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Tuesday, August 20, 2019
Friday, July 26, 2019
കെട്ടിട നികുതിയിൽ കബ്യൂട്ടറൈസേഷൻ നടപ്പിലാക്കി
കേരള സംസ്ഥാനത്തെ മുഴുവൻ പഞ്ചായത്തുകളിലും കെട്ടിട നികുതിയിൽ കബ്യൂട്ടറൈസേഷൻ നടപ്പിലാക്കി കഴിഞ്ഞു. എല്ലാവർക്കും http://tax.lsgkerala.gov.in/ എന്ന സൈറ്റിലെ citezen login ൽ പ്രവേശിച്ച് വാർഡ് നമ്പറും കെട്ടിട നമ്പറും enter ചെയ്താൽ കെട്ടിട ഉടമസ്ഥന്റെ പേര് ,മേൽവിലാസം, നികുതി തുക ,കുടിശ്ശിക വിവരങ്ങൾ ഇവ അറിയാനും, e-payment സംവിധാനം വഴി നികുതി അടയ്ക്കാനും സംവിധാനമുണ്ട്. കൂടാതെ തന്നാണ്ട് നികുതി അടച്ചിട്ടുള്ളവർക്ക് വിവിധ ആവശ്യങ്ങൾക്കുള്ള ഉടമസ്ഥാവകാശ സർട്ടിഫിക്കേറ്റുകൾ download ചെയ്യാനും സാധിക്കും. അപേക്ഷയോ സ്റ്റാമ്പോ ഫീസോ ഇല്ലാതെ 24 മണിക്കൂറും ഈ സേവനം ലഭിക്കുകയും ചെയ്യും, ഇത് ഒരു മൊബൈൽ ഫോൺ ഉപയോഗിച്ചും സാധ്യമാണ്'. പേരിലോ, മേൽവിലാസത്തിലോ നികുതിയിലോ പരാതിയുള്ളവർ ഈ ആഴ്ച്ചതന്നെ പഞ്ചായത്തിൽ നേരിട്ട് പരാതി നൽകി പരിഹരിക്കേണ്ടതാണ്. കാരണം ഇത് ഉടൻ തന്നെ ലോക്ക് ചെയ്യുന്നതാണ്. കെട്ടിട നികുതി കുടിശ്ശിക ഉള്ളവർക്കുള്ള പ്രതി മാസം 1 % പിഴപ്പലിശ ഇപ്പോൾ സർക്കാർ ഒഴിവാക്കിയിരിക്കുകയാണ്.
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Tuesday, July 16, 2019
one per cent additional court fee payable under Section 76 of the Court Fees and Suits Valuation Act ('the Act' for short) is leviable only in the manner provided for under Section 4A of the Act.
Kerala High Court
M.K.Jose vs The State Of Kerala on 7 April, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 25TH DAY OF AUGUST 2016/3RD BHADRA, 1938 WP(C).No. 26697 of 2016 (J) ---------------------------- PETITIONER(S): ------------- M.K.JOSE, AGED 62 YEARS, S/O. KURIAN, MARATTIKUZHIYIL HOUSE, PADIMARATHU P.O., ANANDASRAM (VIA), KASARAGOD DISTRICT-671 531. BY ADVS.SRI.T.R.RAVI SMT.CISSY MATHEWS SRI.JAWAHAR JOSE SRI.V.VINAY MENON RESPONDENT(S): -------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SHIRASTHAR SUB COURT, THALASSERY-670 101. R1 & R2 BY GOVERNMENT PLEADER SRI.ARAVINDAKUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/8/2016, THE COURT ON 25-08-2016 DELIVERED THE FOLLOWING: bp WP(C).No. 26697 of 2016 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1: COPY OF THE GOVERNMENT GAZETTE DATED 7.4.2016. RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.S. TO JUDGE bp C.R. P.B.SURESH KUMAR, J. = = = = = = = = = = = = = = WP.(C).No.26697 of 2016-J. = = = = = = = = = = = = = = Dated this the 25th day of August, 2016. J U D G M E N T
The petitioner seeks a declaration that the one per cent additional court fee payable under Section 76 of the Court Fees and Suits Valuation Act ('the Act' for short) is leviable only in the manner provided for under Section 4A of the Act.
