Ojaskar Law Institute

Chief Justice J S Khehar yesterday informed that the Supreme Court has set up a committee of judges to look into the issue of bringing uniformity in the process of selection of judges to the subordinate judiciary where there is a staggering vacancy of more than 4,000 judges.
The panel would deal with issues like
* Fixing the date on which advertisements for filling up the vacancies would be issued
* Dates of examination
* Interviews
* Issuance of the appointment letter
* Joining date.
Chief Justice said this after Senior Advocate Vijay Hansaria, who is amicus curiae in the matter, pointed out to the court that “the matter relating to appointment of judges in subordinate judiciary has not been listed for hearing for quite some time and there was a need to bring uniformity in the selection process”.
He said a similar schedule was drawn up by the apex court by its judgment on January 4, 2007, but it has not been compiled by the states including the High Courts in letter and spirit.
The top court by its January 4, 2007 judgment had said that the process for the recruitment of judicial officer in the subordinated judiciary including for the posts of district judges would commence on March 31 of a calendar year and the entire process would concluded on October 31, the last date of joining for successful candidates.
Law Minister Ravi Shankar Prasad has often been turning the tables on the issue of judges’ appointments by questioning the judiciary’s inaction in filling more than 4,000 vacancies in subordinate courts over which “the Centre or state has no role”.
“Posts of more than 4,000 subordinate judges are lying vacant. Why are they not being filled up? In this, the central government or state government has no role because these are to be filled by the respective high courts either themselves or through the public service commission.” the law minister had said recently.

Age Limit For LLB: SC Issues Notice To Bar Council Of India.

The Supreme Court on Tuesday issued notice to the Bar Council Of India (BCI) on a petition filed by two law aspirants challenging the maximum age limit of 20 years for taking admission to the 5-year integrated law degree. Senior Advocate Sanjay Hegde and Advocate on Record Zoheb Hossain (both appeared pro-bono) argued that Clause 28 of Legal Education Rules, 2008, which restored the maximum age limit of 20 years for taking admission to the 5-year integrated law degree, was arbitrary and unlawful. Advocate Hegde submitted that the new stipulation violates the fundamental rights of aspiring law students under Articles 14, 19(1)(g) and 21 of the Constitution.
After hearing, a two-judge bench comprising Justice Dipak Misra and Justice Arun Mishra issued notice to the BCI, returnable in four weeks. Though the bench has not stayed the operation of the rule, gave liberty to the petitioners to mention the matter for interim relief, if necessary. The petitioners submitted that conflicting judgments were passed by different high courts in writ petitions challenging the validity of Clause-28 and, therefore, the interference of Supreme Court is necessary to ensure that there is certainty in the lives of students and consistency and uniformity in the approach of the BCI in this matter. The petitioners pointed out that the said clause was held to be ultra vires the provisions of the Advocates Act, 1961, by the High Court of Punjab & Haryana in Rajan Sharma v. The Bar Council of India and the High Court of Bombay in Yasmin E Tavaria v. Union of India, respectively.
However, a conflicting view has been taken by the High Court of Madras in M. Santhosh Antony Vareed v. The Registrar, Tamil Nadu Dr. Ambedkar Law University, Chennai, wherein the high court upheld the upper age limit of 30 years for admission to the 3-year bachelor degree course in law.

Teacher's Day Celebration...

Today on 2-November-1976 :: Lok Sabha passes the 42nd Constitution Amendment Bill making India a Socialist Secular Republic and laying down the fundamental duties of citizens.

New CJI defends collegium system, wants more women representation in higher judiciary
7/22/2013

22.7.2013 (UNI) The new Chief Justice of India, Justice P Sathasivam has advocated more representation of women judges in High Courts and the Supreme Court.
Justice Sathasivam while giving interview to a news channel, also said these women judges including members of minority communities and OBCs must fulfill the criteria for elevation of judge to High Court or Supreme Court.

Justice Sathasivam, who took over as new Chief Justice on July 19, defended the judges getting post-retirement assignments saying so long as there are provisions for appointment of retired judges in tribunals, consumer forum and other statutory bodies which require judicial brains, there is nothing wrong in retired judges accepting such posts.

About the conduct of a judge, the new CJI is of the opinion that a judge must keep a distance in society and should avoid social functions.

Justice Sathasivam defended the collegium system for appointment of High Court and Supreme judges saying that judges know the competence of lawyers as well as High Court judges and according to him the judgements of past seven to eight years delivered by High Court judges are scrutinised by the collegium members before recommending the name for elevation.

Justice Sathasivam who gives utmost importance to punctuality, also opposed the provision in Judicial Accountability Bill which bars the judges from making any oral observation during the hearing of a case.

He said oral observations made by a judge during the hearing of a case should not be treated as conclusions. UNI

TRAI releases Quality of Service (Code of Practice for Metering and Billing
Accuracy) (Amendment) Regulations, 2013 dated 25
th
March, 2013”.

for more details click below:

http://www.trai.gov.in/WriteReadData/PressRealease/Document/press%20release%2024%20of%202013%20on%20metering%20and%20billing%20regulations25032013.pdf

http://www.trai.gov.in/WriteReadData/PressRealease/Document/press%20release%2024%20of%202013%20on%20

Happy New Year 2013 to all.
My this New year bring some awareness and responsibility in society specially in Youth.

JR. COURT ASSISTANTS' EXAM.2012 :-

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Unmarried Daughter can now claim maintenance

An unmarried daughter who is a major can seek maintenance from her father, the Delhi high court has said. Justice Manmohan has asked the girl and her father to appear before a magistrate who will then decide if the woman's claim for maintenance has any merit.

The HC relied on a combined reading of a section of the Hindu Adoptions and Maintenance Act and Section 125 CrPC to conclude that Swati had the right to claim maintenance, even though she doesn't suffer from any physical or mental abnormality or injury unable to maintain herself.