SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
Raja Khan Vs. U.PUttar Pradesh Ancient Aryavarta Region (เคเคฐเฅเคฏเคพเคตเคฐเฅเคค) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi . Sunni Central WaqfWaqf It means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. The Waqf Act 1995. Board & ANR
CIVIL APPELLATE JURISDICTIONJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction:ย Jurisdiction of the first court to hear a case.
SPECIAL LEAVE PETITIONSpecial Leave Petition A petition seeking grant of special leave to appeal may be rejected for several reasons. For example, it may be rejected (i) as barred by time, or (ii) being a defective presentation, (iii) the petitioner having no locus standi to file the petition, (iv) the conduct of the petitioner disentitling him to any indulgence by the Court, (iv) the question raised by the petitioner for consideration by this Court being not fit for consideration or deserving being dealt with by the Apex Court of the country and so on.(CIVIL) NO. 31797 of 2010
DATE: 26/11/2010
O R D E R
Heard learned counsel for the petitioner. “Something is rotten in the State of DenmarkDenmark In 1848, absolute monarchy was abolished, and Denmark obtained its first Constitution and its first Government. Read More”, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as โMr/Mrs/Ms Justice surnameโ and are given the prefix โThe Honourableโ. They are assigned to the Kingโs Bench Division, the Family Division, or the Chancery Division. The Kingโs Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission., as this case illustrates. This petitionPetition ฮฑฮฝฮฑฯฮฟฯฮฌ > ฯฮฑฯฮฑฮบฮฑฮปฯ (Prayer) has been filed against the impugned judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).ย Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary โ Portal > Denning: โJudges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literatureโฆ.โ Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No. 973 of 2010.By that judgment the ex-parte interim orders of the Single Judge of the High Court dated 11.6.2010 and 18.6.2010 passed in Writ Petition No. 34595/2010 have been set aside. :
1. The brief facts of the case are that there is a Dargah known as `Dargah Hazrat Syed Salar Masood Ghazi R.A.’ in districtDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. Ambedkar Konaseema Dumka Dungarpur Durg East East Garo Hills East Godavari East Jaintia Hills East Kameng East Khasi Hills East Siang East Singhbum Eastern West Khasi Hills Eluru Ernakulam Erode Etah Etawah Faridabad Faridkot Farrukhabad Fatehabad Fatehgarh Sahib Fatehpur Fazilka Ferozepur Firozabad Gadag Gadchiroli Gajapati Ganderbal Gandhinagar Ganganagar Gangtok Ganjam Garhwa Gariyaband Gaurela-Pendra-Marwahi Gautam Buddha Nagar Gaya Ghaziabad Ghazipur Gir Somnath Giridih Goalpara Godda Golaghat Gomati Gonda Gondia Gopalganj Gorakhpur Gumla Guna Guntur Gurdaspur Gurugram Gwalior Gyalshing Hailakandi Hamirpur Hamirpur Hanumakonda Hanumangarh Hapur Harda Hardoi Haridwar Hassan Hathras Haveri Hazaribagh Hingoli Hisar Hnahthial Hojai Hooghly Hoshiarpur Howrah Hyderabad Idukki Imphal East Imphal West Indore Jabalpur Jagatsinghapur Jagitial Jaipur Jaisalmer Jajapur Jalandhar Jalaun Jalgaon Jalna Jalore Jalpaiguri Jammu Jamnagar Jamtara Jamui Jangoan Janjgir-Champa Jashpur Jaunpur Jayashankar Bhupalapally Jehanabad Jhabua Jhajjar Jhalawar Jhansi Jhargram Jharsuguda Jhunjhunu Jind Jiribam Jodhpur Jogulamba Gadwal Jorhat Junagadh Kabeerdham Kachchh Kaimur (Bhabua) Kaithal Kakching Kakinada Kalaburagi Kalahandi Kalimpong Kallakurichi Kamareddy Kamjong Kamle Kamrup Kamrup Metro Kancheepuram Kandhamal Kangpokpi Kangra Kannauj Kanniyakumari Kannur Kanpur Dehat Kanpur Nagar Kapurthala Karaikal Karauli Karbi Anglong Kargil Karimganj Karimnagar Karnal Karur Kasaragod Kasganj Kathua Daman Damoh Dangs Darbhanga Darjeeling Darrang Datia Dausa Davanagere Deeg Dehradun Deogarh Deoghar Deoria Devbhumi Dwarka Dewas Dhalai Dhamtari Dhanbad Dhar Dharashiv Dharmapuri Dharwad Dhemaji Katihar Katni Kaushambi Kendrapara Kendujhar Keyi Panyor Khagaria Khairagarh-Chhuikhadan-Gandai Khairthal-Tijara Khammam Khandwa (East Nimar) Khargone (West Nimar) Khawzawl Kheda Kheri Khordha Khowai Khunti Kinnaur Kiphire Kishanganj Kishtwar Kodagu Koderma Kohima Kokrajhar Kolar Kolasib Kolhapur Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy Bahraich, U.P. which is managed by the Committee of Management of Waqf no.19. The petitioner claims to be the