Author: Legal Ants

The Supreme Court collegium is an arrangement that collectively makes decisions. Approves appointments of judges to the higher judiciary in India and the Supreme Court. The system was created by the statements of the Supreme Court in the 90’s. Therefore, this is always a part of controversies and discussions.

Composition and Evolution

The Chief Justice of India heads it only four  judges of the Supreme Court as members of the Collegium. The first Collegium, consisting of three sitting judges apart from the chief justice, was formed in 1993 following the features of the established collegium system. However, this was extended to the present constitution through a decision in 1998.

Initially, up to the 1990s, the executive branch made appointments with the approval of the chief justice. This older system was deemed to disrupt the independence of the judiciary as the executive has control over the appointment of the judges. The collegium system was presumed to deal with this by putting appointment powers in the judiciary’s hands.

The Process the Supreme Court Collegium

It is started by the Chief Justice, who will seek the approval of the members of the Collegium in the nomination of those to be promoted to judgeship. The processes are elaborate regarding the proposed names, a method of assembling input from other judges within the High Courts. Accordingly, nominees are selected and forwarded to the Government based on merit, seniority, and number of representatives from different quarters.

The Government can send back the recommendation to the Collegium with the request for reconsideration. Still, if the Collegium repeats the same name. It is the final decision of the Collegium and obligatory for the Government. Some of the criticisms that have been made regarding this fact that it puts the judiciary in a powerful position over the executive in terms of appointments.

Criticisms and Controversies

1. Opacity and Lack of Accountability: Most of the activities of the Collegium are not transparent. As the meetings are closed. There is no information on how the candidates are assessed or proposed. That is also true where there is no responsibility concerning the decision.
2. Homogeneity in Appointments: Some criticisms of the system include the fact that it perpetuates a closed shop in the Higher Judiciary. Since the same few collegiums make the appointments. There has been some worry about absolute levels of diversity and representation, too.
3. Executive Interference: In the collegium system formed to reduce the executive’s influence in appointing judges, many people think the scope is still vast. Subsequent governments have devised other strategies. Such as reverting recommendations or just merely awash on proposals to flex the judiciary.
4. Nepotism and Favoritism: Several cases of alleged favoritism and nepotism in appointments have eroded peoples’ confidence. The process remains somewhat subjective and can be influenced by the researcher’s biases and predispositions.

Attempts for Reform Supreme Court Collegium

Efforts have been made in the past by the judiciary and the different ruling political parties to reform and enhance the selection system of judges in the higher courts.

However, the Supreme Court has come up with some measures that have some level of transparency and try to set up criteria for appointing members. The last attempt at improving the situation was made in 2015. When the Memorandum of Procedures for Appointments attempted to introduce some changes.

However, successive Central Governments have also attempted to effect the same through legislation to bring about a more profound change in the system. The NJAC Act passed in 2014, was meant to establish a fresh tribunal that is to be led by the Chief Justice. Would also consist of members from the executive branch and the civil society. However, this attempt at reform was declared unconstitutional by the Supreme Court only after one year. Many saw it as an attempt by the judiciary to hold on to the appointment power.

Conclusion

The Supreme Court collegium Appointments and judicial changes in India have constituted a continued struggle for dominance between the judiciary and the executive. Despite the imperfection of the present system of handling opaque and complex cases. The independence of the judiciary is the cornerstone and should not be compromised. Sustaining an optimal level of accountability combined with a reasonable degree of autonomy is the major challenge. The essence of the restructured appointment process in the case of the higher judiciary.

Madurai High Court Judgement bench is located in Madurai. It has the Kanyakumari, Tirunelveli, Thoothukudi, Tenkasi, Madurai, Dindigul, Ramanathapuram, Virudhunagar, Theni, Sivaganga, Pudukottai, Thanjavur, Tiruchirappalli and Karur districts under its Jurisdiction.

Contact Us

• Chief Administrative Officer, Principal District Court, Madurai.
• Phone No: 0452 2537597
• Court Manager, Principal District Court, Madurai.
• Phone No: 0452 2537515
• Mail to: madurai.ecourt@gmail.com
• mdu.pdc-tn@indiancourts.nic.in.

