh v. Gosset...
...right to privacy, vindicates the approach followed by Justice Stewart through his dissenting view in Griswold 1965 SCC OnLine US SC 124, 381 US 479 (1965), lead opinion...person by being alive. The human right to privacy in India is protective under Articles 14, 19 and 21 of the Constitution of India whether the right to privacy is violated in a particular case, de...Lives of Others”.9.2.4. Justice Subba Rao's dissenting opinion in Kharak Singh AIR 1963 SC...
...”), notified on 16-10-2015 (to take effect from 1-1-2016), by the Telecom Regulatory Authority of India. The aforesaid amendment was made purportedly in the exercise of powers conferred by Section 36...in order to appreciate the controversy at hand. Under an Act of ancient vintage, namely, the Telegraph Act, 1885, the Central Government or the Telegraph Authority is the licensing authority by which...grant timely permissions for establishing telecom towers. In this behalf, we have been shown guidelines issued by DoT to the Chief Secretaries dated 1-8-2013. We have also been shown an amendment to the...
...v. Union of India (2006) 8 SCC 1. We do not intend to say anything more in this regard since the matter is being dealt with separately by a three-Judge Bench.37.... There is no such rule much less an absolute one that two years have to be added to the age determined by a doctor. We are supported by a three-Judge Bench decision of this Court in...an opinionated, eye in the light of probabilities with our feet firmly planted on the soil of India and with our eyes focussed on the Indian horizon. We must not be swept off the feet by the approach...