2. Section 76 of the Act providing for constitution of the Legal Benefit Fund has been amended by virtue of the provisions contained in the Kerala Finance Bill, 2016. As per the amended Section 76, the Government is competent to levy an additional court fee, by notification in the Gazette, in respect of suits, at a rate not exceeding one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each original suit. In exercise of the power conferred by the amended Section 76 of the Act, Ext.P1 notification was issued by WP.(C).No.26697/2016-J.
which the Government have authorised levy by the civil courts an additional court fee in respect of each original suit at the rate of one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each original suit. The case of the petitioner is that he intends to file a suit before the Sub Court, Thalassery for realisation of certain amounts allegedly due from the Government and since the civil courts are insisting payment of the additional court fee provided for under Section 76 of the Act in lump sum, as a practice, he is constrained to pay large amounts by way of court fee at the time of institution of the suit itself. According to the petitioner, in the light of the provisions contained in Section 4A of the Act, only one tenth of the additional court fee payable under Section 76 can be levied at the time of institution of the suit and the balance can be levied only as provided for under the said Section. It is specifically pleaded by the petitioner in the writ petition that on account of the aforesaid practice, he is required to pay a sum of Rs.4,51,225/- towards additional court fee payable under Section 76 of the Act, at the time of institution of the proposed suit itself. WP.(C).No.26697/2016-J.
3. Heard the learned counsel for the petitioner as also the learned Government Pleader.
4. Section 76 of the Act, as amended by virtue of the Kerala Finance Bill, 2016 reads thus:
"76. Legal Benefit Fund:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the Government to levy an additional Court-fee, by notification in the Gazette, in respect of original petitions, original applications, appeals or revisions to tribunals or appellate authorities and original suits in civil court at a rate not exceeding one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each original suit, original petition, original application, appeal or revision.
(2) There shall be constituted a Legal Benefit Fund to which shall be credited-
(i) the proceeds of the additional Court-fee levied and collected under sub-section (1);
(ii) fifty per cent of the Court-fees levied and collected on mukhtarnama or vakalatnama under Article 16 of Schedule II of this Act.
(3) The fund constituted under sub-section (2) shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.
WP.(C).No.26697/2016-J.
(4) The mode and manner in which legal service to the people may be made more efficient and social security measures for legal profession may be provided, shall be as prescribed by rules made by Government."
A plain reading of Section 76 of the Act would indicate beyond doubt that it provides for constitution of a Legal Benefit Fund making use of a portion of the court fee levied under the Act. True, the statute provides for an additional levy for the said purpose. But, merely for the reason that the statute provides for an additional levy for constitution of the Legal Benefit Fund, the character of the levy will not be changed. So long as there is no change in the character of the levy, there cannot be any change in the mode of levy also. The mode of levy of court fee under the Act is dealt with under Section 4A of the Act. Section 4A of the Act provides categorically that it applies to every fee chargeable under the Act. Section 4A of the Act reads thus:
"4A. Levy of fee at the time of institution of suit:-
Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, WP.(C).No.26697/2016-J.
within such period not exceeding fifteen days as may be specified by the Court:
Provided that the Court may, for sufficient reasons to be recorded in writing, extend the period up to thirty days:
Provided further that if the parties settle the dispute within the period, specified or extended by the Court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance."
In the said circumstances, it is explicit that the additional court fee payable under Section 76 of the Act can be levied only as provided for under Section 4A of the Act. The petitioner, in the circumstances, is entitled to succeed.
