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082 _a340.092000
_bBHA-2
100 _aBhat U L
245 _aStory of a chief justice
260 _aNew Delhi
_bUniversal Law Publishing Co.Pvt.Ltd.
_c2013
300 _a457p
_cxvii
365 _b Rs. 725
505 _aCONTENTS • 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.
650 _a1. Biographies
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