proprietor of circuses e.g. Great Gemini Circus, Apollo Circus, Raj Mahal Circus and Asiad Circus, and also runs a Jhoola (cradle) for entertaining the public at large. The petitioner does touring and runs the aforesaid circuses and jhoola in` Melas’ and other places of public gathering. In the aforesaid dargah a Mela is held in the month of Jeth, known as `Jeth Mela’, Bahraich for a period of 40 days. It is alleged by the petitioner that in the past several years the Waqf has been allotting plot nos.1760 to 1770 and 1826 to 1834 belonging to it on leaseLeasehold The leaseholder has no right or interest in the land, he pays rent to the landlord for using the flat or house. A lease is an agreement between the freeholder and the tenant. Commonhold is a form of ownership (or tenure) for multi-occupancy developments (flats of a building). Each unit-holder owns the freehold of their flat, and a commonhold or residentsโ association owns and manages the common parts of the property. to the petitioner for holding the Jeth Mela. However, in 2010 the Waqf refused to allot the said land for Jeth Mela to the petitioner. Hence the petitioner twice filed writ petitions in the Lucknow Bench of the Allahabad High Court which were dismissed. It may be mentioned that Bahraich is a district in erstwhile Avadh, which is under the jurisdiction of the Lucknow Bench of the High Court. :
2. The petitioner then filed a suit in district Hamirpur being Suit no.54/70/10 of 2010 and when an objection was raised about territorial jurisdiction he filed the writ petition being Writ Petition no.34595 of 2010 in the Allahabad Bench of the High Court on which the ex-parte-interim orders dated 11.6.2010 and 18.6.2010 were passed by the Single Judge of the Allahabad Bench of the High Court. The order of the single Judge dated 11.6.2010 reads as follows : “Issue notice to respondent Nos. 2, 3 and 4. The said respondents are directed to file counter affidavitAffidavit Anย ex parteย statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. within 6 weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter. The grievance of the petitioner is that for the last several years the petitioner is allotted land for installing Circus, Jhoola, Merry go round, swing for amusement area for the children and visitors of Mela in the premises of Dargah Sharif during the annual Urs in the month of Jeth (May and June). Accordingly the respondent Nos. 2, 3 and 4 are directed to allot land in the Mela at waqf No. 19, Dargah Sharif, Bahraich over Plot Nos. 1760 to 1770 and 1826 to 1884, details of which have been given in the writ petition, to the petitioner for the purpose of running Circus, Jhoola, Merry go round swing etc. If the petitioner pays required rent lease, the possession of the allocated land shall be handed over the petitioner within 3 days. Order Date:- 11.06.2010”. :
3. The order dated 18.6.2010 reads as follows :
“Heard learned counsel for the petitioner and the learned standing counsel. Learned counsel for the petitioner has raised the grievance that despite earlier order of this Court dated 11.6.2010, the petitioner has not been allotted land in the Mela area. The very purpose of filing the writ petition would be frustrated if the petitioner is not allotted the land for running circus/Jhula in the Meal area. The District Magistrate and the Superintendent of Police, Bahraich are directed to pass appropriate order in compliance of the order of this court dated 11.6.2010, since the petitioner has not been allotted land in the Mela area. The very purpose of filing the writ petition would be frustrated if the petitioner is not allotted the land for running circus/Jhula in the Mela area. The District Magistrate and the superintendent of Police, Bahraich are directed to pass appropriate order in compliance of the order of this court dated 11.6.2010 and allot appropriate plot to the petitioner and file affidavit of compliance. Put up this case on 16.7.2010 before appropriate bench for hearing. The concerned officers or any other senior officer authorized by them shall file affidavit of compliance by 28.6.2010. Order Date:- 18.6.2010”. The above orders are shocking to say the least. We are of the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The courtโs ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that the above two ex-parte interim orders of the Single Judge of the Allahabad High Court were clearly passed on extraneous considerations.