In the result, the writ petition is allowed and it is declared that the one per cent additional court fee payable under Section 76 of the Act can be levied only in the manner provided for under Section 4A of the Act.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
Saturday, May 25, 2019
correctionof the date of birth in the Passport
1
COURT: KERALA HIGH COURT
DATE: 16 OCT, 2014
CITED BY: 46
CORAM: 1
.../genuineness of the certificate relied by the applicants for satisfying the genuineness put forward by them for correctionof the date of birth in the Passport. In...date of birth ofan applicant. It is upon the authority to decide the nature ofthe document required for correcting the date of birth inthe passport....files have already been destroyed, PIAs could use their discretion incorrection of date of birthwithout a Court Order, where such correction is only inmonths (not more than tw...
2
COURT: KERALA HIGH COURT
DATE: 21 DEC, 2009
CITED BY: 77
CORAM: 1
...sources of proof of date ofbirth, the Passport Issuing Authority should direct the applicant to obtain an order from the civil court certifying the valid date of birth....entry regarding the date of birth or place ofbirth in the passport, the Passport Issuing Authority may after verifying/satisfying himself, effect the necessary ...which issued the birth certificate or the school authorities registering the date of birth were to issue a subsequent correction or amendment, in such cases also, the Passport Issuing Aut...
ABDUL SUKKOOR SALAHUDEEN v. THE UNION OF INDIA
3
COURT: KERALA HIGH COURT
DATE: 22 MAY, 2018
CITED BY: 0
CORAM: 1
...petitioner that W.P.(c).No.13215 of 2018 :2: though he has approached the PassportIssuing Authority with a request for correction of the relevant entry in his passport as regards date ...PassportIssuing Authority till date for correction of date of birth inhis passport. It is also contended by the respondents inthe statement that ...corrected only in genuine cases and the case of the petitioner cannot be considered as a genuine one as the petitioner was making use ofthe passport with the alleged wrong date of birth for almost 40 year...
Mr. Napoleao Vitoria... v. 1. The Passport Offi...
4
COURT: BOMBAY HIGH COURT
DATE: 7 JAN, 2014
CITED BY: 0
CORAM: 2
...showing Rule 5.2(c) with regard to correction of date of birthin the passport. A special notification may apply for correction of ...AIR 2001 BOMBAY 60 in the case of Jigar Harish Shah v. Union of India6. The Passport Authority has relied upon the ...the Respondents.2. The Petitioner applied for a passport from the Passport Authorities under the Passport Act, 1967. The Petitioner produced his birthcertificate to substantiate the date...
5
COURT: KERALA HIGH COURT
DATE: 4 OCT, 2016
CITED BY: 0
CORAM: 2
...Mohan M. Shantanagoudar, C.J:— The appellant herein is the writ petitioner in W.P(C) No. 13159/15. The writ petition was filed seeking correction ofdate of birth in the ..., his date of birth is 27.1.1961 Inother words, he wants to get his date of birth corrected in the Passport, based on Ext.P3, Secondary School Leaving certificate, afte...dates of birth, can be considered by the Passport Issuing Authority. Incases where the applicant comes to the Passport Issuing Authority for change or correction with regard to date...
Subin Mohammed S. v. Union Of India
6
COURT: KERALA HIGH COURT
DATE: 23 DEC, 2015
CITED BY: 317
CORAM: 2
...circumstances, if there is any discrepancy in the date ofbirth as seen in the mark sheet and in the passport of the candidate, they may suffer substantial prejudice....University or the foreign Embassy will verify the date of birth as available in the passport along with the mark sheet and other credentials of the candidate to identify the person. Under such...to in the regulations and bye-laws would take in a change of date ofbirth based on the BirthCertificate since that is the...
Regional Passport Officer v. Kokilaben
7
COURT: GUJARAT HIGH COURT
DATE: 5 DEC, 2008
CITED BY: 25
CORAM: 2
...Authority under the Births and Deaths Registration Act is having over-riding effect over the entry made in the school leaving certificate and when there is difference in date of birth and name in two certi...file an affidavit along with relevant documents before a First Class Judicial Magistrate, praying for an order to correct the date of birth. The magistrate may conduct such inquiries as he deems fit and pass relevant orders...in all cases where the applicant seeks a change in the date of his birthas entered in a passport, he should be advised to produce the original copy of a declaratory order issued...
