Baldev Singh
01 March 2011 at 07:50
Public prosecutor being already in the service of the Union of the cannot appear in higher judiciary examination. Article 233 of the Constitution of India deals with the appointment of District Judge (Higher Judiciary) . Article 233 having two parts:
233(1) which deals with appointment of district judges’ form service and service means judicial service. 233(2) deals with recruitment of District judges from the eligible advocates. Article 233(2) of the Constitution reads as under:
“A person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or to pleader and recommended by high court for appointment”
As per Article 233(2) of the Constitution of India, there are three essential conditions for appointment to the post of District Judges are:
a) A person who is not in any service whether under Union or States;
b) A practising advocate/pleader for at least 7 years; and
c) Last requirement is recommendation of the High Court.
If any of the essential component contemplated by the Constitutional provision, wanting, he is ineligible.
Therefore public prosecutors/Assistant Public Prosecutors or any person who is already in service of the Union or the States shall not be eligible for the post of District Judge. Article 233 (2) with all its vitality, versatile and rigour prohibits a member of service to seek appointment to the office of District/Additional District Judge.
1. .Keshav Kaushik versus State of Haryana CWP No. 9157 of 2008 Decided on 18.05.2010 Punjab and Haryana High Court D. B. Reported as 2010 (3) SCT 245
2. K.R. Biju Babu V/s High Court Kerela 2008 Labour and industrial cases 1784 ( Kerela)
3. Mallaraddi H. Itagi V/s High Court of Karnataka 2002 Lab. I C. 2074 ( Knt.)
Anonymous
01 March 2011 at 00:01
How much of 58K Crores provision for Bharat Nirman in the Union Budget, would take care of Publicity costs to project UPA Chairperson's photograph without any constitutional mandate for such unwarranted public spending for political appeasement ?
Sujata Desai
28 February 2011 at 11:53
As per Income Tax Laws, we have to deduct TDS on any sum being given to any party as interest and we have issue TDS certificate towards the same.
When a consumer forum orders to pay cost and compensation alongwith interest, are we supposed to deduct TDS on the interest portion and issue TDS certificate ???
If we do not deduct TDS we will have to pay TDS to I.T. Dept. for the money that is given as interest.
Thanks
VIKRAM BALU
28 February 2011 at 09:48
Dear friends,
I am an advocate at Tamilnadu. In Tamilnadu, we have the Legal Practitioners Fee rules, 1973 in force, regarding the structure of fees to be recieved by advocates. My Question is - What is the rule/ act guiding the fee structure of advocates in other states?
Please reply
VISHNUMURTHY CHADALAWADA
28 February 2011 at 04:46
Sir,
I have filed a CA in APAT,hyderabad ,The petitioners in WP have filed a wp in the Hon'ble HC ,Hyd supressing the facts and got orders against me . At this stage may I file / press my CA which is at final stage in APAT,Hyd, Kindly give me suggestion
copy of the Hon'ble HC ,Hyd is below for ready reference.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
WEDNESDAY, THE FIFTH DAY OF JANUARY,
TWO THOUSAND AND ELEVEN
: PRESENT :
THE HON’BLE SRI JUSTICE : NOOTY RAMAMOHANA RAO
AND
THE HON’BLE SRI JUSTICE : K.G. SHANKAR
WV MP No. 3 of 2011
AND
WP MP No. 38896 of 2010
IN
WP NO. 30547 OF 2010
WP MP No. 38896 of 2010 :
Between:
1. The Govt. of A.P., rep. by its Principal Secretary to Govt. I & CAD Dept., A.P., Secretariat, Hyderabad
2. Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
...Petitioners
(Petitioners in WP 30547 of 2010
on the file of High Court)
AND
1. Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao, Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal
2. Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad, rep. by its Registrar.
...Respondents
(Respondents in-do-)
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to suspend the orders of the A.P. Administrative Tribunal, Hyderabad passed in O.A.No. 4042/2006 dated 21.01.2010 pending WP No. 30547 of 2010 on the file of the High Court.
WV MP NO. 3 OF 2011 :
Between:
Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao,
Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal.
…Petitioner
(Respondent No. 1 in W.P.No. 30547 of 2010
on the file of the High Court)
And
1. The Govt. of A.P., rep. by its Principal Secretary to Govt. I & CAD Dept., A.P., Secretariat, Hyderabad
2. Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
-2-
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
5. Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad, rep. by its Registrar.
