#ps: her name was victoria winters
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I'm pretty sure I've posted about this before, but I will never get over the fact that the only person who not only doesn't get sleeping pills pushed on them by Dr. Hoffman but is told no when he asks, is the ONE person who actually wants them.
That's American healthcare for you. Thanks, Obama!
#dark shadows#rewatch 2024#chris jennings#julia hoffman#walking pill mill#ps: her name was victoria winters#she vanished into the dark shadows
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Watcher's Chronicles - Victoria Gordon
"This has been quite eventful recently. Tori and Richie aided a friend of Richie's named Pete, who was working with a very much alive Horton. At least he was alive until Duncan's showdown with him and the dead ringer for Tessa, Lisa, who is very much dead now. Tori and Richie took bullets for both Joe and her mother, possibly the beginning of a friendship with Joe Dawson."
- Adeola Winters, Paris
PS. For the record, here's a list of the Quickenings Tori has taken as of right now after taking their heads.
1. Annie Delvin - Seacouver
2. Amber - San Francisco
3. Lucinda "Lucy" Grayson - Central City
#defenders chronicles highlander#defenders of the earth#tori gordon#richie ryan#highlander: the series#duncan macleod#tessa noel#joe dawson#janet elsionne
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07/18/2018 DAB Transcript
1 Chronicles 26:12-27:34, Romans 4:14-5:2 , Ps 14:1-7, Proverbs 19:17
Today is the 18th day of July. Welcome to the Daily Audio Bible. I am Brian. It is wonderful to be here with you today, making our way through the center of the week. I guess we're pretty much close to the center of the month and we are... What? Are we at the center of the summer? I'm not sure. But we'll center ourselves in the Scriptures as we take the next step forward. We're reading from the Christian Standard Bible this week. 1 Chronicles 26:12-27:34.
Commentary:
Okay. So in the book of Romans, Paul is indeed laying out through augment that faith preceded everything. Everything else about the Jewish people, everything that came afterward, faith is where it all started. And it was the faith of Abraham in particular that began this covenant that then became a child of promise who then had children and eventually we have the children of Israel. Everything that we've read through the Scriptures up to this point. This is one of Paul's most pivotal distinctions. It goes back to the beginning of the story and realizes faith is where it all started. So faith is where everything begins. Faith is what grants us access to God, not ritual and law. When we have faith, it is credited to us as righteousness through Jesus our Lord. So Paul kind of encapsulates the posture of our everyday lives in this faith in just a her few verses at the beginning of chapter 5 of Romans when he says, Since we've been declared righteous by faith, we have peace with God through our Lord Jesus Christ. We have also obtained access through him by faith into this grace in which we stand. And we rejoice in the hope of the glory of God. And not only that. We also rejoice in our afflictions because we know that affliction produces endurance, endurance produces proven character and proven character produces hope. This hope will not disappoint us because God's love has been poured out in our hearts through the Holy Spirit who was given to us. So there's a lot here in this grid that Paul was laying out. Everything begins with faith. When we have faith in Jesus, we are declared righteous through that faith and we have peace with God through Jesus. But we don't just have peace with God, we have access to God through this faith. Because God is gracious and extends grace and it is this grace in which we stand every single day, every single moment. And we rejoice in the hope of the glory of God. And then Paul talks about that hope. He talks about how not only do we rejoice in the hope of the glory of God, but we rejoice when we struggle. We rejoice in our afflictions because we know that this isn't purposeless. We know that this is doing something in us that is building and strengthening our faith. And if faith is where this whole thing begins, then we need as strong a faith as we can have. And so we know that affliction produces endurance, Paul says. Endurance produces proven character and proven character produces hope. And this hope will not disappoint us. And hope has been our word for the year. Hope is kind of the engine of faith. Hope lets us reach in anticipation for what we cannot see. But our faith is engaged and it can see. We all need hope on so many levels, but it's not something that just happens. Like you don't hope for something you have. You hope for something that you are hoping for. Which means that there is a distance between here and there, right? If you were hoping for something that you could just make happen instantly, than you just would. You wouldn't really need hope. You wouldn't really need faith. You would just do it. But the things that we hope in are the things that are not completed yet. And this isn't just in terms of faith, this is in general. But it's interesting what Paul is trying to tell us here. And that is there's really no hope if there's no resistance. If you didn't have to stand firm or step out in faith you wouldn't need hope. Hope is the thing that lets us reach out beyond the obstacles toward the goal. So let's remember that. Let's contemplate that today as we take inventory of our lives and the things that we are hoping in. And may our strongest hope be in Christ alone.
Prayer:
So Father, we thank You. We thank You for the book of Romans. We thank You for Paul's ability to unpack this and for us thousands of years later to be contemplating the inner regions of our soul. And we invite Your Holy Spirit into those places. Give us hope, Lord. We put our faith in You and we acknowledge that often it's in resistance that we grow strong. So Holy Spirit, come give us strength to navigate this day and navigate the rest of this week and the weeks ahead. I ask this expectantly, with hope, putting our faith in You and You alone. In Jesus name. Amen.
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And that's it for today. I'm Brian I love you and I'll be waiting for here tomorrow.
Community Prayer and Praise:
I thank You dear Lord at the start of this day for another opportunity to do things Your way to be humble and serve You in ways that are just faithfully filling my position of trust still I do have problems both present and past but with the help of Your spirit they too shall pass Your word is my lamp and a guide for my feet as I share the good news with all those I meet with my mind stayed on You my problems are few and there’s a peace that surrounds me in all that I do for I love You dear God and though sometimes I stray You still are my strength as I go through the day please fill me with power and anoint me with grace let the light from Your love shine bright on my face and all those I meet let them see You in me as my lips speak Your praises to all those I see for the love of the Christ and His death on the cross are the crux of my life all else is just ___ Lord be my strength come whatever may for I need You every moment as I go through this day
[email protected]. I’d like to give a shout out to Tito, Tito Ramirez, thanks for contacting me brother. Hope all is working itself out well. And I’d also like to give a shout out to Victoria Soldier. Good to hear your voice always. And, once again Brian, thank you for this wonderful podcast for God’s Holy Spirit to flow. Keep flow n’ y’all. All right. Bye-bye.
