Accession of Kashmir

INSTRUMENT OF ACCESSION

Instrument of Accession executed by Maharajah Hari Singh on October 26, 1947

Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act 1935, shall with such omissions, additions, adaptations and modifications as the Governor General may by order specify, be applicable to the Dominion of India.

And whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.

Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and

1)      I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act').

2)      I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.

3)      I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State.

4)      I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly.

5)      The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.

6)      Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.

7)      Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.

8)      Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.

9)      I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.

Given under my hand this 26th day of October, nineteen hundred and forty seven.

Hari Singh

Maharajadhiraj of Jammu and Kashmir State.

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ACCEPTANCE OF ACCESSION BY THE GOVERNOR GENERAL OF INDIA

I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.

Mountbatten of Burma

Governor General of India.

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SCHEDULE OF INSTRUMENT OF ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION
LEGISLATURE MAY MAKE LAWS FOR THIS STATE

A. Defence

1. The naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion; any armed forces, including forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.

2. Naval, military and air force works, administration of cantonment areas.

3. Arms, fire-arms, ammunition.

4. Explosives.

B. External Affairs

1. External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India.

2. Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State; pilgrimages to places beyond India.

3. Naturalisation.

C. Communications

1. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication.

2. Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and services terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.

3. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

4. Port quarantine.

5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.

6. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.

7. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

8. Carriage of passengers and goods by sea or by air.

9. Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.

D. Ancillary

1. Election to the Dominion Legislature, subject to the provisions of the Act and of any Order made thereunder.

2. Offences against laws with respect to any of the aforesaid matters.

3. Inquiries and statistics for the purposes of any of the aforesaid matters.

4. Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the acceding State, not so as to confer any jurisdiction or powers upon any courts other than courts ordinarily exercising jurisdiction in or in relation to that State.