Which Year Was the Madurai Bench Of Madras High Court Started?

The Madras High Court Bench at Madurai was inaugurated on Saturday, the 24th of July of 2004, by Hon’ble Mr. Justice R.C. LAHOTI, Chief Justice of India. Justice B. Subashan Reddy, the then Chief Justice of the Madras High Court, presided over it.

The region is believed to have been covered with Kadamba forest, called Kadambavanam. The city is referred to by various names, including “Madurai,” “Koodal,” “Malligai Maanagar,” “Naanmadakoodal,” and “Thirualavai.”

How much time is required to get a court order?

The time frame for obtaining a stay order from a court in India depends on several factors, such as the Jurisdiction, the nature and complexity of the case, and the court’s workload. On average, obtaining a stay order from the court may take anywhere from 2 weeks to several months.

A.S.(M.D.).Nos.114 and 115 of 2024 A.S.(M.D.).Nos.114 and 115 of 2024 and C.M.P.(M.D.)No.6077 of 2024 S. SRIMATHY, J The absorb Counsel appearing for the appellants in both cases submitted that the appellants have already gifted a portion of land to the Temple. Moreover, there is a lot of land behind the School. The master Counsel appearing for the appellants in both cases has proposed that there can be an exchange of lands so that the School need not be disturbed. Instead of the suit property, the appellants are ready and willing to give the land adjacent to the present suit property. 2. Therefore, the respondents are directed to consider the same and report

How to Read Lengthy Judgements?

Anyone who studies law will eventually have to read judgments. But what is the best way to read a case to understand it fully? Reading lengthy judgments is a tedious but most important task for a law student. As a law student, you might have to prepare summaries, too!

When reading a case, you must know the typical structure of a case report, which will help you understand what you’re reading. Eventually, you’ll also need to be able to learn how to follow the often complex legal reasoning in judgments and understand what precedent is created by any given case. It is a skill built up over time and requires some practice. This section introduces you to some of these skills and provides a brief overview. For more information, we suggest you look at some of the Further Reading, which gives more detailed worked examples.

What is a Madurai High Court Judgement/Case. 

As a law student, you should first learn what a Judgment is. Judgment, in all legal systems, is a decision of a court adjudicating the parties’ rights to a legal action before it. A judge gives a legal judgment; the opinions are not written with the law student in mind.

Understanding the fundamental legal issues not being addressed as a law student can be challenging, especially for those who study controversial topics. A newcomer is ushered in by the legal system and often falls into the shadows.

For You To Understand The Facts, Focus On the Following Three Things:

1. what has happened that has provoked someone to take this case to court;
2. what happened at the trial court that provoked someone to appeal;
3. What did the higher court do with this case?

You Might Not Understand A Case At First Reading

While reading a case for the first time, you don’t understand much of it or might not understand the main points. Don’t worry. Try rereading the case and take your time with it.

It’s an excellent idea to skim-read the case report/summary that is available first to get a general overview. Then, reread the essential parts in more detail.

I Read It Several Times.

Read the case several times, and read it carefully. It’s an entirely different skill from, for example, reading a novel or a newspaper.

Break The Case Into Following Components

As you start to read judgments, divide the following sections. It will help you to understand it effectively as you go on to read judgments till the end.

1. Name Of The Case;
2. Name Of The Court Which Decided The Case;
3. Date Of Decision;
4. Citation Of The Case;
5. Name Of Judge Or Judges;
6. Judgment
7. procedure by which the case came before the court or tribunal (if the original Jurisdiction is so stated). It may also include-
8. the relief the plaintiff asked for in the lower court
9. what defendant asked the lower court to do
10. what the lower court was complained of by the party appealing
11. the facts before the court for decision. In setting out complicated facts, adopt chronological Order;
12. the legal question or questions or issues involved;
13. important arguments of Counsel;
14. decision;
15. reasons for the decision and
16. reasons for dissenting opinions, if any.

Make Notes Madurai High Court Judgement

Make notes as you read, and even draw diagrams if it helps you understand the judges’ words.  It will help you keep track of the facts and avoid confusion. You may create notes by following these points.