8
COURT: KERALA HIGH COURT
DATE: 6 SEP, 2016
CITED BY: 0
CORAM: 1
...The Judgment of the Court was delivered byP.B Suresh Kumar, J.:— The grievance of the petitioner is that his request for correction of the entries in his passport relatin...the date ofissue of the passport.2. The learned Assistant Solicitor General appearing for the respondents attempted to justify the stand of the authorities, relying on Office Memorandum No....Memorandum which provides that application for correction shall be submitted within five years from the dateof issue of the passport.3. This Court, in W.P (C) No. 7274 of ...
Raveendran Pillai v. Vice Consul, Consulate General Of India, Dubai
9
COURT: KERALA HIGH COURT
DATE: 12 AUG, 2011
CITED BY: 5
CORAM: 2
...precedent will have no binding effect.4. The petitioner's application (C.M.P No. 1942/2008) for correction ofdate of birth in the passportby issuing a declaratory order w...this court holding that the Judicial Magistrate can decide the question if moved in that behalf, for the purpose of altering the date of birth or place of birth in the passport. This court had to issue...applicant to approach a Judicial Magistrate for getting declaratory orders with regard to the date of birth and that if at all any such declaratory orders could be obtained from a court of law that...
SHAMMY V. SIMON v. UNION OF INDIA
10
COURT: KERALA HIGH COURT
DATE: 18 AUG, 2016
CITED BY: 0
CORAM: 1
...P.B Suresh Kumar, J.:— The grievance of the petitioner is that his request for correction ofthe entries in his passportrelating to the date of birth and the place ...entertained by the authorities under the Passports Act on the ground that he has not applied for correction of the entries within five years from the date of issue of the passport.2. The lea...Office Memorandum relied on by the respondents shall not stand inthe way of the passportauthorities entertaining genuine applications for correction ofthe entries in the passportrelat...
11
COURT: KERALA HIGH COURT
DATE: 29 NOV, 2017
CITED BY: 0
CORAM: 1
...K. Vinod Chandran, J.:— The petitioner is concerned with the correction of date of birth inthe Passport, applied for as per Exhibit P3.2. The petitioner's ...[O.M No. VI/401/2/5/2001 dated 26.11.2015] issued based on the judgment in Jayakumar. In the said Office Memorandum there is no restriction with reference to the difference in the date ofbirth; b...date of birth. This was also in compliance with the findings of this Court inJayakumar, wherein it was held that even if the difference sought to be corrected was of 20 years if a person...
S. Vijayakumar v. Regional Passport Officer
12
COURT: KERALA HIGH COURT
DATE: 19 OCT, 2015
CITED BY: 0
CORAM: 2
...to the Passport Issuing Authority to effect correction ofdate of birth. According to the petitioner, his actual date ofbirth is 21/11/1967 whereas the date ...circular issued by the Central Government with reference to correction ofdate of birth entries in the passport and having held that it shall be open for the petitioners/appellants to app...inW.P.C No. 9073/2015 and connected cases which was decided on 23/06/2015.2. InUnion of India v. Sunil Kumar [2015 (3) KLT 501], we have already relied upon the...
DEEVRAJ DHANYA BHAVAN GOPINATHAN NAIR v. UNION OF INDIA
13
COURT: KERALA HIGH COURT
DATE: 10 MAR, 2017
CITED BY: 0
CORAM: 1
...Shaji P. Chaly, J.:— This writ petition is filed by the petitioner being aggrieved by the non-consideration of his application for correction of date ofbirth in his ...application for correction of date of birth, if it is submitted after 5 years from the date of issuance of the Passport. Since the petitioner had to rejoin his employmen...respondent and was directed to obtain declaratory court order. In the meanwhile, O.M No. VI/401/2/5/2001 dated 22.09.2016 was issued, whereby it was clarified that an application for correction of date of ...