Hi DAB family. Cherry Chase, thank you so much for calling me out. Girl, I am still listening but I just haven’t called in because I feel like I have nothing to say. Seriously, nothing to say. But I was upstairs and thinking to myself, you know, that’s what the devil wants me to think. I am in a place just trying to put one foot before the other. Between watching the news and just what is going on in the world it is really depressing. Between people committing suicide, terrorist attacks, just the hate and all of the mean stuff is going on. I too am working in a company with people who all they see is race. It’s the first thing they see. I’m an African-American woman living in Germany. And let me tell you, it is no different. It’s just a different game over here. But nonetheless I find myself just not wanting to watch the news. I’m just trying to strive for finding something positive in the world whether it be through my husband or watching my son grow up but wondering what world is he living in? What is there?. And the only thing that gives me comfort is we walk by faith and not by sight. We walk by faith and not by sight. While I don’t feel it, I have to believe it because when I stop believing it there is nothing else. So, I just want to tell everyone that I am still here. I’m thinking of you all. I’m praying for you all. Brian and Jill and everyone behind the scenes at DAB, thank you for continuing this family. I covet your prayers. I think many of us are in the same state of, ahhh, I don’t know what else to say but we walk by faith and not by sight. I love you all. I’m thinking of you all. Hugging you all. Cheers, Asia in Munich.
He DAB brothers and sisters. This is Byron out in Florida. It is summertime and I wanted to talk to you guys about partnering with the DAB. So, when Brian says partnering every day he’s talking about coming up off your wallet and putting some money into the pot to keep the servers spinning and keep the podcast casting out where it needs to go. And what I’ve heard, not just from religious organizations but any kind of charitable organization is that giving tends to fall off during the summer months. Now, I don’t personally understand why this is the case but apparently it is. And, so, some organizations feel a little bit of a crunch when summertime comes and we’re all relaxing. But let me put this to you. The DAB has made it very easy to be able to give on a regular basis. You can just sign up your card or your bank account or whatever and it can come out easily month in and month out. Now the amount I give is extremely modest but it comes out regularly. It doesn’t care whether it’s the dead of winter or it’s in the middle of the summer. It’s going out and it’s putting in to give to the DAB. And here’s the other thing, how much more do we put money into things without fail that don’t have nearly the life-giving potential of the DAB? If you pay your Netflix bill month in month out with regularity, how much life-giving is that giving you compared to the DAB, your cable bill or whatever else that you get. For what we get out of DAB shouldn’t we at least be giving with regularity if not in an amount competitive with some of those other things that actually take life from us? So, go onto the site today, click on the give button, it’s super easy, set up your monthly gift, your weekly gift, your daily gift, I don’t know. And God will bless you. I’ve been blessed immensely by this service, much more than I could ever put in. And it’s worth it to be able to spread that out to other people.
Good morning family. This is Cherry Chase. Hope all is well. I want to call this morning to let, just in case, besides Brian, someone didn’t tell you that they love you. I want to tell you guys I love you. I love you. I love you. You guys have a great wonderful day. I just wanted to put that across to someone. If someone did not or don’t tell you they love you. I want to tell you I love you. And you guys have a great and wonderful and marvelous day.
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Allahabad High Court – A Walk Through History
This article is written by Sadhvi Bhardwaj, of Indore Institute of Law, Indore. This article deals with the origin of Allahabad High Court and its present working culture.
Introduction
Allahabad High Court – Structural Organisation
The Allahabad High Court consists of the officers and officials of Registry with the apex two posts Registrar General and Senior Registrar reserving for HJS (Higher Judicial Service) officers and both the posts are filled up from amongst one of the senior most HJS officers. Registrar General is the head of all the Officers and Officials working in the High Court. The Office staff at High Court of Judicature at Allahabad is broadly divided into four Cadres:
General office Cadre – General Office cadre is the nodal cadre for handling all the administrative and judicial work in the Hon’ble court and ensuring judicial work is carried out in a streamlined and time-bound manner.
BS Cadre and PS Cadre – BS (Bench Secretary) and PS (Private Secretary) cadres are specialized cadres and are attached to Hon’ble judges to assist them in judicial proceedings and other miscellaneous work. These posts are filled through departmental examination.
Computer Cadre- It consists of officers and officials in following hierarchy:
System Manager
Senior System Analyst
System Analyst
Programmer Gr. 1
Programmer Gr. 2
Computer Operator A, B & C
The origin of the High Court of Judicature at Allahabad.
The High Court in Allahabad was conceived on 18.06.1866 under the Royal Charter of Her Majesty Queen Victoria i.e. The Letters Patent of 17.3.1866. It procured its present status under the United Provinces High Courts (Amalgamation Order) 1948 upheld w.e.f 19.07.1948. The High Courts Act, 1861, ordered by British Parliament, accommodated the substitution of Supreme Courts of Calcutta, Madras, and Bombay and for the foundation of High Courts in their places. It likewise accommodated the foundation of High Courts in some other piece of Her Majesty’s regions, excluded in the purview of another High Court by Letters Patent.
The High Court in Allahabad was set up by the Letters Patent of 17.03.1866 for the North Western Province supplanting the old “Sudder Diwani Adalat” of Agra, which arrived at an end on 13.06.1866. The principal Chief Justice and the Judges of the High Court of North-Western Provinces at Allahabad were named in the above Letters Patent itself. For a long time, amid 1866 to 1869 the High Court in this manner framed, kept on working at Agra and it was not before the pre-winter of 1869 when the Chief Justice first sat at Allahabad.
