Can you file PIL to Increase Retirement Age of Supreme Court and High Court Judges?
Recently one such petition was dismissed by Supreme Court.
Life span of people is increased. People (Politicians, Lawyers etc work effectively up to age 85).
A Supreme Court Judge retires at 65. High Court judge at 62.
They have to keep looking for jobs to keep them active up to 85.
They look forward to post-retirement dignified posts which only Govt can give.
This need can be decreased if age of High Court Judges is increased up to 68 and of Supreme Court Judges at 70.
But this a Govt and Legislative function. The Courts as of now cannot give any directions in this regard.
Haresh Raichura
2/10/13
October 2, 2013
October 1, 2013
Discussion between a Senior Advocate and a Junior Advocate- A day in Supreme Court.
Discussion between a Senior Advocate and a Junior Advocate-
A day in Supreme Court.
Junior Advocate suggested and instructed Senior Statements about what is to be submitted to court.
"No", said Senior Advocate. "That is a wrong statement. If you want to make that submission than you have to argue. I cannot appear."
Then he added, "I have two principles. 1) Do not make an incorrect statement to court. 2) Do not make a false statement to court."
-Haresh Raichura
1/10/13
A day in Supreme Court.
Junior Advocate suggested and instructed Senior Statements about what is to be submitted to court.
"No", said Senior Advocate. "That is a wrong statement. If you want to make that submission than you have to argue. I cannot appear."
Then he added, "I have two principles. 1) Do not make an incorrect statement to court. 2) Do not make a false statement to court."
-Haresh Raichura
1/10/13
Why matriculation certificate is looked differently in Juvenile Law and in Service Law: Reasons
Why matriculation certificate is looked differently in Juvenile Law and in Service Law: Reasons
1) In Service Law :Many times people give wrong birth date at time of joining service. Sometimes they do intentionally to gain some benefits and sometimes they do it due to bonafide mistakes.
Most service rules provide that such mistakes can be corrected within Two years of joining service. There are procedures prescribed under every rules.
Law is settled by Supreme Court that at fag end of service, neither government nor employee can change date of birth. The underlying principle is, for many years, employee keep getting benefits under certain age. Then, at time of his retirement, if he says that he is younger, entitled to more years of service,such plea cannot be entertained.
2) In Juvenile Law there are two relevant rules for this.
a) If a person was juvenile at time of committing crime, this question he can raise anytime. Even for first time in Supreme Court.
b) Juvenile Law says that Matriculation Certificate will be considered by courts as conclusive proof of age.
These are the main difference between these two laws.
The courts are bound to judge as per applicable laws.
Haresh Raichura
1/10/2013
-Haresh Raichura
1) In Service Law :Many times people give wrong birth date at time of joining service. Sometimes they do intentionally to gain some benefits and sometimes they do it due to bonafide mistakes.
Most service rules provide that such mistakes can be corrected within Two years of joining service. There are procedures prescribed under every rules.
Law is settled by Supreme Court that at fag end of service, neither government nor employee can change date of birth. The underlying principle is, for many years, employee keep getting benefits under certain age. Then, at time of his retirement, if he says that he is younger, entitled to more years of service,such plea cannot be entertained.
2) In Juvenile Law there are two relevant rules for this.
a) If a person was juvenile at time of committing crime, this question he can raise anytime. Even for first time in Supreme Court.
b) Juvenile Law says that Matriculation Certificate will be considered by courts as conclusive proof of age.
These are the main difference between these two laws.
The courts are bound to judge as per applicable laws.
Haresh Raichura
1/10/2013
-Haresh Raichura
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