Courtesy : www.jammu-kashmir.com

Kashmir

Basic Facts about the state of Jammu & Kashmir

Basic Facts About Jammu & Kashmir Find out what Jammu & Kashmir is - and then ask the right questions about this unfortunate state, caught in the crossfire What is 'Jammu & Kashmir'?  Jammu & Kashmir is a state in India. It is a large state and was ruled by a Maharaja (Indian King) in the past. Jammu & Kashmir is made up of many regions but is called Jammu & Kashmir because the two most populous regions in the state are called Jammu and Kashmir. There are other distinct regions in the state including Ladakh, Gilgit, Baltistan and Skardu. India's neighbour, Pakistan, grabbed many of these regions about 50 years ago. Some parts of the state were forcibly taken over by China. The largest portion of the original state of Jammu & Kashmir remains as a state within India. What is Kashmir? Kashmir is a beautiful valley in the northernmost part of India. It is part of a state called Jammu & Kashmir. The Kashmir Valley is surrounded by some of the highest mountain ranges in the world. The valley itself is green and thickly populated. The people of this Valley are highly evolved and have therefore dominated the history and culture of the state. Where is India? India is in the southern part of Asia. It is the world's seventh largest country and second only to China in terms of population. In short, it is a huge country. Like the United States of America, India is made up of a number of states. Each state has its own laws and customs but in important national matters, like national security and foreign affairs, each state must obey the Central government based in New Delhi. In the USA, a governor rules each state. Similarly, in each Indian State, the people of the state elect a ruler who is called the chief minister. What is Pakistan? Pakistan is a southern Asian country that neighbours India. It was originally a part of India. In 1947, when the British left India, some Muslims wanted a country of their own and got it. This new country was called Pakistan. The leaders of Pakistan felt that they should rule all areas of India where people belonging to the Muslim faith were in a majority. The majority of people in Jammu & Kashmir were Muslims, while others were Hindus and Buddhists. Some Muslims in Jammu & Kashmir wanted to be part of Pakistan while most others did not want that. But the rulers of Pakistan felt that if they could capture Jammu & Kashmir by military force, then the people would have to accept their rule. That is why they attacked the state of Jammu & Kashmir in 1947. At that time, a Maharaja ruled Jammu & Kashmir. Pakistani troops overran most of the state and the Maharaja had to escape to India. He asked India for help and merged his state with India. This was called the accession of the state of Jammu & Kashmir to India. Some Pakistani leaders to this day are unhappy that the whole of Jammu & Kashmir is not part of Pakistan. What exactly happened in 1947?  Jammu & Kashmir in the year 1947 was an independent country for all practical purposes. The Maharaja who ruled the State had signed agreements with both Pakistan and India to remain neutral and not be part of either country. India honoured that agreement but Pakistan did not. Pakistani raiders and soldiers attacked the state in 1947 forcing the Maharaja to flee to India. The Maharaja asked India to help his people who were being killed and looted by the Pakistani raiders. He also agreed to make Jammu &; Kashmir part of India. The Indian ruler at that time was Prime Minister Jawaharlal Nehru. He accepted Jammu &; Kashmir's accession to India and agreed to rescue his people from the Pakistani attackers. Indian troops were flown into the Kashmir Valley and they managed to drive away most of the Pakistani raiders from the state. But a large area of the state remained under the control of Pakistani soldiers. These areas were difficult to reach because they were surrounded by tall mountain ranges. Also, India wanted to stop the fighting. The fighting ended with Pakistan retaining control of a large area of the state but India keeping a larger part. How did the fighting end? The fighting ended in the beginning of 1949 because India did not want the war to drag on. India felt that other influential countries like the US and Britain would ask Pakistan to stop fighting and withdraw its soldiers from a State that had legally become part of India. India therefore went to the world body called the United Nations, or UN for short. India said that Pakistan had attacked a neutral State and that State had now become part of India. Therefore, Pakistan should withdraw its soldiers from the State. The United Nations agreed with the Indian demand and asked Pakistan to withdraw its forces from Jammu & Kashmir. It also told India to ask the people of Jammu & Kashmir whether they wanted to be part of India or part of Pakistan. This was because some people in the State wanted to join Pakistan while others wanted to stay with India. The Prime Minister of India agreed to ask the people what they wanted through a process known as a referendum or plebiscite. Pakistan did not agree and refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed. Because of this a plebiscite could not be held. Powerful countries like the US and Britain did not force Pakistan to withdraw its troops from Kashmir. They simply termed the entire State as a ‘Disputed Territory.’. Why was Jammu & Kashmir termed "Disputed Territory"?  This was done essentially because both India and Pakistan claimed the state of Jammu & Kashmir. The big powers, like the US and Britain, did not want to take sides and might have felt that it would be best if the problem of the state could be settled between India and Pakistan. India wants to settle the problems once and for all. But Pakistan will only accept a solution under which it can keep the Kashmir Valley to itself. India cannot allow this. Therefore, the so-called "dispute" continues to this day. But what is the legal position on Jammu & Kashmir?  