Judgment Search Results Home > Cases Phrase: high court and supreme court judges salaries and conditions of service amendment act 2009 section 4 insertion of new section 17b Page 2 of about 41 results (0.145 seconds)

Justice M. Vijayaraghavan Vs. Union Of India

Court : Supreme Court of India

..... for judges of the high court who have been appointed from the bar. the introduction of section 14a in 2016 was preceded by three judgments of this court. the first of them in kuldip singh vs union of india,2 dealt with the appointment of a judge of the supreme court from the bar. this court held that a member ..... their earlier entry into judicial service, but such a benefit is not extended to members of the bar who become judges of the high court. this court while laying down the principle of non-discrimination between high court judges elevated from the bar on the one hand and from the district judiciary on the other, observed: 19. when persons who ..... 9 scc2183(2009) 14 scc494(2014) 12 scc1page 10 of 15 practising advocates who have attained eminence are invited to accept judgeship of the high court. because of the status of the office of high court judge, the responsibilities and duties attached to the office, hardly any advocate of distinction declines the offer. though it may be a great .....

Pramatha Nath Mitter and Ors. Vs. Hon'ble the Chief Justice of the Hig ...

Court : Kolkata

Reported in : AIR1961Cal545,65CWN920

..... 7th schedule of the constitution provides :-'administration of justice: constitution and organisation of all courts, except supreme court and the high court: officers and servants of the high court: procedure in rent and revenue courts: fees taken in all courts except the supreme court.'15. this is then compared with item 77 of the union list i which ..... : there was the charter of 1774 establishing the supreme court. the supreme court was supplanted in 1861 by the high court of calcutta, but under the 1861 act, the high court, as inheriting the powers of the supreme court, continued to have the same authority and jurisdiction which the supreme court enjoyed, but subject to modifications if any made by ..... under the power to legislate with respect to administration of justice. clauses 37 and 38 of the charter establishing the supreme court at calcutta, section 9 of the high court act, 1861, sections 106, 108 and 112 of the government of india act 1915 and section 223 of the government .....

Savita Devi Sharma (Smt.) Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2007(4)Raj3208

..... section 17a of the act of 1954 is as under:family pension and gratuities:where a judge who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated ..... payable to and conditions of service of the lokayukta or up-lokayukta shall respectively be the same as those of the chief justice or a judge of the high court of rajasthan.' furthermore, according to section 21 of the act of 1973, the state is empowered to enact any rules regarding the allowance, pension or other ..... pension to the petitioner for the post of lokayukta treating the petitioner's service as lodkayukta independent from that of a high court judge, and not to place the ceiling limit on his pension as prescribed under the high court judges (conditions of services) act, 1954 ('the act of 1954', for short). the learned judge further directed .....

N.D.P. Namboodripad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2004(4)ALD95(SC); 2004(52)BLJR1206; [2004(102)FLR223]; JT2004(Suppl1)SC598; 2004(2)KLT686(SC); 2004(4)SCALE621; (2004)5SCC259; 2004(3)SLJ155(SC); (2004)2UPLBEC1995