Conclusion

Know and understand the root cause of filing the Case- The prime and foremost thing that should be done is to know the root cause of registering the case. Don’t become discouraged! It is a skill that does become easier the more you practice it. Keep the practice of reading the judgments regularly to master the art of learning the decisions, and then you can see the change.

A Bench Warrant means that a judge has issued an arrest warrant for the suspect. This warrant is often issued to someone charged with not attending the scheduled court appearance. It is known as the measure of apparent failure. However, the judge can issue an injunction when someone violates court rules.

When a judge issues a bench warrant, law Imposition can treat it like any other piece of paper. It usually means finding an order to hold. If you find that you are wearing your seat belt, it is best to union an attorney and have it replaced as soon as possible. Many people think they can avoid a court judgement, but most of them are wrong.

What Happens After a Judge Points a Bench Warrant

When a warrant is issued, local security officials treat it as an arrest warrant. They will try to find you, arrest you, and bring you to court for expulsion..

Hang on police work in your area, this process may happen quickly, for example, within 24 hours, or it may take days, weeks, or months. However, as long as you have a court order, you can expect every day to be an arrest day.

The Difference of Bench Warrant and Arrest Warrant

As a judicial power in the Indian state of Karnataka, the Karma High Court locked up hearings at Hubballi-Dharwod and Kalaburagi on 24 August 2013 and 31 August. The main difference is that the judge has exclusive authority over the jury verdict from start to finish, while law enforcement applies for an arrest warrant, and the judge signs it and asks questions.

Law enforcement officials request an arrest warrant when they believe they have probable sources to arrest someone, such as video evidence of someone committing a crime. If the judge determines sufficient evidence to warrant an arrest, he signs this order and authorizes the security forces to make the arrest.

Whatever warrant you have, bank or search warrant, you can await arrest, so it’s a good idea to speak with a criminal defense attorney as quickly as possible.

How Does a Bench Warrant Work?

A court order does not necessarily lead to a criminal case but can lead to criminal charges. This warrant is often issued to someone charged with not attending the scheduled court appearance.

1. Failure to attend a court date: If you choose not to attend a scheduled court date for any reason, this can result in a stay order. A judge may issue a ticket if you fail to attend a traffic ticket or court appearance, including a hearing, pretrial hearing, arraignment, or sentencing.
2. Failure to comply with a court order: Many court orders, including traffic tickets and child support.

Finally, the judge issues a summons summoning you to court. Once there, they may release you with a warning or arrest you. It will be decided depending on your criminal record and how the court determines your flight status.

The result of failing to appear on a set court date can be severe fines and penalties. You may lose your driver’s license. In other cases, you may remain in jail until a new court date. Although collateral can be secure, the lump sum payment can be significant.

Schedule Your Complimentary Consultation

If a court order is in your name, the police can arrest you anytime, at your home or workplace. Most of the time, a draft notice will be sent to you in person and allows for voluntary participation.

Conclusion

If a judge issues an order to arrest if suspect, it is considered the warrant. Upon being issued a warrant, it is subject to the jurisdiction of judicial authority, similar to any other written document. The police and local security officials use the term “arrest warrant” to describe any arrest made, and they will work to locate, arrest, or trial you in that situation. If the judge decides that there is enough evidence to make an arrest, he or she will sign this warrant and instruct security forces to make the arrest.

This warrant is often issued to someone charged with not attending the scheduled court appearance. This warrant is often issued to someone charged with not attending the scheduled court appearance. A judge may issue a ticket if you fail to participate in a traffic ticket or court appearance. Including a hearing, pretrial hearing, arraignment, or sentencing.

The Calcutta High Court is a medieval court in India. It is located in Kolkata, West Bengal, and has command over the land of West Bengal and the Act of the Andaman and Nicobar Islands. The High Court building’s design is based on the Cloth Hall in Belgium. The Court has a lawful judge strength of 72. It started on July 1, 1862

1. Rule: Andaman & Nicobar Islands and West Bengal
2. Judge title length: Till 62 years of age.
3. Composition type: Presidential with confirmation of the Governor of the respective state.