Legally, Jammu & Kashmir is an integral and inseparable part of India. The British had ruled India as one undivided country made up of many provinces and princely states. When they left, India was partitioned into two separate countries. The new country, as mentioned earlier, was called Pakistan. The British as well as the leaders of both India and Pakistan had agreed to one basic principle - every inch of land must go either to India or to Pakistan. In other words, people living in India before the partition of 1947, had only two options: they could either join Pakistan or they could join India. They could not remain independent. Jammu & Kashmir was actually an exception. The Maharaja of the State had wanted time to decide whether he should join Pakistan or join India. But the rulers of Pakistan did not want to give him the opportunity to decide and instead attacked his state, killing hundreds of people and causing extensive damage to property. The Pakistani action forced the Maharaja to join India. Was the Maharaja's decision to merge his state with India legal?  It was absolutely legal. According to the agreement on which the partition of India was based, the rulers of princely states, like Jammu & Kashmir, had the absolute right to decide whether they wanted to join Pakistan or India. There was never any question of holding a referendum or a plebiscite. All the same, the then Prime Minister of India, Pundit Jawaharlal Nehru, agreed to hold a plebiscite because he was a democrat and wanted to find out what the people of the state of Jammu & Kashmir wanted. Then why was a plebiscite not held? The plebiscite was not held because Pakistan refused to vacate the large parts of Jammu & Kashmir that had been occupied by its soldiers. The plebiscite was meant for all the people of the state of Jammu & Kashmir and not just for those who lived in the Kashmir Valley. But the Pakistanis felt that the parts of the state they had captured was theirs and would not part with it. Pakistan defied the agreement reached by the world body called the United Nations and refused to vacate its troops. The powerful countries of the world did nothing to ensure that Pakistan honoured the UN Resolutions on Jammu & Kashmir. India could not therefore hold a plebiscite. Why could not India hold a plebiscite in the part of Jammu & Kashmir it controls?  In 1947, when the Pakistanis attacked Jammu & Kashmir, the most popular leader of that state was a man named Sheikh Abdullah. He was a friend of the Indian Prime Minister, Pundit Jawaharlal Nehru. Both men believed in secularism, which is a concept that allows people of all religions and creeds to live together. Pakistan, on the other hand, was created on the basis of religion. The leaders of Pakistan wanted a country where only Muslims would rule. Indian leaders, on the other hand, felt that anybody could rule as long as the people elected that person. Sheikh Abdullah preferred the idea of secularism. He therefore wanted Jammu & Kashmir to be part of India rather than part of Pakistan. At the same time, the Hindus who were a majority in the Jammu region, also did not want to join Pakistan. Nor did the Buddhists of Ladakh. Since all these groups wanted to be with India, there was no point in holding a referendum on the Indian side of Jammu & Kashmir. Also, in 1954, the people on the Indian side of Jammu & Kashmir elected a government of their own. This government made it clear that their state was part of India and not part of Pakistan. Officially speaking, they "ratified Jammu & Kashmir's accession to India". This meant that henceforth there could be no question of holding a plebiscite in the state of Jammu & Kashmir. Why cannot a plebiscite be held today? A plebiscite cannot be held today for two reasons. Firstly, Pakistan continues to illegally occupy a large chunk of Jammu & Kashmir and does not allow the people here any freedom of choice. In most parts of the Pakistani occupied part of Jammu & Kashmir, the local people have no democratic rights. They cannot elect a government and they cannot dare to even talk against Pakistan for fear of being killed. For all practical purposes, the territory and the people captured by Pakistan in 1947 have been incorporated into Pakistan. These people have always been ruled by Pakistan and have not been given the opportunity to learn what democracy is all about. Unless, Pakistan agrees to give them a chance to participate in a plebiscite, it will be of no use. Secondly, Jammu & Kashmir became a legal, integral and inseparable part of India many many years ago. Today, no Indian government can allow some people in Jammu & Kashmir to break away from India. The Indian government tolerates some people in Jammu & Kashmir who talk about separation from India but does not like them. In other countries, people who want to break apart a country by creating a separate independent country are called traitors. They are usually punished by hanging. India is a more tolerant country. Why is there so much trouble in Kashmir nowadays?  This is because a section of leaders belonging to the Kashmir Valley want to break away from India. Some of them want to form a separate country while others want to join Pakistan. Making such demands is against the law. The Indian government has been forced to arrest some of these leaders and put them in prison. Most of them have later been released. Some of them, however, decided to become terrorists and started to kill people in the Kashmir Valley and in other parts of the state. To protect the lives of people and to counter these terrorists, the Indian government posted soldiers in the Kashmir Valley. The terrorists then started killing these soldiers as well. The soldiers started fighting back and for all practical purposes, the Kashmir Valley became a battlefield. Indian soldiers have killed many terrorists but some remain to this day and continue to frighten the people of Jammu & Kashmir. How did Kashmiri terrorists dare to take on Indian soldiers? Kashmiris are basically a proud people. The younger generation also showed that they are a brave people. When their elders and intellectual leaders told them about the glorious victories of Islam and how India had reneged on its promise for a plebiscite, the Kashmiri youth felt they had to take up the gun against the Indian security forces. This happened because some leaders in the Kashmiri Valley, who were unhappy about the fact that they could not rule, decided that they would force the Indian government to leave the Valley. These leaders knew they could not fight the Indian government by themselves. So