14
COURT: KERALA HIGH COURT
DATE: 9 MAR, 2016
CITED BY: 0
CORAM: 1
...A. Muhamed Mustaque, J.:— These batch of writ petitions are related to the correction ofdate of birth in the passport. The issue in these writ petitions is arising ou...direction of this Court in W.P (C) No. 9073 of 2015, issued the aforesaid Office Memorandum. By the aforesaid OM, the passport authority streamlined the procedure for entertaining the correction...relevant guidelines are as follows:“(i) Where an applicant claims clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification...
15
COURT: KERALA HIGH COURT
DATE: 7 OCT, 2016
CITED BY: 0
CORAM: 1
...request for Date of Birthcorrection. It is also stated that the Office Memorandum was issued pursuant to the observations made by this Court in the judgment dated 23.06.2015 in W.P (C) No. 9073 ...Authorities from entertaining any application for correction ofdate of birth, if the same is requested 5 years after the dateof issue of the Passport. Therefore, the c..., petitioner with his current Passport have already travelled abroad and his personal particulars including date of birth are registered with foreign Government/foreign employers. So any correction/change ...
Ali Imran v. Regional Passport Officer
16
COURT: ANDHRA PRADESH HIGH COURT
DATE: 1 APR, 2003
CITED BY: 11
CORAM: 1
.../instructions issued are as under (a) Where an applicant is seeking rectification/correctionof a mistake in the entry on date of birth/place of birth...competent authority issuing a birth certificate or an educational board registering a date of birth along with place of birth as valid were to issue any correction or amendment, PIA may e...petitioner is so advised, he may have to approach the Civil Court or the authorities under the Education Act seeking necessary correction of date of birth inthe Secondary School Certificate and t...
MOBAN K.MICHAEL v. UNION OF INDIA
17
COURT: KERALA HIGH COURT
DATE: 27 MAY, 2016
CITED BY: 0
CORAM: 1
...P.B Suresh Kumar, J.:— The grievance of the petitioner is that his request for correction ofthe entries relating to date ofbirth and place of birth in the ...entertained by the authorities under the Passport Act mainly on the ground that he has not applied for correction of the entry relating to date of birthwithin five years from the date...Memorandum relied on by the respondents shall not stand inthe way of the passportauthorities entertaining genuine applications for correction ofthe entries in the passportrelating to ...
Kokilaben Wo Jaswantlal Panchal v. Regional Passport Officer
18
COURT: GUJARAT HIGH COURT
DATE: 24 FEB, 2006
CITED BY: 1
CORAM: 1
...petition to direct the respondent passport authority to make necessary correction/s and/or the change/s in the passportwith respect to either date ofbirth and/or place of birth..., 1969 and that when they have approached the passportauthority for mentioning the dateof birth in the existing passport and/or in the fresh passport, the ...and/or order directing the respondent passport authority to make necessary correction in the passport to correct the date ofbirth in the passport as per the certificate issued b...
Resham Singh v. Union Of India (Uoi) And Anr.
19
COURT: PUNJAB & HARYANA HIGH COURT
DATE: 6 NOV, 2007
CITED BY: 6
CORAM: 2
...order dated 22.8.2007, passed by respondent No. 2, declining to vary/make a correction in the petitioner's Passport. 2. The petitioner was issued Passportbearing No. B0886182 on 13.10.1999, valid ...the Registrar of Births and Deaths. On receipt of the aforementioned certificate, the petitioner realised that his date of birth, as recorded inthe Births and Deaths register was 26.5.1962 and no...four weeks from the date of receipt of a certified copy of the order. 3. The Passport Officer, Jalandhar, vide order dated 22.8.2007 declined to make any correction in th...