Establishment of the new province – Oudh
In 1834, the Upper Provinces were isolated from the Presidency of Bengal and another administration of Agra was constituted which was superseded by the North-Western Provinces in 1836. The zone of North-Western Provinces and the territory of Oudh were named as United Provinces of Agra and Oudh in the year 1902. The entire territory was set under the ward of the Governor in 1921 on the execution of India Constitutional Reforms. After the decisions of 1920, a Legislative Council was framed at Lucknow in1921 and Lucknow was made the Capital. The territory was named “Joined Provinces” in 1937.
Prior, the domains of twelve areas of Oudh, to be specific, Lucknow, Faizabad, Sultanpur, Rai Bareilly, Pratapgarh, Barabanki, Gonda, Behraich, Sitapur, Kheri, Hardoi and Unnao, which were under the British Crown were brought under the locale of the Judicial Commissioner of Oudh at Lucknow vide the Government of India Order dated 04.02.1865. In 1925 vide U.P. Act No.IV of 1925, the Chief Court of Oudh was constituted with one Chief Justice and four puisne Judges swapping the Judicial Commissioner’s Court for the above Districts. In the above foundation, two courts i.e. the High Court in Allahabad for North-Western Provinces and the Chief Court of Oudh at Lucknow, were at the same time working and were practicing the forces of the High Courts over the separate domains. The current two courts additionally alluded to in Section 219 of the Government of India Act, 1935 were amalgamated and the new High Court of Judicature at Allahabad was set up w.e.f. 26.07.1948 under the United Provinces High Courts (Amalgamation Order) 1948 which was issued in activities of forces under Section 229 of the Government of India Act, 1935.
The Amalgamation Order of 1948
The High Court of Allahabad practices supervisory justice and control over the subordinate legal by uprightness of Bengal, Agra and Assam Civil Courts Act, 1887. The Amalgamation Order 1948 in Article 3 gives that the High Court in Allahabad and the Chief Court in Oudh might constitute one High Court by the name of the High Court of Judicature at Allahabad. Article 3 of the Amalgamation Order – 1948 is quoted below: –
“As from the appointed day, the High Court in Allahabad and the Chief Court in Oudh shall be amalgamated and shall constitute one High Court by the name of the High Court of Judicature at Allahabad (hereinafter referred to as “the new High Court”)”
A plain reading of Article 14 of the Amalgamation Order, 1948, makes it clear that the Judges of the High Court might sit at Allahabad or at such different places as the Chief Justice may name with the approval of the Governor. It additionally gives that at the very least two judges as the Chief Justice every once in a while, choose, should sit at Lucknow all together exercise jurisdiction and power in regard of cases emerging in the region of Oudh region. At the end of the day, a bench of the new High Court of Judicature was named at Allahabad with another bench or bench or at the very least two judges at Lucknow just for the twelve districts of Oudh territory. Article 14 of the Amalgamation Order 1948 is reproduced herein below: –
“The new High Court, and the Judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint: Provided that unless the Governor of the United Provinces with the concurrence of the Chief Justice otherwise directs, such judges of the new High Court, not less than two in number, as the Chief Justice may from time to time nominate, shall sit at Lucknow in order to exercise in respect of cases arising in such area in Oudh as the Chief Justice may direct, the Jurisdiction and power for the time being vested in the new High Court: Provided further that the Chief Justice may in His discretion order that any case or class of cases arising in the said areas shall be heard at Allahabad.”
Late enforcement of the Indian Constitution
The Constitution of India was authorized considerably later on after the development of the High Court of Judicature at Allahabad. In this manner, the High Court of Judicature at Allahabad isn’t a making of the Constitution of India. It owes its birthplace to the High Courts Act of 1861, Letters Patent of 1866 and the Amalgamation Order of 1948. The Constitution of India, not the slightest bit condenses, adjusts or influences the expert, ward, status and the presence of the High Court of Judicature at Allahabad. It, in any case, asserts and endorses of the High Court for each State including one for the State of U.P. Article 214 of the Constitution of India in unequivocal terms gives that there might be a High Court for each State. Article 214 of the Constitution of India is reproduced below: –
Art. 214: “There shall be a High Court for each State. “The place of sitting of the High Court at Allahabad, Lucknow and such other places as the Chief Justice may appoint, may not be misconstrued to mean creating a new High Court within the same State.
The absence of permanent bench in the court.
In a reported five judges choice of the Supreme Court of India on account of Nasirudin Vs. State Transport Appellate Tribunal, AIR 1976 SC 331, the Hon’ble Supreme Court following out the historical backdrop of the High Court of Judicature at Allahabad inferred that there is no perpetual bench of the High Court at Allahabad. The benches at Allahabad and Lucknow might be changed as per arrangements of the Amalgamation Order 1948 i.e. at the attentiveness of the Chief Justice with the endorsement of the Governor. The Chief Justice of the High Court has no energy to increment or diminishing the zones of the Oudh every now and then.
The Hon’ble Supreme Court in yet another case, Federation of Bar Association in Karnataka Vs. Association of India announced in JT 2000 SC 303 completely decided that there is no principal appropriate to have a bench of the High Court at somewhere else on the ground of separation nor the foundation of the bench can be chosen the enthusiastic and wistful contemplations. The High Court itself is the most appropriate apparatus to choose whether it is fundamental and attainable to have a bench outside the essential bench. At the point when the board of trustees of judges constituted by the Chief Justice has disfavoured the foundation of a bench, the Chief Justice can’t be pressurized to take an alternate remain through strikes and disturbance.