they went to Pakistan. There the Pakistani leaders assured them all help because the Pakistanis felt that if India was forced to give up the Kashmir Valley, then they would grab it for themselves. They decided to help the Kashmiri leaders who wanted to separate from India. The Pakistanis trained Kashmiri youth to fight, set off bombs and carry out assassinations. They also gave them money and weapons of all kinds. These Kashmiri youth went back to the Valley and started a reign of terror in 1989. They became known freedom fighters as first and then later as terrorists. Now most Kashmiri youths are disillusioned and have stopped fighting but are still called terrorists, when actually those fighting are mainly from Pakistan Occupied Kashmir, Pakistan and Afghanistan. These people are also looting Kashmiris and indulging in forced adulterous relations with many Kashmiri women. What is the situation in the Kashmir Valley today? Most Kashmiris are disillusioned with all the killing and fighting. They want peace. Elections were held in Kashmir and Dr. Farooq Abdullah, the leader of Jammu & Kashmir's main political party, the National Conference (NC), was elected Chief Minister. He is ruling the state today and has clearly said that Jammu & Kashmir cannot and will not be part of Pakistan. He has pledged full support to the Indian government to fight against the terrorists and the traitors who want to break away from India. There are other Kashmiri leaders, who wish to see the state return to normalcy and the people have a better life. Why does violence continue in Kashmir? When Kashmiris began to grow disillusioned with the fighting, the Pakistanis realised that an opportunity to grab the Kashmir Valley was slipping out of their hands. They therefore trained people from Pakistan, Afghanistan and other places to fight in Kashmir. Most of these new fighters were mercenaries and were paid to fight in Kashmir. These mercenaries were also told that the Muslim faith was in danger and that they were fighting a Jihad or Holy War. These are the people who are creating the most trouble in the Kashmir Valley today. They are also responsible for killing former Kashmiri terrorists who have stopped fighting. These foreign mercenaries have no love for the ordinary Kashmiri and have caused them a lot of harm, killing their men and raping their women. They are also responsible for the abduction of six foreign tourists in 1995. One of the tourists, who was an American, managed to escape while another, a Norwegian, was cruelly beheaded. The other four tourists were also killed in cold blood but their bodies were never found. What do the people in other parts of Jammu & Kashmir feel? The people in other parts of the Indian side of Jammu & Kashmir are very alarmed with all the fighting in the Kashmir Valley. They are also afraid of the demands for separating Jammu & Kashmir from India. They want to be part of India and in recent years have been demanding that the state of Jammu & Kashmir be broken up and the other main regions, including Jammu & Ladakh, be put under direct rule of the Central Government in New Delhi. But the Indian government does not want Jammu & Kashmir to be broken up any further. What about the people on the Pakistani side of Jammu & Kashmir? The Pakistani side of Jammu & Kashmir has been divided into two main parts. The largest part is called the Northern Areas. Here the people have no political or human rights and are ruled directly by Pakistan. They cannot express an opinion. But of late they have begun to rebel against Pakistan. The Pakistani Army has crushed these rebellions with brute force. The other part of Pakistan Occupied Kashmir is a tiny portion called Azad Jammu & Kashmir. Azad in the Urdu language means free. The people settled here are also not very happy with Pakistan but know that they cannot gain independence even though theirs is a supposedly a "free" country. Their leaders are supported by Pakistan and given lots of money. These leaders are comfortable with Pakistan and want to remain in Pakistan. Others do not want to stay in Pakistan but most do not dare protest for fear of being killed or imprisoned. Will peace ever come to Kashmir?  Yes, it will. The elected Chief Minister of Jammu & Kashmir has promised to end terrorism in his state with the help of the Indian government. The common man in Jammu & Kashmir also wants peace and the resumption of normal life. Once the people of Kashmir can safely vent their feelings and foreign mercenaries are captured or killed, peace has to come. But peace can never come if the Kashmiri decides to go on fighting. His honour has to come first. For this, Pakistan too has a role to play. It must stop sending the so-called Holy Warriors of Islam into Kashmir. The present dictator of Pakistan realises that Islamic fundamentalists are destroying Pakistan and he has ordered a crackdown against them. Once they are finished as a force, peace will surely come Kashmir’s way. How can others help? The violence in Jammu & Kashmir continues because terrorists fighting here are helped by Pakistan. The government of Pakistan refuses to reconcile to the fact that Jammu & Kashmir is part of India. Therefore, the Pakistanis do not want peace to return to Jammu & Kashmir. They are determined to keep the fires of violence and hatred burning on the Indian side of Jammu & Kashmir. In the meanwhile, innocent people in Kashmir are getting caught in the crossfire. People from all over the world can help by urging their leaders to tell Pakistan to accept the reality in Kashmir and negotiate a final settlement with India so that both countries can live in peace. The government of India and Pakistan also must be told that there can be no solution to the problem of Jammu & Kashmir without consulting all the peoples of the state, including those living outside the Kashmir Valley. Everybody can help by further urging Pakistani leaders to stop sending mercenaries to the Kashmir Valley and urging the Indian government to treat all Kashmiri fighters as freedom fighters and not terrorists. The Government of India must also be urged to recall most of its troops from the state and accord it the autonomy promised by the late Pundit Nehru. If this can be done, then Jammu & Kashmir and the world would be a safer place to live in.