…Respondents
(Petitioners 1 to 4 & Respondent No. 2 in-do-)
Petition under section 151 CPC praying that in the circumstances stated in the counter affidavit filed in the Writ Petition No. 30547 of 2010 , the High Court may be pleased to vacate the interim order dated 20.12.2010 passed in WP MP No.38896 of 2010 in WP No.30547 of 2010.
These petitions coming on for hearing, upon perusing the petitions and the affidavit fled in Writ Petition No. 30547 of 2010, the interim order of the High Court dated 20.12.2010, made in WP MP No.38896 of 2010 and the counter and reply affidavits filed therein and upon hearing the arguments of the Govt. Pleader for Services-II, for the Petitioners in WP MP No.38896 of 2010 and Respondents 1 to 4 in WV MP No.3 of 2011 and Sri Ch. Vishnumurthy, Party-in-Person, for the Respondent No.1 in WP MP No.38896 of 2010 and Petitioner in WV MP No.3 of 2011.
The Court made the following ORDER :
“This application has been moved seeking modification of the interim suspension granted on 20.12.2010 in W.P.M.P. No.38896 of 2010.
It is stated that the vacate stay petitioner has already been promoted as a Deputy Executive Engineer, Irrigation Department and is presently working as such. If the interim order of suspension is not modified, the prospects of his getting reverted are bright.
Therefore, the interim suspension granted on 20.12.2010 in W.P.M.P. No.38896 of 2010 shall stand modified and the vacate stay petitioner’s status existing as of now as Deputy Executive Engineer shall be continued.
W.V.M.P. is ordered accordingly.
Post the writ petition for “Final Hearing” on 14.03.2011.”
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The Principal Secretary to Government I & CAD Dept., A.P., Government of Andhra Pradesh, Secretariat, Hyderabad
2. The Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
5. Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao, Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal
6. The Registrar, Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad.
7. Two CCs to the GP for Services II, High Court of A.P., Hyderabad.(OUT)
8. Two spare copies.
H.A.
DRAFTED BY : H.A.
DATED : 06.01.11
APPROVED BY :
HIGH COURT
NRRJ
&
KGSRJ
DATED : 05.01.2011
POST THE WRIT PETITION FOR
“FINAL HEARING” ON 14.03.2011.”
ORDER :
WV MP No. 3 of 2011
AND
WP MP No. 38896 of 2010
IN
WP NO. 30547 OF 2010
DIRECTION
Ch.VishnuMurthy,
Party-in-Person
chvm05@gmail.com
Anonymous
27 February 2011 at 17:06
can any person ask the copy of notarial register uner RTI? Whether the Notaries are covered uner RTI? Please give illustration at length
Advocate Umesh
27 February 2011 at 12:26
Deputy Registrar issued recovery certificate u/s. 101 of Maharashtra Co-Op Societies Act, 1960.Then Spl. Recovery officer made recovery by attaching Salary and at present Certificate u/s. 101 has been fully satisfied. Even Rs. 24000/- excess recovery made by Spl. Recovery officer in contravention of CPC Provisions by making Continuously recovery more than 24 months. Then also recovery officer who is favour in society has not ready to stop recovery after giving notice in writing. What is the relief to defaulter?
Is there any e-copy for Maharashtra Co-Op Societies Act 1960 with rules?
Sudeshna Basu
27 February 2011 at 10:20
Dear Sirs,
I am a Kolkata Municipal corporation taxpayer and my taxes are up to date. Yet the KMC has not provided me with water for 11 years, because I have bought 2 floors of an old building and the owner of the ground floor refuses to sign a joint petition for me (he gets KMC water). Can I go to Consumer Court against the KMC?
Please help.
Regards,
MK Basu
Anonymous
27 February 2011 at 09:34
How to find the Rank of the4 Police Official with his stars and uniform
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contempt Case in CA at APAT
Sir,
I have filed a CA in APAT,hyderabad ,The respondents in CA have filed a wp in the Hon'ble HC ,Hyd supressing the facts and got orders against me . At this stage I have filed WVMP and got vavate orders may I file / press my CA which is at final stage in APAT,Hyd, Kindly give me suggestion
copy of the Hon'ble HC ,Hyd is below for ready reference.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
WEDNESDAY, THE FIFTH DAY OF JANUARY,
TWO THOUSAND AND ELEVEN
: PRESENT :
THE HON’BLE SRI JUSTICE : NOOTY RAMAMOHANA RAO
AND
THE HON’BLE SRI JUSTICE : K.G. SHANKAR
WV MP No. 3 of 2011
AND
WP MP No. 38896 of 2010
IN
WP NO. 30547 OF 2010
WP MP No. 38896 of 2010 :
Between:
1. The Govt. of A.P., rep. by its Principal Secretary to Govt. I & CAD Dept., A.P., Secretariat, Hyderabad
2. Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
...Petitioners
(Petitioners in WP 30547 of 2010
on the file of High Court)
AND
1. Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao, Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal
2. Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad, rep. by its Registrar.