..... in respect of each completed year of service to be paid to the retired high court judge.21. the notification/order dated 18.12.1987 clearly states that the 'ordinary pension admissible to high court/supreme court judges under para 2(a) of part iii of the 1st schedule to the high court/supreme court judges (condition of service) act, 1954/1958 respectively may be revised with effect ..... structure of employees who retired before 1.1.1986. it is also stated in the said order that separate orders vis-a-vis the pension of the retired high court and supreme court judges would be issued. accordingly the government of india in a notification dated 18.12.1987, ordered to revise the ordinary pension admissible to ..... high court judges under clause 2(a) of part iii of the 1st schedule of the act with effect from 1.1.1986. 4. in g.o. ms. 228/89 .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... | | |the national judicial | | |appointments commission to | | |(a) recommend persons for | | |appointment as chief justice | | |of india, judges of the | | |supreme court, chief justices | | |of high courts and other | | |judges of high courts; | | |(b) recommend transfer of | | |chief justices and other | | |judges of high courts from one| | |high court to any other high | | |court; and | | |(c) ensure that the person | | |recommended is of ability and | | |integrity. | | |124c. parliament may, by law, | | |regulate the ..... the national judicial appointments commission to (a) recommend persons for appointment as chief justice of india, judges of the supreme court, chief justices of high courts and other judges of high courts; (b) recommend transfer of chief justices and other judges of high courts from one high court to any other high court; and (c) ensure that the person recommended is of ability and integrity. 124c. parliament may, by law, regulate the .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... clause (b) of paragraph 11 of the second schedule to the constitution, which defines 'actual service', speaks of 'joining time on transfer from a high court to the supreme court or one high court to another'. to my mind that plainly is an error in the drafting of the provision. it would seem that some of the provisions in the ..... 11(b). 'actual service' includes --(i) & (ii) ...(iii) joining time on transfer from a high court to the supreme court or from one high court to another.1099. the contention is that since a high court judge can become a judge of the supreme court only by a fresh appointment and that in para 11(b)(iii) of the second schedule to the ..... was taken to the definition of 'actual service' set. out in clause (11) to second schedule which includes joining time on transfer from a high court to the supreme court or from one high court to another. it was submitted that the word 'transfer', if it does not include appointment is inappropriate when used in the context of a .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... guidelines and norms for the appointment and transfer of judges which are being rigidly followed in the matter of appointments of high court and supreme court judges and transfer of high court judges. more recently in vishaka v. state of rajasthan [(1997) 6 scc241:1997. scc (cri) 932]. elaborate guidelines ..... independent secretariat for the commission, pg. 14, 15, available at: https://prsindia.org/files/bills_acts/bills_parliament/2008/bill200_20081202200_election_commission_p roposed_electoral_reforms.pdf 58 supreme court and high courts, etc. the independent secretariat is vital to the functioning of the election commission as an independent constitutional authority. in fact, the ..... exclusively vested in the election commission on the lines of the secretariats of the lok sabha, and rajya sabha, registries of the supreme court and high courts, etc. independent secretariat is vital 100 to the functioning of the election commission as an independent constitutional authority. in fact, the .....

Deoki Nandan Agarwala Vs. Union of India (Uoi)

Court : Allahabad

Reported in : AIR1988All271

..... minimum pension for the judges has a rational basis inasmuch as a person who becomes a judge is prevented from practising except in the supreme court and a high court other than the high court in which he was the judge. however, such fixation should not lead to discrimination amongst the judges who would earn more than the ..... (1) runs as follows :'17-a. family pension and gratuities; (1) where a judge who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated ..... which runs as follows : --'11. in the case of judge to whom this part applies and who has retired on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, the foregoing provisions of this part shall have effect subject to the modifications that-- (i) for paragraph 2, .....

Justice Debendra Mohan Patnaik Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2008Ori28

..... ministry of finance, department of expenditure regarding the revision of guidelines in regard to the fixation of pay and other terms of retired judges of the supreme court and high courts on their appointment on commissions/committees of enquiry. this is not applicable to the present petitioner as he was appointed on whole time basis as president ..... 4) of article 124 by a procedure analogous to impeachment for proved misbehaviour or incapacity or he is appointed to be a judge of the supreme court or is transferred to another high court he cannot be removed from office. his security of tenure upto the age of 62 years is guaranteed, vide article 217, clause (1). ..... there exists a provision in the act itself the indefeasible right to pension earned by a high court judge cannot be abridged in any manner particularly in the teeth of the constitutional provision of article 221(2) as interpreted by the supreme court in sankalchand himatlal sheth's case (air 1977 sc 2328) (supra). no such provision .....

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... 24, 1959 stated as under :i agree entirely with what dr. kunzru has said in respect of appointments to the supreme court and the high courts. i believe strongly that in the appointment of high court judges and supreme court judges the hand of the executive should not be there at all. 464. mr. s.k. basu, speaking in ..... chief justice of india in the process of constitutional consultation in the matter of selection and appointment of judges to the supreme court and the high courts as well as transfer of judges from one high court to another high court is entitled to have the right of primacy. in sum, the above logical conclusion and our special sense dictate : ..... majority opinion in s.p. gupta, contending that the role of the chief justice of india in the matter of appointments to the supreme court and the high courts and transfers of the high court judges and chief justices has primacy, with the executive having the role of merely making the appointments and transfers in accordance with the .....