Courtesy : www.jammu-kashmir.com

Kashmir

Kashmir Longest Dispute

The dispute between India and Pakistan regarding the territory of state of Jammu and Kashmir is the oldest and longest surviving dispute on earth. India claims that Kashmir is an integral part of India. Pakistan claims that people of Kashmir are the ones that should determine their own future. Both countries refuse that region should be independent. The dispute has consumed millions of lives on both sides apart from trillions of dollars since 1947. The Kashmir dispute is now registered in the Guinness Book of World Records as the largest militarized territorial dispute currently on the planet. 

 

Stop Payment

2010(2) MADRAS WEEKLY NOTES (Crl) Dishonour of Cheque Cases – Supreme Court – Page 5

Stop Payment instruction – Effect of – Cheque dishonoured on account of “Stop Payment” instructions sent by Accused to his Bank – Section 138 held, attracted irrespective of insufficiency of funds in accounts – Decision in Goa Plast quoted.

Additional Evidence in Appeal

2011(1) TAMILNADU LAW NOTES JOURNAL – Page 415 (Civil)

Order 41 Rule 27 – Suit for recovery of Possession – Suit was decreed - On appeal in High court defendant sought additional evidence to be marked – High court expressed that documents sought to be marked were available at the time of trial, but no evidence that documents were tendered before trial court, and were rejected or refused – Held cannot be filed in appellate court – Decree of trial court confirmed and appeal suit allowed.

Supreme Court - History

HISTORY Supreme Court of India came up in 1958 and is located on Tilak Marg, New Delhi. The Supreme Court of India functioned from the Parliament House till it moved to the present building. It has a 27.6 metre high dome and a spacious colonnaded verandah. For a peek inside, you’ll have to obtain a visitor’s pass from the front office. ...... full history On the 28th of January, 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court came into being. The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People. It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises. The inaugural proceedings were simple but impressive. They began at 9.45 a.m. when the Judges of the Federal Court - Chief Justice Harilal J.Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R.Das - took their seats. In attendance were the Chief Justices of the High Courts of Allahabad, Bombay, Madras, Orissa, Assam, Nagpur, Punjab, Saurashtra, Patiala and the East Punjab States Union, Mysore, Hyderabad, Madhya Bharat and Travancore-Cochin. Along with the Attorney General for India, M.C. Setalvad were present the Advocate Generals of Bombay, Madras, Uttar Pradesh, Bihar, East Punjab, Orissa, Mysore, Hyderabad and Madhya Bharat. Present too, were Prime Minister, other Ministers, Ambassadors and diplomatic representatives of foreign States, a large number of Senior and other Advocates of the Court and other distinguished visitors. Taking care to ensure that the Rules of the Supreme Court were published and the names of all the Advocates and agents of the Federal Court were brought on the rolls of the Supreme Court, the inaugural proceedings were over and put under part of the record of the Supreme Court. After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice. The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings - the East Wing and the West Wing - were added to the complex. In all there are 15 Court Rooms in the various wings of the building. The Chief Justice's Court is the largest of the Courts located in the Centre of the Central Wing. The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to cumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three - coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. The Supreme Court of India comprises the Chief Justice and 28 other Judges appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court. The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India. The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.

Courtesy: www.sci.nic.in

Procession

Monday the 21st day of February 2011, Advocates of Pondicherry Bar Association are joining the procession held by the Advocates of Karaikal Bar Association supporting their cause.

Know Puducherry

Puducherry

Particulars	Description
Area	479 sq km
Population	974,345
Capital	Puducherry
Principal Languages	Tamil, Telugu, Malayalam, English and French

•  State Government Portal(External website that opens in a new window)
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History and Geography

The territory of (Puducherry) comprises the former French establishment Puducherry, Karaikal, Mahe and Yanam, which lie scattered in South India. Puducherry, the capital of the territory was once the original headquarters of the French in India. It was under the French rule for 138 years and merged with the Indian Union on 1st November 1954. It is bounded on the east by the Bay of Bengal and on the three sides by Tamil Nadu. About 150 kms south of Puducherry on the East Coast lies Karaikal. Mahe is situated on the Malabar coast on the Western Ghats surrounded by Kerala. It can be reached from Calicut Airport, which is 70 kms from Mahe. Yanam is situated adjoining the East Godavari district of Andhra Pradesh and is about 200 kms from Visakhapatnam airport.

