Tag: courts

Himachal Pradesh High Court’s Landmark Order: A Beacon for Waste management Stewardship

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Shimla, Himachal Pradesh – In a landmark decision that underscores the judiciary’s commitment to environmental sustainability, the High Court of Himachal Pradesh through Hon’ble Justice Tarlok Singh Chauhan, has issued a comprehensive order, setting a new precedent for waste management and environmental protection in the state. The order, stemming from the case “Suleman vs. Union of India,” encompasses a wide array of directives aimed at enhancing waste management practices, promoting sustainable environmental policies, and ensuring strict compliance with environmental laws.(check earlier directions here https://lawumbrella.org/2023/11/26/high-court-of-himachal-pradesh-orders-stringent-implementation-of-solid-waste-management-laws/)

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Transfer of Judges – A Tool to Undermine the Institution of Justice

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The article was first published 3 years ago on February 27, 2020 at https://himachalwatcher.com/2020/02/27/transfer-of-judges-a-tool-to-undermine-the-institution-of-justice/

Justice S. Murlidhar of the Delhi High Court, who was hearing a petition on the Delhi Riots, sharply condemned both the government and police on Wednesday. His scathing remarks questioned the workings of the police. Following it, orders for his immediate transfer came late at night the same day to the Punjab and Haryana High Court.

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A Scrutiny of Administrative Decisions: The Tale of Sub-Tehsil Bagshad versus Tattapani

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Introduction:

In the intricate fabric of administrative law and governance, the creation of a Sub-Tehsil is primarily a matter of administrative convenience aimed at the efficient delivery of governmental services to the populace. However, when such administrative actions collide with public interest and perceived notions of fairness, they demand meticulous scrutiny. This article delves into a case where the creation of Sub-Tehsil Bagshad versus Tattapani in District Mandi raised complex questions about administrative decisions, public interest, and the scope of judicial review.

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Of Roaring Lions and Squeaking Mice!

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In the tapestry of legal history, there are moments that echo with resonance, revealing the courage of those who refuse to be silenced. Consider the words of Francis Bacon, who likened judges to “Lions under the throne,” guardians of justice and truth. Yet, as time unfurled its chapters, another narrative emerged. In the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy! sadly, this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:

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