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Judgment Search Results Home > Cases Phrase: judge appointment constitution of india Page 1 of about 110,508 results (0.159 seconds)

Sep 24 2001 (HC)

N.Y. Gupte and anr. Vs. High Court of Judicature at Bombay and ors.

Court : Mumbai

Reported in : 2002(3)BomCR707

..... that judgment. in that matter, one of the issues involved was with respect to the validity of the order issued by the governor of assam under article 233 of the constitution of india appointing an additional district judge. the judge concerned belonged to the subordinate judicial service and it was submitted that the promotion to the post of additional district ..... clear therefore that the provision of section 7 of the bombay city civil court act is in derogation to the requirements under article 233 of the constitution, which is the sole provision for the appointment of district judges. what the governor has done is that while framing rules under article 234 for the subordinate judiciary, has framed comprehensive rules in consultation with the ..... h.l. gokhale, j.1. this petition under article 226 of the constitution of india is concerning the appointment to the post of principal judge, city civil & sessions court, mumbai. the petition seeks to challenge the high court's order appointing a district judge to that post by transfer. it is stated to be in breach of a provision of the bombay city civil court act, 1948 ..... that the appropriate authority to make appointment of district judges from the cadre of the subordinate judges of the state is the governor and not the high court.20. thereafter with respect to article 309, he referred to and relied upon the judgment of a constitution bench of the apex court in b.s. vadera v. union of india, reported in : (1970)illj499sc and emphasised .....

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Oct 06 1993 (SC)

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... ) and 129 respectively whereby the judge concerned bears true faith and allegiance only to the constitution of india and not to the appointing authority (vide special reference no. 1 of 1964 : 1965 (1) scr 413a-b).(b) the tenure of office that the appointee holds, is fixed by the constitution itself stating that the judge appointed shall hold office until he attains ..... obvious incident of this tenure. this applies equally to all judges appointed after the adoption of the transfer policy, irrespective of whether they gave an undertaking to go on transfer or not.63. the constituent assembly debates indicate that the high court judges were intended to constitute and all india cadre. this position cannot now be doubted after adoption of ..... the provisions regarding collective consultation was enacted under articles 124(2) and 217(1) of the constitution of india relating to the appointment of judges to the supreme court and the high courts. after about a decade of the functioning of the constitution of india the provisions regarding judiciary came before the parliament in the course of the debates on the ..... with the aid of established conventions operating in this field of constitutional - functioning.457. prior to coming into force of the constitution of india the appointments of federal court judges and judges of the high courts were made under sections 200 and 220, respectively, of the government of india act, 1935. the appointments were in the absolute discretion of the crown. in other .....

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Sep 28 2012 (HC)

S.Kasiramalingam Vs. the Chief Secretary, Government of Tamil Nadu and ...

Court : Chennai

..... advocate-general. it is not the case of the petitioner that mr. nathu lal jain does not possess the qualifications prescribed under article 217 of the constitution of india for appointment of a judge of a high court. in this view of the matter, this contention of mr. jagdeep dhankar has no substance." the said decision of the rajasthan high court has also received ..... mr. nathu lal jain to the office of the advocate-general is bad or illegal under article 165 of the constitution of india, as he was not qualified to be appointed a judge of the high court after attaining the age of 62 years. the above contention is devoid of force, because all that the first clause of article 165 lays down is ..... to explanation (aa) appended to article 217(2)(b). 48. commenting on explanation ii, h.m. seervai in constitutional law of india, 1st edn., p. 1012, has this to say: the qualification for appointment as a judge of the supreme court is the holding of a judge's office for at least five years in a high court or in two or more high courts ..... ) 8 scc 273, wherein it has been held:- "48. commenting on explanation ii, h.m.seervai in constitutional law of india, 1st edn., p. 1012, has this to say: "the qualification for appointment as a judge of the supreme court is the holding of a judge's office for at least five years in a high court or in two or more high courts in .....

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Feb 21 1966 (HC)

Chandra Mohan (Second Temporary Civil and Sessions Judge) Vs. State of ...