Agriculture

Nearly 24.37 per cent of the population of the Union Territory is engaged in agriculture and allied pursuits. 80.7% of the cultivated area is irrigated. Paddy is the predominant crop (65%) followed by pulses. Mahe region contributes to the plantation wealth of this territory. Crops like coconut, areca nut, condiments and spices are grown here. Paddy crop is a major crop and pulses, groundnut and chillies are the other rainfed crops grown in Yanam.

Industry

7,982 Industrial Units in total with an aggregate investment of Rs.2,177.78 crores provided employment to 93,044 persons up to March 2008. The total value of production of these industrial units worked out to Rs.13,455.34 crores.

Further, during the financial year 2006-2007 (upto March 2007) the value of exports in respect of the various products manufactured by the export oriented units is Rs.901.06 crores.

Irrigation

Under the assistance from the European Union many tanks were rehabilitated. 8 bed dams have been constructed across the river Sankaraparani and Pennar at various places. In addition to the above, necessary proposal to construct bed dams for ground water recharges at Aratchikuppam, Pambaiyar confluence point at Sellipet, across Malatar in Vadukuppam at Puducherry and across Mullaiyar, Pravadayanar and Vanjiar at Karaikal and also the construction of a bridge-cum-barrage at Villanur are under progress.

Power

The Power requirements of the Union Territory of Puducherry are met by availing share of power from the Central Generating Stations and by purchasing power from the neighbouring State Electricity Boards viz., Tamilnadu Electricity Board, Kerala State Electricity Board and from the Puducherry Power Corporation Limited. The total power available for Union Territory of Puducherry is 396 58 MW.

Transport

Roads nearly 677.525 km. of various category are being maintained by Roads Divisions of PWD Puducherry. Construction of bridges and improvement of roads are under progress.

Urban Development

Sewerage scheme in sub urban areas of Pondicherry has been taken up at a cost of Rs.4.48 crore. The implementation of underground drainage scheme in Karaikal is proposed at a cost of Rs.34.00 crore after conducting the investigation. Revitalisation of Bharathi Park is proposed at a cost of Rs.2.47 crore under C.S.S. New Sewerage treatment plant in Lawspet and Dubrayapet are being commissioned to cater the growing demand.

Tourism

Sri Aurobindo Ashram, Puducherry

Located about 160 Km South of Chennai, Puducherry (known in Tamil as Puddcherry), the former French Colony of the early 18th Century, is a charming Indian town with a few enduring pockets of French Culture, and an Ashram set beside the sea. Together with the other former French enclaves of Karaikal (also in Tamil Nadu), Mahe (Kerala), Yanam (Andhra Pradesh), it now forms the Union, Territory of Puducherry. The uniqueness of this town invariably lies in skillful town planning and Franco Tamil architecture. The town is built on the model of "bastide", a fortified French coastal town of the late 18th Century.

Being the legendary abode of renowned saints, ancient trading settlement with Rome and Greece, once capital of French India, a spiritual Power house, Puducherry has touristic resources in the back waters, rivers, beaches and other areas developed as sustainable eco-tourist facilities. Influenced by East and West, Puducherry has unique handicrafts in leather pottery, hand made paper, incense and antique colonial furniture. Late Prime Minister Pandit Jawaharlal Nehru rightly described Puducherry as "the Window of French Culture".

Sri Aurobindo, the great seer, poet and prophet of Indian spirituality, preached his vision and ideals staying in Puducherry till his life. His Ashram is still a unique institution with its distinctive way of life attracting people from all over the world.

Auroville

Being the legendary abode of renowned saints, ancient trading settlement with Rome and Greece, once capital of French India, a spiritual Power house, Pondicherry has touristic resources in the back waters, rivers, beaches and other areas developed as sustainable eco-tourist facilities. Influenced by East and West, Pondicherry has unique handicrafts in leather pottery, hand made paper, incense and antique colonial furniture. Late Prime Minister Pandit Jawaharlal Nehru rightly described Pondicherry as "the Window of French Culture".