History

The Calcutta High Court is one of the three courts of India established in the Presidency City on June 26, 1862, by letters from Her Majesty Queen Victoria. It is the oldest Supreme Court of India. It was based on July 1, 1862, as the Fort William High Court under the High Courts Act, 1861, and was preceded by the Fort William High Court, but the city’s name was officially changed from Kolkata to Kolkata in 2001. The institution retained its old name. On July 5, 2016, the case accepted a bill to rename the Calcutta High Court and two courts in Chennai and Mumbai. However, the Supreme Court still maintains its old name. The Calcutta High Court was the first High Court, and the three High Courts were founded in India, along with the Bombay Madras High Courts.

Location of Court

Secretariat Of The Honourable The Chief Justice

Contacts

• Pin Code: 700001
• Address : 3, Esplanade Row West, Kolkata, Pin – 700 001
• STD Code: 033
• PBX Numbers: 2254-8000, 2248-7485, 2248-7488, 2248-7487, 2248-6717, 2248 6579
• Web Site: https://www.calcuttahighcourt.gov.in
• e-mail id : rghc_cal@rediffmail.com (Registrar General), calcuttahighcourtprotocol@gmail.com (Protocol Department), calcuttahighcourtprotocol@nic.in (Protocol Department).

Fax Numbers :

1. 033 2248-7835: Registrar General
2. 033 2213-9306 : Registrar (Judicial Service)
3. 033 2254-8142: Registrar (Administration)
4. 033 2231-5784: Registrar (Inspection)
5. 033 2231-4872:Registrar (Vigilance & Protocol)
6. 033 2248-2580: Registrar (Original Side)
7. 033 2248-8736: Protocol Department
8. 033 2242-9158: Secretariat of the honourable the Chief Justice.

Conclusion

High Courts are the highest party courts in every state and union of India. Supreme courts exercise civil and criminal jurisdiction only in cases where competent courts are not authorized by law.

The Jammu and Kashmir, Srinagar, and Ladakh High Court is the oldest High Court of the Union of Jammu and Kashmir. The summer capital is Srinagar, and the winter capital is Jammu, where it has wings. 1928 the Court was founded with 17 honorary judges, 13 permanent and 4 reserve judges. The Chief Justice is N. Kotiswar Singh (as of 13 February 2023). Appeals from the Jammu, Kashmir, and Ladakh District Courts and District courts were being heard by the High Court in Jamritha, Himachal Pradesh. Some cases, habeas corpus petitioning and matters concerning fundamental rights are subject to its original jurisdiction.

Under the Constitution of Jammu and Kashmir in 1957, the Supreme Court was created to lead an independent judiciary. At present, there are seventeen judges on the Supreme Court in its jurisdiction, with thirteen being permanent judges and four being part of the supplementary judges. From May to the end of October, the Chief Justice and administrative wing of the Supreme Court moved to Srinagar, and from November to the end of April, H. The problem is in Jammu.

The High Court Of Jammu And Kashmir, Srinagar

Functioning

The Srinagar operates from May to the end of October each year. During this period, the Chief Justice and the administrative wing of the High Court are based in Srinagar. Court sections in both Srinagar and Jammu function throughout the year, so legal matters progress even during the shift.

Jurisdiction

Primarily handles appeals originating from district courts and tribunals within Jammu and Kashmir.

Holds original jurisdiction on specific matters like:

• Habeas Corpus petitions – petitions challenging unlawful detention
• Cases concerning fundamental rights enshrined in the Indian Constitution

Online Resources:

While there isn’t a dedicated website for the Srinagar wing itself, you can access information through the pan-High Court website: [eCommittee High Court of J&K ON Supreme Court of India ecommitteesci.gov.in]

This website allows you to Search for case status by party names ([eCourt India High Courts Services ON Government of India hcservices.ecourts.gov.in])

1. The High Court plays a role in justifying the rule of law and delivering justice in Jammu and Kashmir.
2. It has a rich history, established in 1928, and has evolved alongside the region.
3. Let me know if you’d like to delve deeper into any specific aspects of the High Court or its functioning in Srinagar.