Court : Allahabad

Reported in : (1966)IILLJ832All

..... little assistance in understanding the true scope of article 233.9. as already mentioned, article 233 of the constitution of india provides for appointment of district judges. article 233 state:(1) appointments of persons to be, and the posting and promotion of, district judges in any state shall be made by the governor of the state in consultation wits the high court exercising ..... is, to the uttar pradesh higher judicial service ?(2) can a magistrate already in the service of the union or of the state be appointed a district judge under article 233(1) of the constitution of india, even though no notification under article 237 has been published by the governor with regard to the class of magistrates to which that magistrate belongs ..... 233, a legal practitioner with a standing of seven years can be directly appointed a district judge. a legal practitioner before such appointment is obviously not a member of a judicial service. so, the word ' exclusively ' appearing in clause (b) of article 236 of the constitution of india cannot have the effect of confining recruitment to persons, who are already members of ..... jj.25. we were in disagreement on two points which were referred to a third judge. he has expressed the opinion that judicial magistrate could be appointed to the uttar pradesh higher judicial service even though no notification under article 237 of the constitution of india bad been published by the governor, consequently, the respondents other than sri om prakash jauhari .....

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Sep 01 2003 (SC)

Justice P. Venugopal Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3887; JT2003(Suppl1)SC505; 2003(7)SCALE197; (2003)7SCC726; 2004(1)LC332(SC)

..... 31.12.1988. 9. article 217(1) of the constitution of india provides for appointment of a judge of the high court. the age of superannuation for a judge of the high court ins 62 years. constitution of india in terms of article 224a provides for appointment of an ad hoc judge in the following terms: '22a. appointment of retired judges at sittings of high courts - notwithstanding anything in this ..... arise inasmuch a person is not entitled to any further pensionary benefits after he demits the constitutional office which he holds in terms of article 217 of the constitution. the claim of the petitioner that the period during which he was appointed as an ad hoc judge should also be considered for the purpose of computing his pensionary benefits is, thus, without ..... functions will count as 'actual service' within the meaning of paragraph 11(b)(i) of part 'd' of the second schedule to the constitution of india read with section 2(1)(c)(i) of the high court judges (conditions of service) act, 1954. shri justice venugopal will not be entitled to any extra remuneration for the above work except travelling allowances ..... chapter, the chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of judge .....

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Apr 26 2006 (HC)

Cadila Healthcare Limited Vs. LupIn Laboratories Ltd. and anr.

Court : Gujarat

Reported in : (2006)3GLR2168; 2006(33)PTC68(Guj)

..... to district court having jurisdiction to try the suit. the said section will have to be read in position of constitutional provisions particularly article 233 of the constitution of india provides for appointment of district judges. article 234 provides recruitment of persons other than district judges to the judicial service.11. in light of this, if one go through the notification issued by the state government ..... this behalf.6.1 the learned advocate has also invited my attention to the provisions of constitution of india, particularly, article 233 which provides for appointment of district judges which reads as under:art. 233 appointment of district judges:1. appointment of persons to be, and the posting and promotion of, district judges in any state shall be made by the governor of the state in consultation with ..... in connection with the appointment of fast track court judges, it provides that in exercise of the powers conferred by the proviso to article 309 read with articles 233, 234 and 235 of the constitution of india and notwithstanding anything contained in the gujarat judicial service recruitment rules, 1961, and the rules .....

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Jan 12 1983 (HC)

Dr. Chandra Bhan Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1983Raj149; 1983()WLN101

..... advocate-general. it is not the case of the petitioner that mr. nathu lal jain does not possess the qualifications prescribed under article 217 of the constitution of india for appointment of a judge of a high court. in this view of the matter, this contention of mr. jagdeep .dhankar has no substance.13. the result of the above discussion is that the writ ..... mr. nathu lal jain to the office of the advocate-general is bad or illegal under article 165 of the constitution of india, as he was not qualified to be appointed a judge of the high court after attaining the age of 62 years. the above contention is devoid of force, because all that the first clause of article 165 lays down is ..... he was debarred under clause (d) of article 319 of the constitution for any other employment either under the government of india or under the state of rajasthan, as provided in that article, and because he was not qualified to be appointed a judge of a high court on the date of his appointment as advocate general for the state of rajasthan. the writ petition ..... either under the government of india or under government of a state.' it was further alleged in the writ-petition that shri nathu lal jain was not qualified for appointment as advocate general on account of being not eligible or qualified to be appointed a judge of a high court, as required by clause (1) of article 165 of the constitution. according to the petitioner .....