Formation of another bench in western Uttar Pradesh
It is from the newspapers that the present Union Minister of Law, Justice and Company Affairs had kept in touch with the Chief Justice of the Allahabad High Court looking for his supposition on the development of a bench of the High Court in western Uttar Pradesh. The Chief Justice on discussion with ten senior-most Judges of the Court had rejected agree to build up another bench of the High Court, as had been done progressively by the past Chief Justices before. In this specific situation, one can’t bear to dismiss report of Justice Jaswant Singh Commission which was set up to think about the modalities, attractive quality and the achievability of constituting or making a bench of the Allahabad High Court somewhere else in the State of U.P in perspective of the long-standing interest of a bench in western piece of the State. The Commission prescribed for a circuit bench at Agra from the separation perspective of the general population of the slope area of the State who was neither one of the wells associated by street or generally with Allahabad nor were had of adequate intends to movement such long separation for prosecution. In any case, the said proposals of the Commission lost all its importance once a different State of Uttaranchal was set up by the U.P State Reorganization Act, 2000 w.e.f. 9.11.2000 for the thirteen slope regions of the State of Uttar Pradesh, to be specific, Pauri Garhwal, Tehri Garhwal, Uttarkashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag, and Haridwar.
A different High Court for the State of Uttaranchal was constituted around the same time under Section 26 of the Act which enabled the President to advise the place of Principal bench of the High Court and the Chief Justice of the said High Court to tell, if important, extra place or places of sitting of the said High Court with the endorsement of the Governor. Indeed, generally, the said proposals of the Commission are of no outcome as there is nothing on record openly to demonstrate that the Government at any point acknowledged the said report.
Chief Justice of the Allahabad High Court.
The retiring age of Chief Justice is 62 years and Justice Dilip Babasaheb Bhosale is the present Chief Justice of the Court and following is the list of Chief Justices till date: –
Sl. No. Chief Justices Tenure 1. Walter Morgan (judge) 1866-1871 2. Robert Stuart 1871-1884 3. William Comer Petheram 1884-1886 4. John Edge 1886-1898 5. Louis Addin Kershaw 1898 6. Arthur Strachey 1898-1901 7. John Stanley 1901-1911 8. Henry Richards 1911-1919 9. Edward Grimwood Mears 1919-1932 10. Shah Muhammad Sulaiman 1932-1937 11. John Gibb Thom 1937-1941 12. Iqbal Ahmad 1941-1946 13. Kamala Kanta Verma 1946-1947 14. Bidhu Bhushan Malik 1947-1955 15. O.H. Mootham 1955-1961 16. Manulal Chunilal Desai 1961-1966 17. Vashishtha Bhargava 25/2/1966-7/8/1966 18. Nasirullah Beg 1966-1967 19. Vidyadhar Govind Oak 1967-1971 20. Shashi Kanta Verma 1971-1973 21. Dhatri Saran Mathur 1973-1974 22. Kunwar Bahadur Asthana 1974-1977 23. D. M. Chandrashekhar 1977-1978 24. Satish Chandra 1978-1983 25. Mahesh Narain Shukla 1983-1985 26. Hriday Nath Seth 1986 27. Kalmanje Jagannatha Shetty 1986-1987 28. Dwarka Nath Jha 1987 29. Amitav Banerji 1987-1988 30. Brahma Nath Katju 1988-1989 31. B. P. Jeevan Reddy 1990-1991 32. Manoj Kumar Mukherjee 1991-1993 33. S. S. Sodhi 1994-1995 34. A. Lakshman Rao 1995-1996 35. D. P. Mohapatra 1996-1998 36. N. K. Mitra 1999-2000 37. Shyamal Kumar Sen 8/5/2000-24/11/2002 38. Tarun Chatterjee 31/1/2003-26/8/2004 39. Ajoy Nath Ray 11/1/2005-26/1/2007 40. Hemant Laxman Gokhale 7/3/2007-8/3/2009 41. Chandramauli Kumar Prasad 20/3/2009-7/2/2010 42. Ferdino Rebello 26/6/2010-30/7/2011 43. Syed Rafat Alam 4/8/2011-8/8/2012 44. Shiva Kirti Singh 17/10/2012-18/9/2013 45. Dhananjaya Y. Chandrachud 31/10/2013-12/5/2016
Reporting and citation
The Allahabad High Court Judicature provides with private journals that report Allahabad High Court Judgements such as: –
Allahabad Criminal Cases
Allahabad Law Journal
Allahabad Daily Judgements
Allahabad Civil Journal
Allahabad Weekly Cases
Allahabad Rent Cases
Revenue Decisions
U.P. Local Bodies and Education Cases
Lucknow Civil Decisions (LCD)
Judicial Interpretation on Crimes (JIC)
Landmark decisions of the Allahabad High Court
There are plenty of cases lying under the Allahabad High Court, that are resolved or are waiting to get resolved but what had earned the court a great fame is its judicial participation in those cases which has resulted in shaping the Indian Legal System and obviously their unforgettable judgments made by the eminent jury. The court till date has delivered a number of judgments that kept the powerful ruling class in check and has played an important role in establishing the rule of law in India post-independence. Some of those are pen-down below:-
The Indira Verdict– Under this, the former Prime Minister Indira Gandhi was convicted by a single-judge bench of Justice Jagmohan Lal Sinha of the Allahabad High Court on 12 June 1975. Facts state that Indira Gandhi won the 1971 parliamentary election from Raebareli defeating Rajnarayan, a socialist leader. She was challenged by him on the grounds of violation of the Representation of the People Act, 1951 and electoral malpractices and was even found guilty. The court in her judgment prohibited her from contesting elections for six years and also excluded her of all electoral posts.
The Babri Judgement– Under the following, the Allahabad High Court ruled that Ram Lalla, the Nirmohi Akhara, and the Waqf Board will be the joint-title holder of the Ayodhya disputed land over ‘Babri Masjid-Ram Janmabhoomi’ suit and thus, the land will be divided into three settlements. This judgment was given after six years of filing suit by a special full bench of the court. The decision made was to distribute two-thirds of the disputed land to Hindu claimants, one-third to the Sunni Muslim Waqf Board. Also by the majority of 2-1, the court claimed that birthplace of Lord Ram was right beneath the central dome of the destroyed mosque.
