A three-judge bench of the Supreme Court has referred the matter challenging the practice of prescribing minimum marks for viva voce in district judges’ selection after the written examination is over, for the consideration of constitution bench.The bench of Justice Dipak Misra, Justice Amitava Roy and Justice AM Khanwilkar was hearing a reference [Samrjeet Singh case] from a two-judge bench, which referred the matter to the larger bench because of conflicting views.It was in October 2016, that the bench of Justice Shiva Kirti Singh and Justice R Banumathi delivered split verdict in the matter of challenge against prescribing minimum marks for viva voce conducted by the High Court of Manipur for an appointment to the post of district judge (entry level).When the matter came up for hearing before the three-judge bench last week, the lawyers appearing for the parties told the bench a similar matter [Tej Prakash Pathak vs Rajasthan High Court] is pending before a constitution bench. … [Read more...] about Exclusive- Prescribing Minimum Marks For Viva Voce In District Judges’ Selection After Exam: Matter Referred To Constitution Bench
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Supreme Court Monthly Digest- May 2019
By: Ashok Kini 18 Jun 2019 3:39 AM GMT Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed Bhivchandra Shankar More vs. Balu Gangaram More The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by him under Order IX Rule 13 CPC [to set aside ex-parte decree] has been dismissed. Writ Of Habeas Corpus Can Be Issued When The Detention Of A Minor Is By A Person Who Is Not Entitled To His Legal Custody Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari The Supreme Court observed that the writ of habeas corpus is maintainable where it is proved that the detention of a minor child by a parent or others was illegal and without any authority of law. The bench comprising Justice R. Banumathi and Justice R. Subhash Reddy affirmed a Bombay … [Read more...] about Supreme Court Monthly Digest- May 2019
If Bar cooperates Judges are ready to sit on Saturdays to finish old matters ; CJI Thakur
The greatest challenge posed by Judiciary in modern times is ‘crisis of credibility’ remarked Chief Justice of India, Mr T.S. Thakur . He was speaking over at a function organized to commemorate the 150th year celebrations in connection with the establishment of Allahabad High Court.Citing huge pendency of cases as of grave concern, he opined that bar was at sometimes not co operative as it should be, in disposal of cases even if Judge’s were ready. Mr T.S Thakur further assured the bar that if lawyers were ready to co operate , Judges would be obliging to hold sittings even on Saturdays. This he expected would help in finishing back log of cases, including those of under trial prisoners who had been behind the bars for years altogether.Underlining the legacy of the bar of Allahabad High Court, citing stalwarts like Pandit Motilal Nehru, Pandit Jawaharlal Nehru, Tej Bahadur Sapru, Kailash Nath Katju, C.J.I remarked that these legends of … [Read more...] about If Bar cooperates Judges are ready to sit on Saturdays to finish old matters ; CJI Thakur
Allegations Highly Improbable But Ensure No Harm Caused To Jawan: Says Delhi HC On Soldier Complaining Of Rotten Potatoes
Even as it found to be “highly improbable” the allegations of rotten food and infested potatoes raised by a soldier who apprehended threat to his life for raising his voice, the Delhi High court has asked Centre to ensure no harm is caused to him.“Though the contents of the petition look highly improbable, yet since the petitioner has raised an apprehension of threat to his life, the respondents shall ensure that no physical harm is caused to him,” Justice Vinod Goel ordered.He, however, went on to add that ” this direction of providing safety to the petitioner is given so that the petitioner does not have any kind of fear in his mind”.The court noted that the army was looking into his allegations and it was improbable that he would be harassed for highlighting the same on a group started for the very purpose.The court then disposed of the petition moved by an army jawan named Vinay alleging poor quality food being served to them with potatoes … [Read more...] about Allegations Highly Improbable But Ensure No Harm Caused To Jawan: Says Delhi HC On Soldier Complaining Of Rotten Potatoes