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Jul 04 2011 (SC)

The Secretary, Sh. A. P. D.JaIn Pathshala and ors. Vs. Shivaji Bhagwat ...

Court : Supreme Court of India

..... 2007 amendment to the act. re: question (i) 12. chapter vi of the constitution of india deals with sub-ordinate courts. article 233 of the constitution of india relates to appointment of district judges. article 234 relates to recruitment of persons other than district judges to the judicial service and provides that appointment of persons to the judicial service of a state (other than district ..... judges) shall be made by the governor of the state in accordance with the rules made ..... an opportunity to the concerned parties to file their replies so as to avoid prolonged procedure of oral hearing. all complaints in respect of appointment, termination etc. shall be dealt with only by the committee constituted above and by no other authority. as the scheme is being implemented on interim basis we direct that no civil court shall entertain ..... tribunal, if it does not have all the trappings of a court. in union of india v. madras bar association [2010(11)scc1], a constitution bench of this court held: the term `courts' refers to places where justice is administered or refers to judges who exercise judicial functions. courts are established by the state for administration of justice that is .....

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Jan 21 2013 (SC)

Deepak Aggarwal Vs. Keshav Kaushik and ors.

Court : Supreme Court of India

..... that some of the candidates did not have requisite experience.6. article 233 of the constitution of india provides for appointment of district judges. it reads as follows: 233. appointment of district judges. (1) appointments of persons to be, and the posting and promotion of, district judges in any state shall be made by the governot of the state in consultation with the ..... whether the petitioners, who were working as either assistant public prosecutors or senior assistant public prosecutors or public prosecutors, were eligible to be considered for appointment as district judges under article 233(2) of the constitution and rule 2 of karnataka judicial services (recruitment) rules, 1983 (for short, karnataka recruitment rules ). the division bench of the high court ..... general terms similar to those contained in art. 233 (1) of the constitution, the said rules did not empower him to appoint to the reserved post of district judge a person belonging to a service other than the judicial service. till india attained independence, the position was that district judges were appointed by the governot from three sources, namely, (i) the indian civil ..... on behalf of the respondents in the appeal by dinesh kumar mittal, it was submitted that article 233(2) of the constitution lays down three essentials for appointment of a person to the post of district judge and all of them are mandatorily required to be fulfilled and are to be read simultaneously. it was submitted that independence of .....

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Jun 07 2013 (HC)

Prabhunathvasire Vs. the Union of India and Oth

Court : Andhra Pradesh

..... maintained distinction between the 'eligibility', on the one hand, and 'suitability', on the other hand, of an individual to be considered for appointment of a judge of high court. clause (2) of article 217 of the constitution of india deals with the 'eligibility', whereas clause (1) thereof pertains to the 'suitability'. it was held that the aspect of 'eligibility' of an ..... the 5th respondent in each of the writ petitions (for short, 'the incumbents') by respondents 2 to 4 for appointment as judges of high court, is illegal, arbitrary and violative of articles 14 and 217 of the constitution of india and for consequential order to set aside the selection and recommendation. the ground pleaded by the petitioner for claiming the relief ..... be appointed by the president by warrant under his ..... the dispensation, that preceded the constitution of india, utmost protection was given to the office of the judges of the supreme court (federal court) and the high courts. article 217 of the constitution of india, which provides for appointment of judges of high court reads: ".217. appointment and conditions of the office of a judge of a high court (1) every judge of a high court shall .....

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