The ban on ‘Caste Rallies’- The Allahabad High Court judgment over banning of caste rallies with immediate effect issuing notices to the Centre, Uttar Pradesh Government, in July 2013 was a prominent decision taken for refining politics. A bench of Justices Uma Nath Singh and Mahendra Dayal put brakes on such rallies in the most populated state of the nation via the pronouncement on a PIL lodged for the ban on rallies that target the caste of the common folk for gaining maximum votes during elections.
Kids to study only in ‘Government Schools’– Though the Indian Government Schools provide ninety percent (90%) children’s’ populace with the necessities required, still face the neglected situations. Looking at such, the Allahabad High Court in August 2015, gave a tremendous decision over the education of the children of all Government officials. The judgment was to send the children of all the Government authorities only to Government schools for getting educated. This was to ensure that these schools run in a good condition and the responsibility to keep a record and check of this was awarded to the Chief Secretary of Uttar Pradesh.
Judgment on the Triple Talaq– Of all the judgments till date, ‘Triple Talaq’ is the most controversial. At present, this atrocity has disturbed the judicial conscience and is lying pending in the apex court. However, the decision given by a single-judge bench of Justice Suneet Kumar in December 2017, is the most remarkable one. The Allahabad High Court considered the act of Triple Talaq to be cruel and unconstitutional. It impedes and drags India from being a nation and ruins the rights of Muslim wives. The court stated that no personal law can be above the Constitution and thus, has banned it.
Controversies
Being the nation’s largest high court, the Allahabad High Court has always been in the limelight due to various controversies regarding its judicature and the working of its law counselors. Some of the most recent controversial matters are discussed below:-
A list of 33 senior lawyers prescribed by the Allahabad high court collegium for the judgeship in the nation’s biggest high court has stirred a discussion with no less than 33% of them purportedly identified with sitting and resigned judges of the Supreme Court and the Allahabad HC. A portion of the recommended names incorporates the brother-in-law of a sitting SC judge, a first cousin of another SC judge other than children and nephews of a few previous judges of the apex court and the Allahabad HC. Altogether, no less than 10 advocates in the list of 33 are said to be identified with previous or sitting judges, other than a senior supporter who is allegedly the law partner of the wife of a senior politician in Delhi. The law ministry received several complaints from the Allahabad and Lucknow bar against the proposals and has asked the Intelligence Bureau (IB) for a record verification on every one of these legal advisors. It is likewise checking if the HC collegium has given sufficient opportunity to candidates from the SC/ST, OBC and minority networks, other than ladies. In the three arrangements of in excess of 83 recommendations made by the Allahabad HC since 2015, not very many had a place with OBC/SC/ST, ladies or the minority community.
The Supreme Court had issued a notice on 4 May’18 in an appeal filed by the Allahabad High Court against its own judgment dealing with the question of superintendence of the High Court over family courts. The High Court was represented by Advocates Jagjit Singh Chhabra and Yashvardhan while the matter was heard acknowledged by a Bench of Justice Ranjan Gogoi and Justice R Banumathi, which issued a notice to the respondent, Uttar Pradesh Judicial Services Association.
Chief Justice of India (CJI) Dipak Misra on 31 January’18 recommended the impeachment of Justice Shri Narayan Shukla, the eighth senior-most judge of the Allahabad High Court, following an adverse report about him by an in-house panel set up by the CJI. The Supreme Court noted how Justice Shukla, on September 4, even made some corrections to the September 1 order. When the impeachment motion is moved in Parliament, an investigation is conducted. If the findings of guilt are confirmed, the impeachment motion changes to removing of the judge through votes of the majority. However, the CJI has set the process in motion with a letter to the Prime Minister for the impeachment of the judge. The trigger was a scathing report of a misconduct by an internal probe into a medical college admission scam by the committee led by Madras High Court Chief Justice Indira Banerjee.
The Supreme Court on 22 October’18 upheld its controversial remarks that something was “rotten” in the Allahabad High Court where the “uncle judges syndrome” was rampant and needed cleansing. On 26 November’18, the remarks were made in a 12-page order while making the insinuation that several judges of the high court suffer from ‘uncle judge’ syndrome, which refers to judges passing favorable orders for parties represented by lawyers known to them. This remark was made because of the rejection of the arguments of senior counsel P.P Rao that even a clarification that some are excellent and good judges would still cause suspicion on the integrity of the judges. All this was done under the bench of justices Markandey Katju and Gyan Sudha Mishra while dismissing the Allahabad High Court’s application for expunging of the remarks.
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Allahabad High Court – A Walk Through History
This article is written by Sadhvi Bhardwaj, of Indore Institute of Law, Indore. This article deals with the origin of Allahabad High Court and its present working culture.
Introduction
Allahabad High Court – Structural Organisation
The Allahabad High Court consists of the officers and officials of Registry with the apex two posts Registrar General and Senior Registrar reserving for HJS (Higher Judicial Service) officers and both the posts are filled up from amongst one of the senior most HJS officers. Registrar General is the head of all the Officers and Officials working in the High Court. The Office staff at High Court of Judicature at Allahabad is broadly divided into four Cadres:
General office Cadre – General Office cadre is the nodal cadre for handling all the administrative and judicial work in the Hon’ble court and ensuring judicial work is carried out in a streamlined and time-bound manner.
BS Cadre and PS Cadre – BS (Bench Secretary) and PS (Private Secretary) cadres are specialized cadres and are attached to Hon’ble judges to assist them in judicial proceedings and other miscellaneous work. These posts are filled through departmental examination.
Computer Cadre- It consists of officers and officials in following hierarchy:
System Manager
Senior System Analyst
System Analyst
Programmer Gr. 1
Programmer Gr. 2
Computer Operator A, B & C
The origin of the High Court of Judicature at Allahabad.
