Library Catalogue
Story of a chief justice
Bhat U L
Story of a chief justice - New Delhi Universal Law Publishing Co.Pvt.Ltd. 2013 - 457p xvii
CONTENTS
• Foreword
• Preface
• Table of Cases
1. Introductory
2. Birth, Studies and Choosing My Profession
3. Maturing as an Advocate
4. My Politics
5. My Still-Born Selection as Munsif
6. Order in the Case of K. George - 1959 Kerala Law Times Page 1145, is it Correct?
7. An Appreciation-(1983) I Labour Law Journal Page 299 (SC)
8. Selection and Appointment as District and Session Judge
9. My First Posting at Trivandrum
10. My Brief Stint at Trivandrum
11. On to Trichur
12. Four Years in Palghat
13. And so to Calicut
14. "And Back to Trivandrum"
15. Summation of Life as a District Judge
16. A Few Interesting Cases Decided by me as Sessions Judge
(i) Madhavan - The Deadman who Came Back
(ii) The Case of the Burning Wife
(iii) Case of Murder without Blood Stains
(iv) Failed Attempt to Suppress Insanity of Accused
(v) Suspected Unchastity Leading to Murder of Wife
(vi) The Case of Oleander Seed Poison
17. On the Process of Becoming a High Court Judge
18. Welcome to the High Court
19. First Day as High Court Judge
20. After My First Day
21. My Initial Reported Decisions
22. Hearing Writ Petitions
(i) Land Acquisition for Construction of Cinema Theatre for Film Development Corporation (1982 KLT 347)
(ii) Is Cochin Refineries Ltd. "State" within the Meaning of Article 12 of the Constitution?" (1982 KLT 553)
Story of a Chief Justice
(iii) A Law Student Argued and Won his Case (1982 KLT 598)
(iv) Who is to Pay a Special Public Prosecutor Appointed to Conduct a Sessions Case? (1982 KLT 605)
(v) Polygraphic Test and Lawyers' Presence (1984 KLT 356)
(vi) Crime Cases and Mass Media (1984 KLT 412)
(vii) Right of a Trade Union or Workers Attached to the Union to be Heard before Derecognition of the Union
(1984 KLT 888)
(viii) Non-Appointment by Government of Direct Recruit- District Judges-High Court Interfered on the Judicial
Side (1985 KLT 490)
23. Some of My Other Interesting Decisions
(i) Absolute Privilege of a Party to a Case (1985 KLT 574)
(ii) Rights of Divorced Muslim Wife under Muslim Women (Protection of Rights on Divorce) Act, 1986 [1988(2) KLT
(iii) Supposed Proprietary Right of the Husband Over the Person of the Wife [1989 (2) KLT 227]
(iv) Vypeen Hooch Tragedy and Anticipatory Bail (1983 KLT 916)
(v) Grant of Bail in Serious Smuggling Cases (1984 KLT 1)
24. A Great Personal Tragedy - Our Daughter Passes Away
25. Fellow Judges in the High Court of Kerala
A. Justice P.S. Potti
B. Justice T. Chandrasekhar Menon
C. Justice G.B. Nair
D. Justice V.S. Malimath
E. Justice M.P. Menon
F. Justice KS. Paripoornan
G. Justice V.S. Nair
H. Justice M. Fatima Beevi
I. Justice M.M. Pareed Pillai
J. Justice KT. Thomas
K. Justice K Sridharan
L. Justice KG. Balakrishnan
M. Justice T.L. Vishwanatha Iyer
N. Justice P. Krishnamoorthy
O. Justice B.M. Tulasidas
Contents xv
26. Lok Adalat Movement in Kerala
27. On to Guwahati
28. The Seven States and the High Court
29. A Few Interesting Cases Decided by me in Gauhati High Court
(a) Chakma Refugees
(b) Construction of Pleadings in Petition under section 125 of the Code of Criminal Procedure
(c) Order "Not to Arrest" is Improper
(d) Statutory Authority cannot Issue Directions to an Inferior Statutory Authority
(e) Usurpation by Government of the Power of High Court
(f) The Nagaland MLAs' Disqualification Case
(g) In what Manner is Prosecution to Prove that a Seized Liquid is Intoxicating Liquor
(h) Can Governor be the Appellate Authority over the Decision of the High Court in a Disciplinary
Proceeding Against a Judicial Officer?
