Allahabad High Court
AHC aka High Court of Judicature at Allahabad invites application for the post of 3554 Stenographer, Junior Assistant, Operator, Process Server, Peon, Watchman & Various Vacancy & Uttar Pradesh Higher Judicial Service 2018. Apply before 14 December 2018. AHC Recruitment Qualification/eligibility conditions, how to apply & other rules are given below… Official website is www.allahabadhighcourt.in
Name of the post — Stenographer, Junior Assistant, Operator, Process Server, Peon, Watchman & Various
No of post — 3495
Pay Scale — 5,200 — 20,200/-
Graduation, 12th, 10th, 8th.
General Information:upsc notifications
- During the period from 1834 to 1861, i.e., before the enactment of the Indian High Courts Act, two sets of courts were administering justice in India. The King’s Courts and the Company’s Courts formed the dual system of courts having their separate jurisdictions. Efforts to unite the two sets of Courts began much earlier than 1861. In 1858 the East India Company was abolished and the assumption of direct responsibility of the Government of India by the Crown made the problem of uniting two sets of Courts much easier. Uniform Penal Code, Civil and Criminal Procedure Codes were passed and the next step was to implement uniformity in the administration of Justice to amalgamate the Supreme Courts and Sadar Adalats. This object was achieved by the Indian High Courts Act passed by the British Parliament in 1861 (24 and 25 Vic. C104) whereby Her Majesty was empowered to abolish the Supreme Courts and Sadar Adalats, and in their place to constitute a High Court of Judicature for each of the three Presidencies, which should be the supreme over all the Courts in the Presidency towns and also in the Mofussil. Earlier while introducing the Bill, Sir Charles Wood said: “ We shall have one Supreme Court, one sole court of appeal instead of two; and inasmuch as the administration of justice in the minor courts depends on the mode in which the appeals sent up from them are treated, the Superior court thus constituted, will, I hope, improve the administration of justice generally throughout India.”
- By section 16 of the same Act, the Crown was also empowered to create any other High Court within British India. In exercise of the powers conferred by the said section, the Crown by Letters Patent established in 1866 at Agra, High Court of Judicature for the North Western Provinces of the Presidency of Fort William with Chief Justice Sir Walter Morgan and five other judges named in the Charter itself. The High Court was constituted to be a Court of Record (Clause I). On its establishment, the Sadar Diwani Adalat and Sadar Nizamat Adalat functioning in the Province of Agra for the Last 35 years were abolished and the High Court by virtue of its Letters Patent and of sections 16 and 9 of the Act became vested with all the appellate and superintending powers, authority and jurisdiction of the Courts abolished. By its Letters Patent the High Court was also vested with original Jurisdiction in certain special matters with the same powers and authority as possessed in those matters by the Calcutta High Court. These special matters included Disciplinary actions against Advocates (Cl.8) Guardianship (Col. 12). Testamentary and Intestate (Cl..25) and Matrimonial (Cl.26) matters. However, the matrimonial jurisdiction could be exercised by this High Court, like the Calcutta High Court only over ‘Her Majesty’s-subjects’- professing Christian religion.
- This High Court was not given Ordinary Civil jurisdiction and the Ordinary Original Criminal jurisdiction conferred upon it by clause 15 of the Letters Patent, extended only to European British Subjects resident in the North Western Provinces, who had been previous to the establishment of the High Court, amenable to the Ordinary Original Criminal Jurisdiction of the Calcutta High Court. In the exercise of its ordinary original Criminal Jurisdiction, the High Court could try any person brought before it in due course of law,(cl.16) and, under this power, the High Court could try European-British subjects resident beyond the territories comprised in the North-western Provinces. The High Court was also not conferred with the jurisdiction of Insolvency, Admiralty or Vice-Admiralty Court.