The High Court in Allahabad was conceived on 18.06.1866 under the Royal Charter of Her Majesty Queen Victoria i.e. The Letters Patent of 17.3.1866. It procured its present status under the United Provinces High Courts (Amalgamation Order) 1948 upheld w.e.f 19.07.1948. The High Courts Act, 1861, ordered by British Parliament, accommodated the substitution of Supreme Courts of Calcutta, Madras, and Bombay and for the foundation of High Courts in their places. It likewise accommodated the foundation of High Courts in some other piece of Her Majesty’s regions, excluded in the purview of another High Court by Letters Patent.
The High Court in Allahabad was set up by the Letters Patent of 17.03.1866 for the North Western Province supplanting the old “Sudder Diwani Adalat” of Agra, which arrived at an end on 13.06.1866. The principal Chief Justice and the Judges of the High Court of North-Western Provinces at Allahabad were named in the above Letters Patent itself. For a long time, amid 1866 to 1869 the High Court in this manner framed, kept on working at Agra and it was not before the pre-winter of 1869 when the Chief Justice first sat at Allahabad.
Establishment of the new province – Oudh
In 1834, the Upper Provinces were isolated from the Presidency of Bengal and another administration of Agra was constituted which was superseded by the North-Western Provinces in 1836. The zone of North-Western Provinces and the territory of Oudh were named as United Provinces of Agra and Oudh in the year 1902. The entire territory was set under the ward of the Governor in 1921 on the execution of India Constitutional Reforms. After the decisions of 1920, a Legislative Council was framed at Lucknow in1921 and Lucknow was made the Capital. The territory was named “Joined Provinces” in 1937.
Prior, the domains of twelve areas of Oudh, to be specific, Lucknow, Faizabad, Sultanpur, Rai Bareilly, Pratapgarh, Barabanki, Gonda, Behraich, Sitapur, Kheri, Hardoi and Unnao, which were under the British Crown were brought under the locale of the Judicial Commissioner of Oudh at Lucknow vide the Government of India Order dated 04.02.1865. In 1925 vide U.P. Act No.IV of 1925, the Chief Court of Oudh was constituted with one Chief Justice and four puisne Judges swapping the Judicial Commissioner’s Court for the above Districts. In the above foundation, two courts i.e. the High Court in Allahabad for North-Western Provinces and the Chief Court of Oudh at Lucknow, were at the same time working and were practicing the forces of the High Courts over the separate domains. The current two courts additionally alluded to in Section 219 of the Government of India Act, 1935 were amalgamated and the new High Court of Judicature at Allahabad was set up w.e.f. 26.07.1948 under the United Provinces High Courts (Amalgamation Order) 1948 which was issued in activities of forces under Section 229 of the Government of India Act, 1935.
The Amalgamation Order of 1948
The High Court of Allahabad practices supervisory justice and control over the subordinate legal by uprightness of Bengal, Agra and Assam Civil Courts Act, 1887. The Amalgamation Order 1948 in Article 3 gives that the High Court in Allahabad and the Chief Court in Oudh might constitute one High Court by the name of the High Court of Judicature at Allahabad. Article 3 of the Amalgamation Order – 1948 is quoted below: –
“As from the appointed day, the High Court in Allahabad and the Chief Court in Oudh shall be amalgamated and shall constitute one High Court by the name of the High Court of Judicature at Allahabad (hereinafter referred to as “the new High Court”)”
A plain reading of Article 14 of the Amalgamation Order, 1948, makes it clear that the Judges of the High Court might sit at Allahabad or at such different places as the Chief Justice may name with the approval of the Governor. It additionally gives that at the very least two judges as the Chief Justice every once in a while, choose, should sit at Lucknow all together exercise jurisdiction and power in regard of cases emerging in the region of Oudh region. At the end of the day, a bench of the new High Court of Judicature was named at Allahabad with another bench or bench or at the very least two judges at Lucknow just for the twelve districts of Oudh territory. Article 14 of the Amalgamation Order 1948 is reproduced herein below: –
“The new High Court, and the Judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint: Provided that unless the Governor of the United Provinces with the concurrence of the Chief Justice otherwise directs, such judges of the new High Court, not less than two in number, as the Chief Justice may from time to time nominate, shall sit at Lucknow in order to exercise in respect of cases arising in such area in Oudh as the Chief Justice may direct, the Jurisdiction and power for the time being vested in the new High Court: Provided further that the Chief Justice may in His discretion order that any case or class of cases arising in the said areas shall be heard at Allahabad.”
Late enforcement of the Indian Constitution
The Constitution of India was authorized considerably later on after the development of the High Court of Judicature at Allahabad. In this manner, the High Court of Judicature at Allahabad isn’t a making of the Constitution of India. It owes its birthplace to the High Courts Act of 1861, Letters Patent of 1866 and the Amalgamation Order of 1948. The Constitution of India, not the slightest bit condenses, adjusts or influences the expert, ward, status and the presence of the High Court of Judicature at Allahabad. It, in any case, asserts and endorses of the High Court for each State including one for the State of U.P. Article 214 of the Constitution of India in unequivocal terms gives that there might be a High Court for each State. Article 214 of the Constitution of India is reproduced below: –
Art. 214: “There shall be a High Court for each State. “The place of sitting of the High Court at Allahabad, Lucknow and such other places as the Chief Justice may appoint, may not be misconstrued to mean creating a new High Court within the same State.
The absence of permanent bench in the court.
In a reported five judges choice of the Supreme Court of India on account of Nasirudin Vs. State Transport Appellate Tribunal, AIR 1976 SC 331, the Hon’ble Supreme Court following out the historical backdrop of the High Court of Judicature at Allahabad inferred that there is no perpetual bench of the High Court at Allahabad. The benches at Allahabad and Lucknow might be changed as per arrangements of the Amalgamation Order 1948 i.e. at the attentiveness of the Chief Justice with the endorsement of the Governor. The Chief Justice of the High Court has no energy to increment or diminishing the zones of the Oudh every now and then.