4. This is for the following reasons : (1)The property in question is in the district of Bahraich which is within the territorial jurisdiction of the Lucknow Bench of the Allahabad High Court. Hence, the writ petition could not have been validly filed or entertained in the Allahabad Bench of the High Court in view of the decision of this court in Nasiruddin vs. State Transport Appellate Tribunal AIRAIR All India Reporter 1976 SC 331.(2)The writ petition was not maintainable because ordinarily no writ petition lies against a private body.(3)By the ex-parte order dated 11.6.2010 the writ petition has been practically allowed since by that ex-parte order the respondents 2, 3, & 4 (U.P. Sunni Central Waqf Board District Magistrate, Bahraich and Committee of Management, Waqf No. 19, Dargah Sharif, Bahraich) have been directed to allot the land in the Mela of the aforesaid Waqf at plot Nos. 1760 to 1770 and 1826 to 1884 to the petitioner for the purpose of running circus, Jhoola, Merry-go-round etc. and possession of the allocated land was directed to be handed over within three days. Subsequently, on 18.6.2010,the same single Judge has passed an order directing the district Magistrate and SP, Bahraich to take appropriate action for compliance of the earlier order. It is well settled that by an interim orderInterim order Once an interim order is passed in a suit or a proceeding, the interim relief granted to the party seeking interim relief could either be confirmed or vacated at the time of final disposal of the suit or proceedings, as the case may be. If the disposal is by way of an order of dismissal, interim relief which is granted as an aid of or ancillary to the final relief cannot continue beyond termination of such suit or proceedings. This is the position of law flowing from the decision in State of Orissa v. Madan Gopal Rungta ( [1952] 1 SCR 28 : (1951) SCC 1024) the final relief should not be granted, vide U.P. Junior Doctors Action Committee vs. Dr. B. Sheetal Nandwani, AIR 1992 SC 671 (para 8), State of U.P. vs. RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra.ย His rule impacted for 10000 years. Ramrajya means good administration. Sukhi Devi, JT2004(8) SC 264 (para6), etc.(4)
5. The petitioner had earlier filed a writ petition being writ petition No. 4720(M/B) of 2010 before the Lucknow Bench of the High Court which was dismissed on 19.5.2010 with liberty to approach the district Magistrate by making a representation. The petitioner made a representation which was decided by the District Magistrate on 21.5.2010 with the direction to the Committee of Management of the Waqf to reconsider the petitioner’s claimA Claim A claim is โfactually unsustainableโ where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. for allotment of land. The petitioner then applied to the Committee of the Management for grant of a lease and simultaneously filed another writ petition being writ petition No. 5245(M/B) of 2010 before the Lucknow Bench challenging the order of the District Magistrate.
6. This writ petition was dismissed on 28.5.2010 by the following order of the Division Bench of the Lucknow Bench of the Allahabad High Court : “Court No. -Case:- MISC. BENCH No. – 5245 of 2010 Petitioner :- Raza Khan S/O Fateh Khan Respondent :- District Magistrate / Additional Waqf Commissioner, Bahraich Petitioner Counsel:- M. A. Khan Respondent Counsel:- C. S. C., M. Sayeed, U.K. Srivastava Hon’ble Pradeep Kant, J. Hon’ble Ritu Raj Awasthi, J. After hearing the argumentArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: โbecauseโ, โsinceโ, โforโ, and โasโ; typical conclusion indicators include โthereforeโ, โthusโ, โhenceโ, and โsoโ. เคชเคเค เค เคตเคฏเคต เคคเคฐเฅเคเค เคชเฅเคฐเคคเคฟเคเฅเคเคพ เคนเฅเคคเฅ เคเคฆเคพเคนเคฐเคฃเคฎเฅ เคจเคฟเคเคฎเคจเคฎเฅ เค เคตเคฏเคตเคพเค > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. at length, we are satisfied that this second writ petition for the same relief is not maintainable, as earlier, the writ petition filed by the petitioners for the same relief, has been dismissed as withdrawn vide order dated 19.5.2010. Sri Umesh Kumar Srivastava appearing for the Committee says that in pursuance of the directives issued by the District Magistrate in his order dated 21.05.2010, a fresh decision has already been taken and it has been sent to the petitioner through registered post. Mohd. Arif Khan, learned Senior Advocate, appearing for the petitioner says that no such decision has yet been communicated. Copy of the said decision has been handed over to Sri Mohd. Arif Khan. When this Court has refused to entertain the writ petition filed earlier for the same relief and though liberty to the petitioner to approach the District Magistrate or any other forum, as may be provided under lawLaw ฮฝฯฮผฮฟฯ:ย Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article being even, it does not mean that the second writ petition seeking same relief will be maintainable after the orders passed by the authority concerned, but it would be open to the parties to seek their remedy, elsewhere, as may be provided under law. :
