The Nazim was an absolute sovereign regarding all domestic matters at that time and his word was law. It does not matter whether this be called legislation or an executive act or a judicial determination because three is in fact no clear cut dividing line between the various functions of an absolute ruler whose will is law. Whatever he proclaimed […]
The principles upon which the superior courts in England interfere by issuing writs of ‘certiorari’ are fairly well known and they have generally formed the basis of decisions in our Indian courts. It is true that there is lack of uniformity even in the pronouncements of English Judges, with regard to the grounds upon which a writ, or as it […]
Section 79 (b) of Representation of the People Act, 1951 defines a ‘candidate’ as meaning “a person who has been or claims to have been nominated as a candidate at any election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out […]
The Privy Council constructed to mean that any application by a party to the Appellate Court to set aside or revise a decree or order of a Court subordinate thereto is an ‘appeal’ within the meaning of the above provision, even though it is irregular or incompetent, or the persons affected by the application to execute were not parties., or […]
The expression “public purpose” is not capable of a precise definition and has not a rigid meaning. It can only be defined by a process of judicial inclusion and exclusion. In other words, the definition of the expression is elastic and takes its colour from the statute in which it occurs, the concept varying with the time and state of […]
We are informed that besides the Madras High Court, seven other State High Courts have held that they have no jurisdiction under Art. 226 of the Constitution to entertain petitions regarding improper rejection of nomination papers. This view is in my opinion correct and must be affirmed.
ELECTION IN DEMOCRATIC COUNTRY The word has by long usage in connection with the process of selection of proper representatives in democratic institutions, acquired both a wide and a narrow meaning. In the narrow sense, it is used to mean the final selection of a candidate which may embrace the result of the poll when there is polling or a […]
Notwithstanding anything in article 32 , every High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari , or any of them,for the enforcement of any of the rights conferred by Part III and for any other purpose.
The High Court, being the sole authority to decide the question of appointment of a Munsif to the higher rank of a Subordinate Judge, had exercised its power, after fully considering the plaintiff’s case for promotion, to pass him over for a year. His case was later considered and he was promoted to the higher rank of a Subordinate Judge and subsequently to the still higher rank of an Additional District and Sessions Judge.
Subordinate judicial service The test of control is not the passing of an order against a member of the subordinate judicial service, but the decision to take such action. It may be that so far as the members of the subordinate judicial service are concerned, it is the Governor, who being the appointing authority, has to pass an order of […]