Sakeena Sathar v. Passport Officer
20
COURT: KERALA HIGH COURT
DATE: 23 NOV, 2015
CITED BY: 0
CORAM: 1
...shown as Abdul Vaheed. The petitioner also wants to correct her husband's name as Abdul Sathar. The passport authority insisted for the production ofcourt order for the correctionof date of ...date of birth is shown as 30.5.1968 The petitioner wants a new passportshowing the date as shown inthe SSLC book.3. In the original passport the name of the peti....2. Correction of her name.3. Correction in the name of her husband.5. In relation to the correction of date of difference of birth, I am of t...
Nitaben Nareshbhai Patel v. State Of Gujarat And Ors.
21
COURT: GUJARAT HIGH COURT
DATE: 21 FEB, 2008
CITED BY: 30
CORAM: 1
...except the birth date. A former student of school, will therefore, find it very difficult to get the correction made in the school leaving certificate and that may cause such student unnecessary harassment...the passport authority was directed to correct the entries recorded inthe passport and not to straightaway refuse to entertain such correction whenever there is a dispute regarding date of...regarding date of birth or place of birth that is recorded in the Municipal Corporation/Panchayat's records and the school leaving certificate, the Passport Authority should not straighta...
Sunday, February 10, 2019
What Is Meant By ' *Taking Cognizance*' In Section 190 of CrPC?
*Know The Law*
What Is Meant By ' *Taking Cognizance*' In Section 190 of CrPC?
"Know The Law" is a series which explains the legal principles for the beginners in the legal profession
https://www.livelaw.in/know-the-law/taking-cognizance-in-section-190-of-crpc-142789
Tuesday, January 22, 2019
കേരള സംസ്ഥാനത്തെ മുഴുവൻ പഞ്ചായത്തുകളിലും കെട്ടിട നികുതിയിൽ കബ്യൂട്ടറൈസേഷൻ നടപ്പിലാക്കി കഴിഞ്ഞു. എല്ലാവർക്കും http://tax.lsgkerala.gov.in/
കേരള സംസ്ഥാനത്തെ മുഴുവൻ പഞ്ചായത്തുകളിലും കെട്ടിട നികുതിയിൽ കബ്യൂട്ടറൈസേഷൻ നടപ്പിലാക്കി കഴിഞ്ഞു. എല്ലാവർക്കും http://tax.lsgkerala.gov.in/ എന്ന സൈറ്റിലെ citezen login ൽ പ്രവേശിച്ച് വാർഡ് നമ്പറും കെട്ടിട നമ്പറും enter ചെയ്താൽ കെട്ടിട ഉടമസ്ഥന്റെ പേര് ,മേൽവിലാസം, നികുതി തുക ,കുടിശ്ശിക വിവരങ്ങൾ ഇവ അറിയാനും, e-payment സംവിധാനം വഴി നികുതി അടയ്ക്കാനും സംവിധാനമുണ്ട്. കൂടാതെ തന്നാണ്ട് നികുതി അടച്ചിട്ടുള്ളവർക്ക് വിവിധ ആവശ്യങ്ങൾക്കുള്ള ഉടമസ്ഥാവകാശ സർട്ടിഫിക്കേറ്റുകൾ download ചെയ്യാനും സാധിക്കും. അപേക്ഷയോ സ്റ്റാമ്പോ ഫീസോ ഇല്ലാതെ 24 മണിക്കൂറും ഈ സേവനം ലഭിക്കുകയും ചെയ്യും, ഇത് ഒരു മൊബൈൽ ഫോൺ ഉപയോഗിച്ചും സാധ്യമാണ്'. പേരിലോ, മേൽവിലാസത്തിലോ നികുതിയിലോ പരാതിയുള്ളവർ ഈ ആഴ്ച്ചതന്നെ പഞ്ചായത്തിൽ നേരിട്ട് പരാതി നൽകി പരിഹരിക്കേണ്ടതാണ്. കാരണം ഇത് ഉടൻ തന്നെ ലോക്ക് ചെയ്യുന്നതാണ്. കെട്ടിട നികുതി കുടിശ്ശിക ഉള്ളവർക്കുള്ള പ്രതി മാസം 1 % പിഴപ്പലിശ ഇപ്പോൾ സർക്കാർ ഒഴിവാക്കിയിരിക്കുകയാണ്.