30. Unsuccessful Efforts to Move South
31. 1993 Conference of High Court Chief Justices
32. Conference of State Chief Ministers and High Court Chief Justices
33. Swearing-in at Madhya Pradesh (Bhopal)
34. Taking Charge in Jabalpur and Thereafter
35. My Early Days in Madhya Pradesh
36. Is this how Appointments to High Court are to be Made? 296
37. Pilot Project and Joti (JOTRI) 304
38. A Few Interesting Cases Dealt with by me in M.P. High Court
(i) Can a Councillor Other Than Vice-President of a Municipal Council Preside Over Meeting to Consider No-Confidence Motion against the President, if the Vice-President is Present? 311
(ii) Example of Misuse of Public Interest Litigation
(iii) No Evidence to Connect the Injuries with Death
(iv) Restrictions in section 96(2) under Motor Vehicles Act
Apply in the Appellate Forum also 320
(v) 'Khula Manch' (Open House) Organised by the State
Government in Various Places is not Contrary to any
Constitutional or Statutory Provision 321
xvi Story of a Chief J
(vi) The Provisions of the Forest Act, 1927
(As Amended by M.P. Amendment Act, 1983)
(vii) Authority of the State Election Commission to
Interfere - Rejection by the Returning Officer -
Nomination Papers - Candidates for Sarpanch at
Panchayat Election
(viii) Power of the Sessions Judge while Convicting an
Accused to Direct the State to Pay Compensation to
Dependants of Victims Initially and to Recover the
Same Subsequently from the Accused and to Assume
Responsibility for the Education of the Children of
the Victim - Section 357 of Cr.P.c.
(ix) Absence of Police Officers in Court to Give Evidence
(x) Grant of Anticipatory Bail after the Magistrate has
Issued Process under section 204 of the Code or at
the Stage o Committal of the Case to the Sessions
Court or Even at Subsequent Stage, if Circumstances
so Justify
(xi) Can a Person Convicted under section 8 read with
section 18 of the N.D.P.S. Act, 1985, be Released
under the Provisions of M.P. Prisoners' Release on
Probation Act, 1954 and Rules Framed Thereunder
39. My "Supersession" and Thereafter
40. Good-Bye to Madhya Pradesh
41. New Delhi and Cegat
42. Work in the Cegat
43. Our Visit Abroad and End of Cegat Tenure
44. Beginning of a New Life as a Senior Advocate
in Bangalore
45. The English Medium Case
46. A Couple of Instances of Miscarriage of Justice
47. Judiciary - Training and Continuing Exposure to
World of Law
48. Judiciary - A Near Feudal set up and Superintendence
49. Epilogue.
9789350353653
1. Biographies
340.092000 / BHA-2
Story of a chief justice - New Delhi Universal Law Publishing Co.Pvt.Ltd. 2013 - 457p xvii
CONTENTS
• Foreword
• Preface
• Table of Cases
1. Introductory
2. Birth, Studies and Choosing My Profession
3. Maturing as an Advocate
4. My Politics
5. My Still-Born Selection as Munsif
6. Order in the Case of K. George - 1959 Kerala Law Times Page 1145, is it Correct?
7. An Appreciation-(1983) I Labour Law Journal Page 299 (SC)
8. Selection and Appointment as District and Session Judge
9. My First Posting at Trivandrum
10. My Brief Stint at Trivandrum
11. On to Trichur
12. Four Years in Palghat
13. And so to Calicut
14. "And Back to Trivandrum"
15. Summation of Life as a District Judge
16. A Few Interesting Cases Decided by me as Sessions Judge
(i) Madhavan - The Deadman who Came Back
(ii) The Case of the Burning Wife
(iii) Case of Murder without Blood Stains
(iv) Failed Attempt to Suppress Insanity of Accused
(v) Suspected Unchastity Leading to Murder of Wife
(vi) The Case of Oleander Seed Poison
17. On the Process of Becoming a High Court Judge
18. Welcome to the High Court
19. First Day as High Court Judge
20. After My First Day
21. My Initial Reported Decisions
22. Hearing Writ Petitions
(i) Land Acquisition for Construction of Cinema Theatre for Film Development Corporation (1982 KLT 347)
(ii) Is Cochin Refineries Ltd. "State" within the Meaning of Article 12 of the Constitution?" (1982 KLT 553)
Story of a Chief Justice
(iii) A Law Student Argued and Won his Case (1982 KLT 598)
(iv) Who is to Pay a Special Public Prosecutor Appointed to Conduct a Sessions Case? (1982 KLT 605)
(v) Polygraphic Test and Lawyers' Presence (1984 KLT 356)
(vi) Crime Cases and Mass Media (1984 KLT 412)
(vii) Right of a Trade Union or Workers Attached to the Union to be Heard before Derecognition of the Union
