FAREWELL SPEECH ON THE RETIREMENT OF JUSTICE INDERMEET KAUR KOCHHAR

Similar documents
FAREWELL SPEECH ON THE TRANSFER OF JUSTICE ASHUTOSH KUMAR TO THE HIGH COURT OF PATNA

FAREWELL SPEECH ON THE RETIREMENT OF JUSTICE DEEPA SHARMA

FAREWELL SPEECH ON THE RETIREMENT OF HON BLE MS. JUSTICE SUNITA GUPTA DELIVERED ON G. ROHINI CHIEF JUSTICE

FAREWELL SPEECH ON THE RETIREMENT OF HON BLE MR. JUSTICE V.K. JAIN DELIVERED ON G. ROHINI CHIEF JUSTICE

Shri Rajeev Khosla, President, Delhi High Court Bar Association, Shri Jatan Singh, Vice-President, Delhi High Court Bar Association,

FAREWELL SPEECH DELIVERED BY JUSTICE GITA MITTAL IN THE FULL COURT REFERENCE ON THE RETIREMENT OF JUSTICE G. ROHINI, CJ

HIGH COURT OF DELHI: NEW DELHI

HIGH COURT OF DELHI: NEW DELHI. The Roster of Sitting of Hon ble Judges of this Court effective from 2 nd January, 2018 is as under:- Division Benches

HIGH COURT OF DELHI: NEW DELHI

Not included. Clause 17(1)(a): Lok Pal can inquire into complaints against the Prime Minister once he demits. Inclusion of the Prime Minister

CONTEMPT APPLICATION No. 09 OF Ram Gopal Sharma. Applicant. Versus. Sh Sanjay Mitra IAS (WB:82), Defence Secretary, 101-A, South

Constitution of the Rutgers Interfraternity Council Rutgers, The State University of New Jersey. Preamble. Article I. Article II Purpose

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P. (C) No. 135/1997 Reserved on: 18th July, 2012 Decided on: 23rd July, 2012

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI

BYLAWS OF. WESTERN PSYCHOLOGICAL ASSOCIATION, INC. A California Nonprofit Corporation ARTICLE I FUNCTION AND PURPOSES ARTICLE II OFFICES

MADRAS BAR ASSOCIATION INAUGURAL FUNCTION TO CELEBRATE THE COMMENCEMENT OF ITS 150 TH YEAR

INFORMATION UNDER RTI ACT, 2005 ABOUT NCLAT

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN COMPANIES ACT, 1956 Date of Judgment: W.P.(C) 8432/2011

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL)NO OF 2017

Through: Mr. Rahul Kumar Srivastava, Advocate. C.M(M) No. 211/2013. Through: Mr. Rahul Kumar Srivastava, Advocate.

MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE. No.18/LN/Ref./July/2017

Informal Meeting of Legal Advisers of Ministries of Foreign Affairs 26 October 2009, 3 pm, Trusteeship Council Chamber

UNIVERSITY OF NAIROBI SPEECH BY PROF. PETER M.F. MBITHI, VICE CHANCELLOR, UNIVERSITY OF NAIROBI DURING THE OCCASION MARKING THE UNITED NATIONS

HIGH COURT OF DELHI : NEW DELHI NOTIFICATION. No. 431/Rules/DHC Dated :

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME

The Constitution. and Bylaws. of the. Iowa State University. Chapter of. Chi Epsilon

HIGH COURT OF DELHI: NEW DELHI. The Roster of Sitting of Hon ble Judges of this Court effective from 1 st July, 2018 is as under:- Division Benches

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : RECRUITMENT MATTER. W.P.(C) No. 8347/2010. Date of Decision: Versus

CODE OF ETHICS FOR TEACHERS AND ENGINEERS FOR TEACHERS

M/s Kotak Mahindra Bank Ltd. Vs. Sewa Singh Dhiman. Sh. Mukesh Singh, AR of the DH in person. Sh. Varinder Singh, advocate for JD

Scope Document. Plain English Version of AMC Disciplinary Policies and Procedures Project

Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3

Comments of the Committee on Judicial Accountability on the Judges Enquiry Bill, 2006.

Hon'ble Chief Justice Sh. Dipak Misra, my brother and sister. colleagues on the Bench, my brother and sister colleagues at the Bar,

InterProfessional Student Alliance (IPSA) Bylaws

SECTION 5 LIMITATION ACT, 1963 WHETHER FRONTIER OF EXPANSION ARE EMERGING. by Pradeep K Mittal, B.Com, LLB, FCS* Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, CM(M) 374/2008 with CM Nos. 4286/2008 and 13305/2008

BYLAWS Of A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION

Dedication Ceremony for Cheng Yu Tung Tower at the University of Hong Kong on 8 November 2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:11 th December, Through: Mr Rajat Aneja, Advocate. Versus AND. CM (M)No.

