Annual confidential report -- Adverse remarks - Expunction of - Petitioner, member of the higher judicial service - Remarks were finally recorded by the chief justice and approved by the accepting authority and communicated to petitioner - Different reporting and reviewing authorities repeatedly assessed the petitioner's performance as below average - It cannot be said..........
Annual confidential reports -- Adverse remarks - Case law discussed - Principles deduced from various judicial pronouncements summarised...........
Administrative Tribunals Act, 1985, Section 5(6) -- Jurisdiction of Tribunal - Single member bench - Judicial or Administrative Member of the Tribunal sitting as single bench not authorised to dispose of the cases pertaining to imposition of major penalty against delinquent official - Impugned order passed by the Administrative Member of the Tribunal affirming the order of..........
Constitution of India, 1950, Article 227 -- High Court - judicial superintendence - Power to be exercised sparingly - Said power is not meant to circumvent statutory law or to correct errors of Subordinate Courts and Tribunals...........
Words and Phrases -- `Discretion' - Cannot be arbitrary but must be a result of judicial thinking - The word in itself implies vigilant circumspection and care - Therefore, where the legislature concedes discretion it also imposes a heavy responsibility...........
Limitation -- Suit filed on the last day of limitation, after Court hours, at the residence of Presiding Officer at 9.00 p.m. - Circular issued by High Court that Judicial Officers can entertain the suit even on a Court holiday or beyond the office hours at their residence - Held, suit is filed within limitation. (Civil Procedure Code, 1908, O.4.R.1)...........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Suit instituted after office hours or on a holiday at the residence of Presiding Officer - No Judicial Officer would refuse to exercise his discretion in a case of urgency justifying the grant of appropriate relief in the form of injunction or stay order in appropriate case...........
Evidence Act, 1872, Section 90 -- Document 30 years old - No presumption of truth of the contents of the document can be drawn even if document is 30 years old - Only due execution and attestation can be presumed if it comes from proper custody - Factum of proper custody is not a matter of presumption but ought to be satisfactorily proved either by adducing evidence..........
Indian Penal Code, 1860, Section 302 -- High Court altered conviction u/s 304 Part II IPC and imposed sentence for period already undergone without even noticing what was period already undergone - Discretion in matter of sentence is not whimsical and is controlled by law and by judicial discretion...........
Contempt of Courts Act, 1971, Section 10, 12 -- Contempt of Court - District Judge punished a Police Officer - Some other Police Officers raised abusive slogans against the Judge outside Court room - Held, officers are liable for Contempt of Court - As it is not a mere personal insult to the District Judge - But such a conduct of police officers scandalizes the Court..........