https://chat.whatsapp.com/HiEXXKdn1Hk2l54S7gvaos
ഈ അവസരം എല്ലാ കെട്ടിട ഉടമസ്ഥരും ഉപയോഗിക്കുവാനും ഈ വിവരം എല്ലാവരിലേക്കും എത്തിക്കുവാനും താങ്കൾ അംഗമായ എല്ലാ ഗ്രൂപ്പുകളിലേക്കും താങ്കളുടെ ഫോണിലെ മുഴുവൻ Contact നമ്പറിലേക്കും ഇപ്പോൾ തന്നെ ഫോർവാഡ് ചെയ്യണമെന്ന് അപേക്ഷിക്കുന്നു.
Wednesday, December 5, 2018
Supreme Court – About Advocate Profession and Judge
Supreme Court – About Advocate Profession and Judge
(2015 (2) KCCR 1809 - High Court Of Karnataka Vs. Jai Chaitanya Dasa And Ors.)
1. Status of an Advocate as an officer of justice does not mean that he is subordinate to the Judge.
2. They are two branches of the same profession and neither is superior or inferior to other.
3. A discourteous judge is like an ill-tuned instrument in the setting of a court room.
4. It is questionably true that courtesy breeds courtesy and just as charity has to begin at home, courtesy must begin with the judge.
5. The bad behavior of one Judge has a rippling effect on the reputation of the judiciary as a whole.
6. When the edifice of judiciary is built heavily on public confidence and respect, the damage by an obstinate Judge would rip apart the entire judicial structure built in the Constitution
7. The legal profession is a solemn and serious occupation.
8. It is a noble calling and all those who belong to it are its honorable members.
9. Status of an Advocate as an officer of justice does not mean that he is subordinate to the Judge. It only means that he is an integral part of the machinery for the administration of justice.
10. They are partners in the common enterprise of the administration of justice.
11. The difference in their roles is one of division of labour only; otherwise they are two branches of the same profession and neither is superior or inferior to other.
12. Respect is not to the person of the Judge but to his office.
13. If the Judge has lost confidence of the Bar he will soon lose confidence of the public
14. The duty of courtesy to the Court does not imply that he should not maintain his self-respect and independence as his client's advocate.
15. Respect for the Court does not mean that the counsel should be servile.
16. It is his duty, while respecting the dignity of Court, to stand firm in advocacy of the cause of his client and in maintaining the independence of the Bar.
17. It is obviously in the interests of justice that an advocate should be secured in the enjoyment of considerable independence in performing his duties.
18. A strong Judge will always uphold the law, and that is also the aim of advocacy, even though the Judge and the advocate may differ in their point of view.
19. His status as an officer of justice does not mean that he is subordinate to the Judge. It only means that he is an integral part of the machinery for the administration of justice.
20. Advocates share with Judges the function that all controversies shall be settled in accordance with the law.
21. They are partners in the common enterprise of the administration of justice.
22. This fact is now recognized in India by the autonomy given to the Bar by The Advocate Act, 1961.
23. Judges cannot do without the help of advocates if justice is to be administered in accordance with law, and its administration is to command popular confidence.
24. It is the function of an advocate not merely to speak for the client, whom he represents, but also to act as officer of justice and friend of the Court.
25. The first duty which advocates and Judges owe to each other is mutual co-operation, that is a fundamental necessity.
26. Without it there can be no orderly administration of justice.
27. Nothing is more calculated to promote the smooth and satisfactory administration of justice than complete confidence and sympathy between Bench and the Bar.
28. If the Advocate has lost confidence of the Bench he will soon lose that of his clients.
29. A rebuke from the Bench may be fatal to his chances of securing a high standing at the Bar.
30. Similarly if the Judge has lost confidence of the Bar he will soon lose confidence of the public.
31. There is the danger of a Judge placing over emphasis on the dignity of the Court.
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