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. W.P. Crl. No. 1029/2010. Decided on: 9th August, 2011.

J U D G M E N T A N D O R D E R (ORAL)

RESPONDENTS. Article 14 read with Article 19 (1) G. Article 246 read with entry 77 list 1, 7 th schedule.

CAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016

MENTAL HEALTH (JERSEY) LAW Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law

WRIT PETITION (C) NO. 233O OF 2006

CONSTITUTION AND BY-LAWS of the Carnegie Mellon University Theta in PA Chapter of ΝΡΨ ARTICLE I: NAME AND AFFILIATIONS

MENTAL HEALTH (JERSEY) LAW 2016

INTERNATIONAL STUDENT ASSOCIATION Louisiana State University CONSTITUTION

IN THE HIGH COURT OF DELHI AT NEW DELHI. CRL M C 656/2005 and CRL M A 2217/2005. Reserved on: January 17, Date of decision: February 8, 2008

Through: Versus. Through: 2. To be referred to the reporter or not? Yes. 3. Whether the judgment should be reported in the Digest?

SESSION 7: PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL CASES. Public Interest Litigation

Important observations in K.P.Singh vs. High Court of H.P. & Bench of Hon ble H.P. High Court, comprising of:

A Presentation by. Years of Expert Professional Services

DRAFT OF THE PROPOSED NATIONAL SPORTS LEGISLATION. As on THE NATIONAL SPORTS DEVELOPMENT BILL, 2011 BILL

Code of Ethics for the Garda Síochána

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA WRIT PETITION NO OF 2015

Bylaws of the. Burbank Youth Ballet Company ("BYBC"), A California Public Benefit Corporation. [as Amended 18 April 2010]

+ W.P.(C) 7127/2015, CM APPL. No /2015

HIGH COURT OF DELHI: NEW DELHI NOTIFICATION

Through: Mr. Deepak Khosla, Petitioner in person.

OFFENCES UNDER PITA COMPULSORILY INVESTIGATED BY SPECIAL POLICE OFFICER

ROLE OF COURTS IN ARBITRATION: BEFORE, DURING AND POST RENDERING OF THE ARBITRAL AWARD

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL. Company Appeal (AT) No. 240 of 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BAIL MATTER BAIL APPLN. NO. 4009/2006. Reserved On : January 17, 2007

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW RESERVE (Court No. 2) Original Application No. 47 of 2014

Rumi Dhar vs State Of West Bengal & Anr on 8 April, 2009 REPORTABLE. State of West Bengal and another

TABLE OF CONTENTS INTRODUCTION... 3 SPORTS CLUB COUNCIL DESCRIPTION... 3 & 4 RISKS, RULES, ALCOHOL/DRUGS... 4

BRIEF STUDY OF CONSTITUTIONAL PROVISIONS REGARDING PRISON SYSTEM AND INMATES IN INDIA

THE NATIONAL UNION OF MINEWORKERS

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Execution Application No. 154 of Tuesday, the 21 st day August, 2018

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: RC.REV. 522/2011 & CM Nos.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CCP(O) No. 120/2005 in OMP No. 342/2004. NATIONAL HIGHWAYS AUTHORITY INDIA (NHAI)... Petitioner.

American Planning Association, Arizona Chapter DUTIES AND RESPONSIBILITIES

IN THE HIGH COURT OF DELHI AT NEW DELHI. CCP 55/2000, 1141/99 and 82/1999 IN CS (OS) 635/1992. Judgment delivered on:

Constitution of the Student Senate

Alpha Phi Omega National Bylaws can be found here: National Bylaws. Alpha Phi Omega Alpha Eta Omega Chapter, Emerson College, Boston, MA

Gainesville Florida Collegiate Chapter of The National Broadcasting Society Constitution

THE ARMED FORCES TRIBUNAL (AMENDMENT) BILL, 2012 BILL AS INTRODUCED IN THE RAJYA SABHA. Bill No. XXXII of 2012

In the Matter of Charles Stillitano, DOP Docket No (Merit System Board, decided June 8, 2005)

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on:10 th September, 2015

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Code of Criminal Procedure, CRIMINAL M C No 5094 of 2006 and Crl M A 1088/2002

Forced Marriage (Civil Protection) Act 2007

HIGH COURT OF JAMMU AND KASHMIR

2. With immense joy, I have the opportunity to be in China for the third time and the first time in Haikou, Hainan Province.