...Respondents
(Respondents in-do-)
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to suspend the orders of the A.P. Administrative Tribunal, Hyderabad passed in O.A.No. 4042/2006 dated 21.01.2010 pending WP No. 30547 of 2010 on the file of the High Court.
WV MP NO. 3 OF 2011 :
Between:
Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao,
Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal.
…Petitioner
(Respondent No. 1 in W.P.No. 30547 of 2010
on the file of the High Court)
And
1. The Govt. of A.P., rep. by its Principal Secretary to Govt. I & CAD Dept., A.P., Secretariat, Hyderabad
2. Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
-2-
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
5. Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad, rep. by its Registrar.
…Respondents
(Petitioners 1 to 4 & Respondent No. 2 in-do-)
Petition under section 151 CPC praying that in the circumstances stated in the counter affidavit filed in the Writ Petition No. 30547 of 2010 , the High Court may be pleased to vacate the interim order dated 20.12.2010 passed in WP MP No.38896 of 2010 in WP No.30547 of 2010.
These petitions coming on for hearing, upon perusing the petitions and the affidavit fled in Writ Petition No. 30547 of 2010, the interim order of the High Court dated 20.12.2010, made in WP MP No.38896 of 2010 and the counter and reply affidavits filed therein and upon hearing the arguments of the Govt. Pleader for Services-II, for the Petitioners in WP MP No.38896 of 2010 and Respondents 1 to 4 in WV MP No.3 of 2011 and Sri Ch. Vishnumurthy, Party-in-Person, for the Respondent No.1 in WP MP No.38896 of 2010 and Petitioner in WV MP No.3 of 2011.
The Court made the following ORDER :
“This application has been moved seeking modification of the interim suspension granted on 20.12.2010 in W.P.M.P. No.38896 of 2010.
It is stated that the vacate stay petitioner has already been promoted as a Deputy Executive Engineer, Irrigation Department and is presently working as such. If the interim order of suspension is not modified, the prospects of his getting reverted are bright.
Therefore, the interim suspension granted on 20.12.2010 in W.P.M.P. No.38896 of 2010 shall stand modified and the vacate stay petitioner’s status existing as of now as Deputy Executive Engineer shall be continued.
W.V.M.P. is ordered accordingly.
Post the writ petition for “Final Hearing” on 14.03.2011.”
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The Principal Secretary to Government I & CAD Dept., A.P., Government of Andhra Pradesh, Secretariat, Hyderabad
2. The Engineer-in-Chief ( Admn. Wing ), Irrigation & CAD Dept., Jalasoudha Buildings, A.P., Hyderabad
3. The Superintending Engineer, I & CAD Department, SRSP Stage - II, Circle, Formerly Pochampad Investigation Circle ) K.C. Camp., Chintagutta, Warangal
4. The Superintending Engineer, I & CAD Dept., J.Chokka Rao Godavari Lift Irrigation Circle \ K.C. Camp. Chinthagattu, Warangal
5. Ch. Vishnu Murthy S/o. Ch. L. Narasimha Rao J. Chokka Rao, Godavari Lift Irrigation Circle, K.C. Camp, Chinthagattu, Warangal
6. The Registrar, Andhra Pradesh Administrative Tribunal, Purani Haveli, Hyderabad.
7. Two CCs to the GP for Services II, High Court of A.P., Hyderabad.(OUT)
8. Two spare copies.
H.A.
DRAFTED BY : H.A.
DATED : 06.01.11
APPROVED BY :
HIGH COURT
NRRJ
&
KGSRJ
DATED : 05.01.2011
POST THE WRIT PETITION FOR
“FINAL HEARING” ON 14.03.2011.”
ORDER :
WV MP No. 3 of 2011
AND
WP MP No. 38896 of 2010
IN
WP NO. 30547 OF 2010
DIRECTION
Ch.VishnuMurthy,
Party-in-Person
chvm05@gmail.com