(1984 KLT 888)
(viii) Non-Appointment by Government of Direct Recruit- District Judges-High Court Interfered on the Judicial
Side (1985 KLT 490)
23. Some of My Other Interesting Decisions
(i) Absolute Privilege of a Party to a Case (1985 KLT 574)
(ii) Rights of Divorced Muslim Wife under Muslim Women (Protection of Rights on Divorce) Act, 1986 [1988(2) KLT
(iii) Supposed Proprietary Right of the Husband Over the Person of the Wife [1989 (2) KLT 227]
(iv) Vypeen Hooch Tragedy and Anticipatory Bail (1983 KLT 916)
(v) Grant of Bail in Serious Smuggling Cases (1984 KLT 1)
24. A Great Personal Tragedy - Our Daughter Passes Away
25. Fellow Judges in the High Court of Kerala
A. Justice P.S. Potti
B. Justice T. Chandrasekhar Menon
C. Justice G.B. Nair
D. Justice V.S. Malimath
E. Justice M.P. Menon
F. Justice KS. Paripoornan
G. Justice V.S. Nair
H. Justice M. Fatima Beevi
I. Justice M.M. Pareed Pillai
J. Justice KT. Thomas
K. Justice K Sridharan
L. Justice KG. Balakrishnan
M. Justice T.L. Vishwanatha Iyer
N. Justice P. Krishnamoorthy
O. Justice B.M. Tulasidas
Contents xv
26. Lok Adalat Movement in Kerala
27. On to Guwahati
28. The Seven States and the High Court
29. A Few Interesting Cases Decided by me in Gauhati High Court
(a) Chakma Refugees
(b) Construction of Pleadings in Petition under section 125 of the Code of Criminal Procedure
(c) Order "Not to Arrest" is Improper
(d) Statutory Authority cannot Issue Directions to an Inferior Statutory Authority
(e) Usurpation by Government of the Power of High Court
(f) The Nagaland MLAs' Disqualification Case
(g) In what Manner is Prosecution to Prove that a Seized Liquid is Intoxicating Liquor
(h) Can Governor be the Appellate Authority over the Decision of the High Court in a Disciplinary
Proceeding Against a Judicial Officer?
30. Unsuccessful Efforts to Move South
31. 1993 Conference of High Court Chief Justices
32. Conference of State Chief Ministers and High Court Chief Justices
33. Swearing-in at Madhya Pradesh (Bhopal)
34. Taking Charge in Jabalpur and Thereafter
35. My Early Days in Madhya Pradesh
36. Is this how Appointments to High Court are to be Made? 296
37. Pilot Project and Joti (JOTRI) 304
38. A Few Interesting Cases Dealt with by me in M.P. High Court
(i) Can a Councillor Other Than Vice-President of a Municipal Council Preside Over Meeting to Consider No-Confidence Motion against the President, if the Vice-President is Present? 311
(ii) Example of Misuse of Public Interest Litigation
(iii) No Evidence to Connect the Injuries with Death
(iv) Restrictions in section 96(2) under Motor Vehicles Act
Apply in the Appellate Forum also 320
(v) 'Khula Manch' (Open House) Organised by the State
Government in Various Places is not Contrary to any
Constitutional or Statutory Provision 321
xvi Story of a Chief J
(vi) The Provisions of the Forest Act, 1927
(As Amended by M.P. Amendment Act, 1983)
(vii) Authority of the State Election Commission to
Interfere - Rejection by the Returning Officer -
Nomination Papers - Candidates for Sarpanch at
Panchayat Election
(viii) Power of the Sessions Judge while Convicting an
Accused to Direct the State to Pay Compensation to
Dependants of Victims Initially and to Recover the
Same Subsequently from the Accused and to Assume
Responsibility for the Education of the Children of
the Victim - Section 357 of Cr.P.c.
(ix) Absence of Police Officers in Court to Give Evidence
(x) Grant of Anticipatory Bail after the Magistrate has
Issued Process under section 204 of the Code or at
the Stage o Committal of the Case to the Sessions
Court or Even at Subsequent Stage, if Circumstances
so Justify
(xi) Can a Person Convicted under section 8 read with
section 18 of the N.D.P.S. Act, 1985, be Released
under the Provisions of M.P. Prisoners' Release on
Probation Act, 1954 and Rules Framed Thereunder
39. My "Supersession" and Thereafter
40. Good-Bye to Madhya Pradesh
41. New Delhi and Cegat
42. Work in the Cegat
43. Our Visit Abroad and End of Cegat Tenure
44. Beginning of a New Life as a Senior Advocate
in Bangalore
45. The English Medium Case
46. A Couple of Instances of Miscarriage of Justice
47. Judiciary - Training and Continuing Exposure to
World of Law
48. Judiciary - A Near Feudal set up and Superintendence
49. Epilogue.
9789350353653
1. Biographies
340.092000 / BHA-2