Committee No. 1: Administrative Committee

1. Hon’ble The Chief Justice
2. Hon’ble Mr Justice Tashi Rabstan
3. Hon’ble Mr Justice Atul Sreedharan
4. Hon’ble Mr Justice Sanjeev Kumar
5. Hon’ble Mr Justice Vinod Chatterji Koul

Subjects:

Service Conditions & Disciplinary Matters of Judicial Officers General Administration including:

1. Probation, Regularization, and Evidence of
2. Seniority matters of the judge.
3. Screening of judge for their continuation beyond 50, 55, and 58 years.
4. Awarding of Time Scale and Selection Grade Scale of pay.
5. Awarding of ACP salary scale.
6. Work review and assessment.
7. Constitution, abolition, and continuance of Courts.
8. Conduct Rules.
9. Alteration of Date of Birth.
10. Promotion of Civil Judges(Junior)/Munsiff to the Posts of Civil Judges(Senior Division)/Sub Judges.
11. For any other matter, the Hon’ble Chief Justice decides to refer to the Committee.

Note-: The Chief Justice may invite any other Judge who is not a Member of this Committee as a Guest Member in any meeting of the Committee.

High Court of Jammu and Kashmir Srinagar Sections

The High Court of J&K was established in 1928. Till the early 90’s, it was situated at Mubarakmandi complex, but after 1994, the High Court complex was shifted to Janipura Jammu. It started functioning with 3 Judges only, which was increased to 5 in 1968. At present, the sanctioned strength is 17 judges. About 470 employees are working in the High Court. It has seven courtrooms. The High Court moves with the annual “Darbar” from Jammu to Srinagar and back, thus functioning for six months during summer at Srinagar & for six months during winters at Jammu. At least two courts function at both places at any given time, irrespective of the ‘Darbar.

The High Court deals with cases related to Writ and Civil Jurisdiction. Seven sections in the High Court deal with various cases. These are:

1. Letter Patent Appeal (LPA)
2. Service Writ Petition (SWP)
3. Other Writ Petition (OWP)
4. Civil
5. Criminal
6. Civil Original Suit (COS) (Now under District Courts)
7. Habeus Corpus Petition (HCP)

In addition to the above, there are other sections, such as the judicial section, administrative section, accounts section, records section, statistical section, service section, law reporting section, and registry.

In 1994, a computer section was established in the High Court to transform the work culture and reap the benefits of the latest information technology tools. During the last five years, many of the functions that were hitherto performed manually have been brought under computerization.

 The Significant Areas of Application are:

1. Filing Counter
2. Daily & Weekly Cause list
3. Monthly Payroll
4. GPF Accounts
5. Personnel Information System
6. Judges Library
7. Caselaw
8. Connectivity between J&K High Court, other High Courts, and The Supreme Court
9. Administrative Functions
10. Usage of E-mail and the Internet

The use of computers has decreased the number of pending cases and has brought about transparency in filing, Allocating, hearing, and Disposing.

Location of High Court of Jammu and Kashmir Srinagar

Jehangir Chowk, Srinagar – 190009 (Near Jehangir Chowk Flyover)

1. e-mail address: rjudicialjammu@gmail.com
2. Timings

• Mon to Fri: 10:30 am – 4:00 pm
• Sat and Sun: Closed – Closed

In Case Of Any Query, Contact The Below Mentioned Officers/Officials

• Uzair Nazir
  Senior System Officer
  Contact Number:- 9906500222 / 9906725653
  email-ID:- uzair.nazir@jk.gov.in , itzuzair@gmail.com
• Sushain Ganjoo
  System Assistant
  email-ID:- sushain.hcjmu@jk.gov.in

Conclusion

The High Court of Jammu and Kashmir, Srinagar, currently approves a strength of 17 Judges, including 13 Permanent Judges and 4 Additional Judges. High Courts can conduct judicial review. They can declare any law or ordinance unconstitutional if it is against the Indian Constitution. A High Court alone can certify the cases fit for appeal before the Supreme Court.