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Ram Murti Yadav v. State of Uttar Pradesh: Analysis

Whether a judge can be sanctioned for passing an erroneous order? When can an order for compulsory retirement be passed against the judge? Why is it essential to view judiciary different from other constitutional posts? What impact can a judicial misconduct have in public faith? Judicial misconduct can affect the fabric of public trust in the judiciary which is the most essential factor in any politically sound country. After exhausting all techniques for dispute resolution, the aggrieved person cravingly looks upon the courts with the hope of justice. Judges ought to be fair and impartial while ruling out decisions to maintain the public trust and standard of legal ethics. While conducting an enquiry on any judge, the same must be performed without causing any prejudice to the judicial discretion. An erroneous judicial order should not be mistaken for compromised judicial ethics. The provision for appeal is to correct any erroneous interpretation of the statutes and to rectify that er...
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ALTERNATIVE REMEDY vis-à-vis WRIT PETITION: MAINTAINABILITY

With the pendency of the cases on the rise and judicial courts opting for pro-ADR approach, it is essential to understand that referring a dispute to the available alternative remedy may not necessarily achieve the objective of speedy resolution of dispute. Whether the existence of an alternative remedy debars the jurisdiction of High Courts under Article 226? Under what circumstance can the High Court exercise its jurisdiction under the Article 226 despite the alternative remedy being available? Let us have a look at the settled judicial pronouncements with this regard. In the case of U.P. Power Transmission Corp. Ltd. &Anr. v. CG Power and Industrial Solutions Ltd, and Anr. (May 2021), the Hon’ble Supreme Court reiterated that the writ petition can be entertained even if alternate remedy is available when the writ is filed for enforcement of any fundamental rights, violation of natural justice, impugned order is passed without jurisdiction and when the vires of an act is challen...
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