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Day: November 18, 2021

Memorandum of procedure of appointment of High Court Judges

advtanmoy 18/11/2021

In case of initial appointment of a Chief Justice of a High Court, the provisions of Article 217 will have to be followed. In the case of Jammu & Kashmir High Court, appointment of Chief Justice shall be made in accordance with section 95 of the Constitution of Jammu & Kashmir. Transfer of Chief Justice from one High Court to another will be governed by the provision of Article 222. Transfer of a Chief Justice to and from Jammu & Kashmir High Court shall be made in accordance with clause (1) of Article 222 of the Constitution of India read with Article 222(1A) of the Constitution (Application to Jammu & Kashmir) Order, 1954.

Shri Lamboklang Mylliemngap Vs. Deputy Commissioner/Collector

advtanmoy 18/11/2021

of the Land Acquisition Act, 1894 – Section 21and 23 of the the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Still further, the
Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 are self-contained code within the framework of its limited
purpose of acquisition of land. It provides for complete mechanism for acquisition of land including the
process of execution, payment of compensation as well as legal remedies in case of any grievances.

Shri Arjun Sohpdang & Anr. Vs. Smt. Philet Rynjah

advtanmoy 18/11/2021

the trial court instead of dismissing
the suit on 07.08.2018 had passed the impugned order which is contrary to the statutory provision
contained in Order IX Rule 8 CPC. Consequently, this revision petition is allowed and the impugned
order is set aside with the clarification that under the circumstances the suit shall be deemed to have
been dismissed on 07.08.2018 in terms of Order IX Rule 8 CPC as the respondent-plaintiff had failed to
put in appearance on the said date

Shri Jimmy Sympli Vs. State of Meghalaya

advtanmoy 18/11/2021

the petitioner has not filed any application under Section 451
CrPC for release of vehicle on Zimma. The revision petition is disposed of by permitting the petitioner to
approach the trial Magistrate for release of vehicle under Section 451 CrPC, who shall pass appropriate
order thereon keeping in view the legal proposition noticed hereinbefore in accordance with law.

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

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