The Hon’ble Supreme Court in yet another case, Federation of Bar Association in Karnataka Vs. Association of India announced in JT 2000 SC 303 completely decided that there is no principal appropriate to have a bench of the High Court at somewhere else on the ground of separation nor the foundation of the bench can be chosen the enthusiastic and wistful contemplations. The High Court itself is the most appropriate apparatus to choose whether it is fundamental and attainable to have a bench outside the essential bench. At the point when the board of trustees of judges constituted by the Chief Justice has disfavoured the foundation of a bench, the Chief Justice can’t be pressurized to take an alternate remain through strikes and disturbance.
Formation of another bench in western Uttar Pradesh
It is from the newspapers that the present Union Minister of Law, Justice and Company Affairs had kept in touch with the Chief Justice of the Allahabad High Court looking for his supposition on the development of a bench of the High Court in western Uttar Pradesh. The Chief Justice on discussion with ten senior-most Judges of the Court had rejected agree to build up another bench of the High Court, as had been done progressively by the past Chief Justices before. In this specific situation, one can’t bear to dismiss report of Justice Jaswant Singh Commission which was set up to think about the modalities, attractive quality and the achievability of constituting or making a bench of the Allahabad High Court somewhere else in the State of U.P in perspective of the long-standing interest of a bench in western piece of the State. The Commission prescribed for a circuit bench at Agra from the separation perspective of the general population of the slope area of the State who was neither one of the wells associated by street or generally with Allahabad nor were had of adequate intends to movement such long separation for prosecution. In any case, the said proposals of the Commission lost all its importance once a different State of Uttaranchal was set up by the U.P State Reorganization Act, 2000 w.e.f. 9.11.2000 for the thirteen slope regions of the State of Uttar Pradesh, to be specific, Pauri Garhwal, Tehri Garhwal, Uttarkashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag, and Haridwar.
A different High Court for the State of Uttaranchal was constituted around the same time under Section 26 of the Act which enabled the President to advise the place of Principal bench of the High Court and the Chief Justice of the said High Court to tell, if important, extra place or places of sitting of the said High Court with the endorsement of the Governor. Indeed, generally, the said proposals of the Commission are of no outcome as there is nothing on record openly to demonstrate that the Government at any point acknowledged the said report.
Chief Justice of the Allahabad High Court.
The retiring age of Chief Justice is 62 years and Justice Dilip Babasaheb Bhosale is the present Chief Justice of the Court and following is the list of Chief Justices till date: –
Sl. No. Chief Justices Tenure 1. Walter Morgan (judge) 1866-1871 2. Robert Stuart 1871-1884 3. William Comer Petheram 1884-1886 4. John Edge 1886-1898 5. Louis Addin Kershaw 1898 6. Arthur Strachey 1898-1901 7. John Stanley 1901-1911 8. Henry Richards 1911-1919 9. Edward Grimwood Mears 1919-1932 10. Shah Muhammad Sulaiman 1932-1937 11. John Gibb Thom 1937-1941 12. Iqbal Ahmad 1941-1946 13. Kamala Kanta Verma 1946-1947 14. Bidhu Bhushan Malik 1947-1955 15. O.H. Mootham 1955-1961 16. Manulal Chunilal Desai 1961-1966 17. Vashishtha Bhargava 25/2/1966-7/8/1966 18. Nasirullah Beg 1966-1967 19. Vidyadhar Govind Oak 1967-1971 20. Shashi Kanta Verma 1971-1973 21. Dhatri Saran Mathur 1973-1974 22. Kunwar Bahadur Asthana 1974-1977 23. D. M. Chandrashekhar 1977-1978 24. Satish Chandra 1978-1983 25. Mahesh Narain Shukla 1983-1985 26. Hriday Nath Seth 1986 27. Kalmanje Jagannatha Shetty 1986-1987 28. Dwarka Nath Jha 1987 29. Amitav Banerji 1987-1988 30. Brahma Nath Katju 1988-1989 31. B. P. Jeevan Reddy 1990-1991 32. Manoj Kumar Mukherjee 1991-1993 33. S. S. Sodhi 1994-1995 34. A. Lakshman Rao 1995-1996 35. D. P. Mohapatra 1996-1998 36. N. K. Mitra 1999-2000 37. Shyamal Kumar Sen 8/5/2000-24/11/2002 38. Tarun Chatterjee 31/1/2003-26/8/2004 39. Ajoy Nath Ray 11/1/2005-26/1/2007 40. Hemant Laxman Gokhale 7/3/2007-8/3/2009 41. Chandramauli Kumar Prasad 20/3/2009-7/2/2010 42. Ferdino Rebello 26/6/2010-30/7/2011 43. Syed Rafat Alam 4/8/2011-8/8/2012 44. Shiva Kirti Singh 17/10/2012-18/9/2013 45. Dhananjaya Y. Chandrachud 31/10/2013-12/5/2016
Reporting and citation
The Allahabad High Court Judicature provides with private journals that report Allahabad High Court Judgements such as: –
Allahabad Criminal Cases
Allahabad Law Journal
Allahabad Daily Judgements
Allahabad Civil Journal
Allahabad Weekly Cases
Allahabad Rent Cases
Revenue Decisions
U.P. Local Bodies and Education Cases
Lucknow Civil Decisions (LCD)
Judicial Interpretation on Crimes (JIC)
Landmark decisions of the Allahabad High Court
There are plenty of cases lying under the Allahabad High Court, that are resolved or are waiting to get resolved but what had earned the court a great fame is its judicial participation in those cases which has resulted in shaping the Indian Legal System and obviously their unforgettable judgments made by the eminent jury. The court till date has delivered a number of judgments that kept the powerful ruling class in check and has played an important role in establishing the rule of law in India post-independence. Some of those are pen-down below:-
The Indira Verdict– Under this, the former Prime Minister Indira Gandhi was convicted by a single-judge bench of Justice Jagmohan Lal Sinha of the Allahabad High Court on 12 June 1975. Facts state that Indira Gandhi won the 1971 parliamentary election from Raebareli defeating Rajnarayan, a socialist leader. She was challenged by him on the grounds of violation of the Representation of the People Act, 1951 and electoral malpractices and was even found guilty. The court in her judgment prohibited her from contesting elections for six years and also excluded her of all electoral posts.
