The Questions in the examinations shall be answered only in English ( except translation test). In the selection process (Screening test, Written Examination and Viva-Voce), the proficiency and knowledge of applicants will be tested […]
In this view of the matter the alleged impropriety in the private letters written by the respondent-Judge to the President has not been found by us to be serious or grave enough to constitute misconduct sufficient for his removal from the exalted office of a Judge of the Supreme Court of Pakistan.
The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. Once the Magistrate has exercised his discretion it is not for the High Court or even the Supreme Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused. These considerations are totally foreign to the scope and ambit of an inquiry u/s 202 which culminates into an order u/s 204.
The remedy under Article 226 is extraordinary and is of Anglo-Saxon vintage but it is not a carbon copy of English processes.
To appreciate the legal position we only wish to refer to two of the decisions of this Court reported in Dwarakanath v. Income Tax Officer 1965 (2) SCJ 296 and Gujarat Steel […]
A mutt in Hindu Law is a judicial person capable of holding and vindicating legal rights, through the medium of human agency: SC
The property belonging to a math is in fact attached to the office of the mahant, and passed by inheritance to no one who does not fill the office. The head of […]
Scope of Judicial Review: (i) It is settled legal proposition that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. The only consideration the […]
Griffith, C. J., in an Australian case, namely, Huddart Parker and Co. v. Moorehead which to some extent neutralised the effect of the negative tests enumerated in the judgment. The observations of […]
In a matter of appointment selection by an Expert Committee/Board consisting of qualified persons of their particular field, the courts should always be slow to interfere with the opinions expressed by the […]
SUPREME COURT OF INDIA DIVISION BENCH ( Before : P. K. Goswami, J; P. Jaganmohan Reddy, J ) COMMISSIONER OF WEALTH TAX, U.P. AND ANOTHER — Appellant Vs. KUNDAN LAL BEHARI LAL […]
Supreme Court in C. Ravichandran Iyer Vs. Justice A.M. Bhattacharjee and Others, : 21. Judicial office is essentially a public trust. Society is, therefore, entitled to expect that a Judge must be […]
Under the Constitution of Pakistan
The expression ‘judicially separated’ consists of two expressions i.e., “separated” and the others “judicially”. Separation may bepermanent by complete breaking of the ties or it may be provisional or temporary that is […]
Non-availability of express provision Civil courts can pass necessary orders for ends of justice, or to prevent abuse of process of Court
Manohar Lal Chopra Versus Rai Bahadur Rao Raja Seth Hiralal-Inherent jurisdiction of the court to make orders ex debito justitiae is undoubtedly affirmed by S. 151 of the Code, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive.
I. JUDICIAL BIAS There may be a case where allegations may be made against a Judge of having bias/prejudice at any stage of the proceedings or after the proceedings are over. There […]
It is said that one of the best definitions of a Judicial act, as distinguished from an administrative act is that given by May C.J. in the Irish case or Reg. vs. […]