Sri Aurobindo, the great seer, poet and prophet of Indian spiritually, preached his vision and ideals staying in Pondicherry till his life. His Ashram is still an unique institution with its distinctive way of life attracting people from all over the world.

The new Pondicherry Tourism Development Corporation was evolved on 1 April 2005 with the aim on new tourism projects, diversification and expansion of the existing tourism activities.

Source: India 2010 - A Reference Annual 

Supreme Court

CHIEF JUSTICE OF INDIA AND SITTING HON'BLE JUDGES ARRANGED ACCORDING TO DATE OF APPOINTMENT AS ON 25/01/2010

	Name	Date of Birth	Date of Appointment	Date of Appointment as CJI	Date of Retirement
1.Hon'ble Mr. Justice	S.H. Kapadia	29/09/1947	18/12/2003	12.05.2010	28/09/2012
2 .Hon'ble Mr. Justice	Altamas Kabir	19/07/1948	09/09/2005		18/07/2013
3.Hon'ble Mr. Justice	R.V. Raveendran	15/10/1946	09/09/2005		14/10/2011
4.Hon'ble Mr. Justice	Dalveer Bhandari	01/10/1947	28/10/2005		30/09/2012
5.Hon'ble Mr. Justice	D.K. Jain	25/01/1948	10/04/2006		24/01/2013
6.Hon'ble Mr. Justice	Markandey Katju	20/09/1946	10/04/2006		19/09/2011
7.Hon'ble Mr. Justice	H.S. Bedi	05/09/1946	12/01/2007		04/09/2011
8.Hon'ble Mr. Justice	V.S. Sirpurkar	22/08/1946	12/01/2007		21/08/2011
9.Hon'ble Mr. Justice	B. Sudershan Reddy	08/07/1946	12/01/2007		07/07/2011
10.Hon'ble Mr. Justice	P. Sathasivam	27/04/1949	21/08/2007		26/04/2014
11.Hon'ble Mr. Justice	G.S. Singhvi	12/12/1948	12/11/2007		11/12/2013
12.Hon'ble Mr. Justice	Aftab Alam	19/04/1948	12/11/2007		18/04/2013
13.Hon'ble Mr. Justice	J. M. Panchal	06/10/1946	12/11/2007		05/10/2011
14.Hon'ble Dr. Justice	Mukundakam Sharma	18/09/1946	09/04/2008		17/09/2011
15.Hon'ble Mr. Justice	Cyriac Joseph	28/01/1947	07/07/2008		27/01/2012
16.Hon'ble Mr. Justice	Asok Kumar Ganguly	03/02/1947	17/12/2008		02/02/2012
17.Hon'ble Mr. Justice	R.M. Lodha	28/09/1949	17/12/2008		27/09/2014
18.Hon'ble Mr. Justice	H.L. Dattu	03/12/1950	17/12/2008		02/12/2015
19.Hon'ble Mr. Justice	Deepak Verma	28/08/1947	11/05/2009		27/08/2012
20.Hon'ble Dr. Jsutice	B.S. Chauhan	02/07/1949	11/05/2009		01/07/2014
21.Hon'ble Mr. Justice	A.K. Patnaik	03/06/1949	17/11/2009		02/06/2014
22.Hon'ble Mr. Justice	T.S. Thakur	04/01/1952	17/11/2009		03/01/2017
23.Hon'ble Mr. Justice	K.S. Radhakrishnan	15/05/1949	17/11/2009		14/05/2014
24.Hon'ble Mr. Justice	S.S. Nijjar	07/06/1949	17/11/2009		06/06/2014
25.Hon'ble Mr. Justice	Swatanter Kumar	31/12/1947	18/12/2009		30/12/2012
26.Hon'ble Mr. Justice	C.K. Prasad	15/07/1949	08/02/2010		14/07/2014
27.Hon'ble Mr. Justice	H.L. Gokhale	10/03/1949	30/04/2010		09/03/2014
28.Hon'ble Mrs. Justice	Gyan Sudha Misra	28/04/1949	30/04/2010		27/04/2014
29.Hon'ble Mr. Justice	Anil R. Dave	19/11/1951	30/04/2010		18/11/2016