7. The dispute like this nature, since cannot be adjudicated in writ jurisdiction, we did not entertain the earlier petition and for the same reason, the present petition is also not maintainable. Mohd. Arif Khan, lastly submitted that a direction be issued to the Chairman for deciding the application moved under Section 70 of the Act. In response, Sri Umesh Kumar Srivastava, argued that Section 70 is not attracted in the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called โbosonsโ. The strong force is carried by the โgluonโ, electromagnetic force is carried by the โphoton.โ, nor such an application is entertainable. We do not intend to enter into this controversy, and leave it open to the petitioner, to pursue his application with the above observation, the writ petition is dismissed. Order Date: 28.5.2010″ The petitioner then filed a Civil Suit being Suit No.54/70/10 of 2010 titled `Raza Khan vs. Managing Committee, Waqf No. 19, Waqf Dargah etc. before the Civil Judge(Senior Division), Hamirpur. It may be mentioned that Hamirpur lies within the territorial jurisdiction of the Allahabad Bench of the High Court and not the Lucknow bench, whereas the property in question is situate at Bahraich which is under the jurisdiction of the Lucknow Bench. On the suit being presented, the Munsarim made are port that the suit was not cognizable at Hamirpur for lack of territorial jurisdiction. The petitioner took timeTime ฯฯฯฮฝฮฟฯ. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-โquantum entanglementโ) เคฏเคฎเค , เคชเฅเค, (เคฏเคฎเคฏเคคเคฟ เคจเคฟเคฏเคฎเคฏเคคเคฟ เคเฅเคตเคพเคจเคพเค เคซเคฒเคพเคซเคฒเคฎเคฟเคคเคฟ เฅค เคฏเคฎเฅ + เค เคเฅ เฅค เคตเคฟเคถเฅเคตเฅ เค เคเคฒเคฏเคคเฅเคฏเฅเคต เคฏเค เคธเคฐเฅเคตเฅเคตเคพเคฏเฅเคถเฅเค เคธเคจเฅเคคเคคเคฎเฅ เฅค เค เคคเฅเคต เคฆเฅเคฐเฅเคจเคฟเคตเคพเคฐเฅเคฏเฅเคฏเคเฅเค เคคเค เคเคพเคฒเค เคชเฅเคฐเคฃเคฎเคพเคฎเฅเคฏเคนเคฎเฅ เฅฅเคฏเคฎเฅเคถเฅเค เคจเคฟเคฏเคฎเฅเคถเฅเคเฅเคต เคฏเค เคเคฐเฅเคคเฅเคฏเคพเคคเฅเคฎเคธเคเคฏเคฎเคฎเฅ เฅค เคธ เคเคพเคฆเฅเคทเฅเคเฅเคตเคพ เคคเฅ เคฎเคพเค เคฏเคพเคคเคฟ เคชเคฐเค เคฌเฅเคฐเคนเฅเคฎ เคธเคจเคพเคคเคจเคฎเฅ เฅฅ to file a reply/objection against the said report. Instead of filing a reply, he filed a writ petition in the Allahabad bench of the High Court being writ petition No.34595 of 2010 on which the orders dated 11.6.2010 and 18.6.2010 have been passed. In our opinion, the Division Bench of the High Court has rightly set aside the interim orders of the Single Judge dated 11.6.2010 and 18.6.2010 as these interim orders were clearly passed on extraneous considerations. The faithFaith ย ฯฮฏฯฯฮตฮน. of the common man in the country is shaken to the core by such shocking and outrageous orders such as the kind which have been passed by the Single Judge. We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity. Some Judges have their kith and in practicing in the same Court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of Judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer.
8. We do not mean to say that all lawyers who have close relations as Judges of the High Court are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship. There are other serious complaints also against some Judges of the High Court. The Allahabad High Court really needs some housecleaning (both Allahabad and Lucknow Bench), and we request Hon’ble the Chief JusticeJustice ฮดฮนฮบฮฑฮนฮฟฯฯฮฝฮท > judicature ( ฮดฮนฮบฮฑฮนฮฟฯฯฮฝฮท) > judge (ฮดฮนฮบฮฑฯฯฮฎฯ / ฮบฯฮนฯฮฎฯ). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ฮตฯ ฯฯ ฯฮฏฮฑ) of the High Court to do the needful, even if he has to take some strong measures including recommending transfers of the incorrigibles. We entirely agree with the view taken by the Learned Division Bench in the impugned judgment. In view of the foregoing, we find no merit in this petition which is accordingly dismissed.
Let a copy of this order be sent to the Registrar Generals/Registrars of all High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as โMr/Mrs/Ms Justice surnameโ and are given the prefix โThe Honourableโ. They are assigned to the Kingโs Bench Division, the Family Division, or the Chancery Division. The Kingโs Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. for being placed before Hon’ble the Chief Justice of the respective High Courts.
J. (Markandey Katju)
J. (Gyan Sudha Misra)
New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection ofย Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.;
26 November, 2010.
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