Judicial Service - Law Dictionary Search Results
Home Dictionary Name: judicial serviceJudicial service
Judicial service, the expression 'judicial service' can be defined as inclusive of a wide variety of offices connected with the administration of justice in one way or the other, Syed T.A. Naoshbandi v. State of J&K, (2003) 9 SCC 592 (604).The expression 'Judicial service' is defined in Article 236 (b) and it means service consisting exclusively of persons intended to fill the post of district Judge and other civil judicial posts inferior to the post of district judge, State of West Bengal v. Nripendranath Bagchi, AIR 1966 SC 447 (450): (1966) 1 SCR 771.The expression 'Judicial Service' means a service consisting exclusively of persons intended to fill the post of District Judge and other Civil Judicial posts inferior to the District Judge and the ex-pression 'District Judge' includes among others an Additional District Judge and an Additional Sessions Judge, State of Assam v. Kuseswar Saikia, AIR 1970 SC 1616 (1618): (1969) 3 SCC 505, See also Chandra Mohan v. State of Uttar Pradesh, ...
Service of the Union or of the State
Service of the Union or of the State, article 236(b) defined the expression 'judicial service' means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. If this definition, instead of appearing in Art. 236, is placed as a clause before Art. 233(2), there cannot be any dispute that 'the service' in Art. 233(2) can only mean the judicial service, Chandra Mohan v. State of U.P., AIR 1966 SC 1987: (1967) 1 SCR 77....
The service
The service, the expression 'the service' in article 233 (2) means the 'judicial service', Satya Narain Singh v. High Court of Judicature at Allahabad, AIR 1985 SC 308 (311): (1985) 1 SCC 225: (1985) 2 SCR 112. [Constitution of India, Arts. 233(2), 234, 236]The expression 'the service' in Art. 233(2) of the Constitution of India means the judicial service, Chandra Mohan v. State of Uttar Pradesh, AIR 1966 SC 1287 (1994). [Constitution of India, Arts. 233(2), 234, 236]...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Judicial office
Judicial office, Administrative proximity with judicial work was regarded as an excuse good enough to elevate the administrator into a holder of judicial office, State of Haryana v. Haryana Co-operative Transport, AIR 1977 SC 237 (239): (1977) 1 SCC 271.'Judicial office' is used in the proviso; a person holding judicial office being a member of the Judicial Service, or, in short, a judicial officer. In the matter of enrolment of Sri H.P. Chaudhari, AIR 1959 All 472.'Judicial office' subsisting office with a substantive position which has an existence independent from its holder, Shri Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213. [Constitution of India Art 217 (2) (a)]...
Judicial office and Judicial officer
Judicial office and Judicial officer, expression 'Judicial Office' has not been defined under the Constitution, nevertheless, it has to be given meaning in the context of the concept of Judiciary as enshrined in the Constitution of India. The scheme under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. Holder of 'judicial office' under Article 217(2)(a) means the person who exercises only judicial functions, determines causes inter-partes and renders decisions in a judicial capacity, Kumar Padma Prasad v. Union of India, AIR 1992 SC 1213: (1992) 2 SCC 428....
Length of service rendered in the cadre
Length of service rendered in the cadre, the criterion for the determination of seniority under the Delhi Rules is the length of service rendered by the candidates during the period when they were rendering service either as District Judge or as Additional District and Sessions Judge in permanent or temporary capacities, G.R. Luthra v. Lt. Governor, AIR 1974 SC 1908: (1975) 1 SCR 974: (1975) 3 SCC 258. [Delhi Higher Judicial Service Rules, 1970, R. 6(3)]...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
Cadre
Cadre, In service jurisprudence, the term 'cadre' has a definite legal connotation. In the legal sense, the word 'cadre' is not synonymous with 'service'. Fundamental Rule 9(4) defines the word 'cadre' to mean the strength of a service or part of a service sanctioned as a separate unit, Chakradhar Paswan v. State of Bihar, (1988) 2 SCC 214: AIR 1988 SC 959: (1988) 3 SCR 180 [F.R. 9(4)].Includes both permanent and temporary posts, G.R. Luthra v. Lt. Governor, Delhi, (1975) 1 SCR 974: AIR 1974 SC 1908: (1975) 3 SCC 258. [Delhi Higher Judicial Service Rules, 1970, R. 6 (3)]In the service jurisprudence the expression 'cadre' means the unit of strength of a service or a part of it as determined by the employer, State of Maharashtra v. Purshottam, (1996) 9 SCC 266 (269).Cadre, would ordinarily mean the strength of a service or a part of the service so determined by the Government constituting the post therein, Shiv Dutt Judiya v. Ganga Divi, (2002) 3 SCC 182....
Contract of service and contract for service
Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...
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