- In the exercise of its Extra-Ordinary Original Civil Jurisdiction (Clause 9), the High Court was empowered to remove any civil case from Courts subordinate to it and cause it to be tried and determined by itself. In the exercise of its Appellate Jurisdiction (Cl.11 & 20) it was authorized to hear appeals, like Sadar Adalats, from the decisions of the Courts subject to its appellate jurisdiction. It could also hear appeal in Division Benches from certain decisions of a Single Judge of its own Court sitting on the Civil Side (cl.10). The High Court was made a Court of reference and revision in respect of judgment of its subordinate criminal courts (Cl.21) and was also empowered to direct the transfer of any criminal case or appeal from one court to another (cl.22). But this High Court never possessed the power of issuing writs, until 1950; as it was neither the successor of the Supreme Court, nor was that power conferred upon it by its Letters Patent nor by section 45 of the Specific Relief Act, 1877.
- The law or equity to be applied by it in the exercise of its Extraordinary Original Civil Jurisdiction was to be such law or equity as would have been applied by the Courts subordinate to it (cl.13); and in the exercise of its Civil appellate Jurisdiction the law of equity and good conscience to be applied by it was to be the same as ought to have been applied by the Courts below (cl.14). English law was not applicable in its territories by its own force. It had been applied there by supplementing the rules of equity and good conscience and that too if found applicable to Indian society and circumstances.
- The High Court, in the exercise of its criminal jurisdiction, both as original as well as court of appeal, reference or revision, was ordained to apply the Indian Penal Code for punishing any person charged with an offence (cl.23). It was further ordained that the proceedings in all the criminal cases tried by the High Court in the exercise of its ordinary Original Criminal Jurisdiction (Cl.15) would be regulated by the ‘Criminal Procedure and Practice’ which was in use in the High Court of Calcutta immediately before the publication of the Letters Patent, and that the proceedings in all other criminal matters would be regulated by the Code of Criminal Procedure, 1861, or by such further and other laws made or to be made for that purpose by the Governor-General-in Council (Cl.29).
- By section 15 of the Indian High Courts Act, 1861(24 & 25 Vict.C.104) and the Government of India Act, 1915, the High Courts were invested with power of superintendence over all courts subject to their appellate jurisdiction, and to that end were empowered to call for returns, direct transfer of any suit or appeal from one subordinate court to another, make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts. These powers of the High Courts, except the power of transfer which is covered by section 24 of the Code of Civil Procedure, were continued by the Government of India Act, 1935 (Sec.224) and then by the Constitution of India (Art.227).
- The seat of the ‘High Court for the North-Western Provinces’ was shifted from Agra to Allahabad in 1869 and its designation was altered to ‘the High Court of Judicature at Allahabad’ in 1919 by a supplementary Letters Patent issued on March 11, 1919. This designation continues upto the present day.
- In Oudh, a Judicial Commissioner and a Financial Commissioner were appointed in 1856. Omanney, Campbell and Couper acted as Judicial Commissioners in succession during the period 1856-63. The Court of the Judicial Commissioner was re-constituted under the C.P.Court’s Act XIV of 1865, extended to Oudh by section 25 thereof, and was again constituted by Act XXXII of 1871. Under sections 23 and 24 of this Act, the Judicial Commissioner of Oudh, in case of doubt as to the decision to be passed on any appeal, had to make a reference to the Allahabad High Court and transmit the record of such case and all the proceedings connected therewith to the said Court; and the High Court, after deciding it as if it were instituted in that very Court, sent a copy of its judgment to the Judicial Commissioner of Oudh, who would then dispose of the case in conformity therewith. Additional Judicial Commissioners were appointed under Acts IV of 1885, XIV of 1891 and XVI of 1897.
- The Court of the Judicial Commissioner had been the highest court of Appeal in Oudh for nearly 70 years. In rent and revenue cases, however, the Financial Commissioner acted as the highest court during the progress of the settlement of land revenue in that province, under the Oudh Revenue Courts Act, XVI of 1865, ss.2-3, and the Judicial Commissioner had no jurisdiction over such cases during that period. Sec.84 of Act XXXII of 1871 abolished the post of the Financial Commissioner and then such cases were again assigned to the Judicial Commissioner.
Starting Date for Submission of Application form:06-12-2018.
Last Date for Submission of Application form:26-12-2018.
Eligible candidates may apply online at Allahabad High Court’s website (http://www.allahabadhighcourt.in/) from 06 Dec 2018 to 26 Dec 2018.
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