The Babri Judgement– Under the following, the Allahabad High Court ruled that Ram Lalla, the Nirmohi Akhara, and the Waqf Board will be the joint-title holder of the Ayodhya disputed land over ‘Babri Masjid-Ram Janmabhoomi’ suit and thus, the land will be divided into three settlements. This judgment was given after six years of filing suit by a special full bench of the court. The decision made was to distribute two-thirds of the disputed land to Hindu claimants, one-third to the Sunni Muslim Waqf Board. Also by the majority of 2-1, the court claimed that birthplace of Lord Ram was right beneath the central dome of the destroyed mosque.
The ban on ‘Caste Rallies’- The Allahabad High Court judgment over banning of caste rallies with immediate effect issuing notices to the Centre, Uttar Pradesh Government, in July 2013 was a prominent decision taken for refining politics. A bench of Justices Uma Nath Singh and Mahendra Dayal put brakes on such rallies in the most populated state of the nation via the pronouncement on a PIL lodged for the ban on rallies that target the caste of the common folk for gaining maximum votes during elections.
Kids to study only in ‘Government Schools’– Though the Indian Government Schools provide ninety percent (90%) children’s’ populace with the necessities required, still face the neglected situations. Looking at such, the Allahabad High Court in August 2015, gave a tremendous decision over the education of the children of all Government officials. The judgment was to send the children of all the Government authorities only to Government schools for getting educated. This was to ensure that these schools run in a good condition and the responsibility to keep a record and check of this was awarded to the Chief Secretary of Uttar Pradesh.
Judgment on the Triple Talaq– Of all the judgments till date, ‘Triple Talaq’ is the most controversial. At present, this atrocity has disturbed the judicial conscience and is lying pending in the apex court. However, the decision given by a single-judge bench of Justice Suneet Kumar in December 2017, is the most remarkable one. The Allahabad High Court considered the act of Triple Talaq to be cruel and unconstitutional. It impedes and drags India from being a nation and ruins the rights of Muslim wives. The court stated that no personal law can be above the Constitution and thus, has banned it.
Controversies
Being the nation’s largest high court, the Allahabad High Court has always been in the limelight due to various controversies regarding its judicature and the working of its law counselors. Some of the most recent controversial matters are discussed below:-
A list of 33 senior lawyers prescribed by the Allahabad high court collegium for the judgeship in the nation’s biggest high court has stirred a discussion with no less than 33% of them purportedly identified with sitting and resigned judges of the Supreme Court and the Allahabad HC. A portion of the recommended names incorporates the brother-in-law of a sitting SC judge, a first cousin of another SC judge other than children and nephews of a few previous judges of the apex court and the Allahabad HC. Altogether, no less than 10 advocates in the list of 33 are said to be identified with previous or sitting judges, other than a senior supporter who is allegedly the law partner of the wife of a senior politician in Delhi. The law ministry received several complaints from the Allahabad and Lucknow bar against the proposals and has asked the Intelligence Bureau (IB) for a record verification on every one of these legal advisors. It is likewise checking if the HC collegium has given sufficient opportunity to candidates from the SC/ST, OBC and minority networks, other than ladies. In the three arrangements of in excess of 83 recommendations made by the Allahabad HC since 2015, not very many had a place with OBC/SC/ST, ladies or the minority community.
The Supreme Court had issued a notice on 4 May’18 in an appeal filed by the Allahabad High Court against its own judgment dealing with the question of superintendence of the High Court over family courts. The High Court was represented by Advocates Jagjit Singh Chhabra and Yashvardhan while the matter was heard acknowledged by a Bench of Justice Ranjan Gogoi and Justice R Banumathi, which issued a notice to the respondent, Uttar Pradesh Judicial Services Association.
Chief Justice of India (CJI) Dipak Misra on 31 January’18 recommended the impeachment of Justice Shri Narayan Shukla, the eighth senior-most judge of the Allahabad High Court, following an adverse report about him by an in-house panel set up by the CJI. The Supreme Court noted how Justice Shukla, on September 4, even made some corrections to the September 1 order. When the impeachment motion is moved in Parliament, an investigation is conducted. If the findings of guilt are confirmed, the impeachment motion changes to removing of the judge through votes of the majority. However, the CJI has set the process in motion with a letter to the Prime Minister for the impeachment of the judge. The trigger was a scathing report of a misconduct by an internal probe into a medical college admission scam by the committee led by Madras High Court Chief Justice Indira Banerjee.
The Supreme Court on 22 October’18 upheld its controversial remarks that something was “rotten” in the Allahabad High Court where the “uncle judges syndrome” was rampant and needed cleansing. On 26 November’18, the remarks were made in a 12-page order while making the insinuation that several judges of the high court suffer from ‘uncle judge’ syndrome, which refers to judges passing favorable orders for parties represented by lawyers known to them. This remark was made because of the rejection of the arguments of senior counsel P.P Rao that even a clarification that some are excellent and good judges would still cause suspicion on the integrity of the judges. All this was done under the bench of justices Markandey Katju and Gyan Sudha Mishra while dismissing the Allahabad High Court’s application for expunging of the remarks.
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