2 nd AMITY NATIONAL DEBATE COMPETITION, 2014

Patents in Europe 2011/2012. Greece Lappa

* IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R %

Act 8 Constitutional Development Organization Act 2008

Competition Promotion and Market Protection Act, 2063 (2007)

AS INTRODUCED IN THE RAJYA SABHA THE NATIONAL INSTITUTE OF DESIGN BILL, 2013 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY

General Regulations Updated October 2016

DELTA UPSILON HOUSTON CHAPTER BYLAWS (Last amended by the Chapter 12/1/14, ratified by HADU 12/10/14)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE CM(M) No.887/2014 DATE OF DECISION : 25th September, 2014 VERSUS

THE CONSTITUTION OF THE PHI CHAPTER OF ALPHA SIGMA PHI FRATERNITY, INC.

96 LIBRARY STREET HUDSON, OHIO Candidates for the Board of Trustees. Anne Suntken Nominating Committee. Date: December 15, 2017

HIGH COURT (ORGANIZATION AND ADMINISTRATION) ACT

ANNUAL REPORT, GSICC 2016

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ADMINISTRATIVE TRIBUNALS ACT, 1985 Date of decision: 15th February, 2012 W.P.(C) No.

BYLAWS. California Board of Recreation and Part Certification, Inc. A California Public Benefit Corporation ARTICLE 1 NAME AND OFFICES

Transcription:

Justice Indermeet Kaur, FAREWELL SPEECH ON THE RETIREMENT OF JUSTICE INDERMEET KAUR KOCHHAR 21.03.2018 My esteemed sister and brother colleagues, Smt. Maninder Acharya, Additional Solicitor General of India, Sh. Kirti Uppal, President, Delhi High Court Bar Association, Sh. J.P. Sengh, Vice- President, Delhi High Court Bar Association, Sh. Amit Sharma, Secretary, Delhi High Court Bar Association, Sh. Ramesh Singh, Standing Counsel (Civil), Govt. of NCT Delhi, Sh. Rahul Mehra, Standing Counsel (Criminal), Govt. of NCT Delhi, Other Standing Counsels of the Central and State Government, Executive Members of the Delhi High Court Bar Association, Justice Gita Mittal, Acting Chief Justice Presidents, Secretary & Office Bearers of all Bar Associations of Delhi, Presidents, Secretary & Office Bearers of Bar Council of Delhi, Senior Advocates, Learned Members of the Bar, Justice AK Pathak and other family members of Justice Indermeet Kaur, And everyone present *** 1

1. We have assembled here to bid farewell to Justice Indermeet Kaur upon her retirement from an illustrious career. 2. Born on 22 nd March, 1956, Justice Indermeet Kaur completed her schooling from Mater Dei Convent School, Delhi. After graduating in Psychology (Hons.) with a scholarship from the prestigious Lady Shri Ram College in Delhi, Justice Kaur obtained her LLB and LLM Degrees from the Campus Law Centre, University of Delhi where she was also awarded the Gold Medal for excellence. 3. On 16 th February 1984, Justice Indermeet Kaur joined the Bar and commenced, what became an illustrious practice before the Supreme Court of India, the Delhi High Court, and the District Courts of Delhi. She was selected for the coveted Delhi Higher Judicial Services in the year 1995. In her noteworthy journey as an officer of the DHJS, apart from regular criminal and civil courts, she presided over as Special Judge in several critical jurisdictions including NDPS, Matrimonial cases and CBI. She was also the Legal Advisor to the New Delhi Municipal Council. She then served as District Judge, Patiala House Courts from November, 2008. 4. On the 14 th of May, 2009, Justice Indermeet Kaur was elevated to the Bench of the Delhi High Court as an Additional Judge. She was made 2

a permanent judge on 12 th April, 2013. 5. Justice Indermeet Kaur has always been acknowledged for being pleasant yet forthright and an upfront person. She is also an outstanding and hard working judge known for giving a patient hearing to everyone, which reflects in her landmark judgments. This has also resulted in deep admiration, abounding affection and respect from the members of the Bar. 6. On the administrative side, Justice Indermeet Kaur served as a Member and also chaired several committees of the Delhi High Court including amongst others the Library Committee, Examination-cum- Judicial Education Committee, Purchase Committee, Committee against sexual harassment at the workplace, Building Maintenance Committee of the Rohini Courts, Building Maintenance Committee of the Family Courts complexes, the Committee to look into Sensitization of Family Courts. She served as the Chairperson of the committee to monitor the living conditions in the Nirmal Chhaya Home for Girls as well as the committee dealing with matters relating to officers of the subordinate judiciary. Justice Indermeet Kaur, served as a member and later Vice- Chairperson of the overseeing committee of the Delhi International Arbitration Centre, which has gained immensely from her visionary 3

approach and institutional guidance, and has emerged as a premier choice for commercial Arbitration in India. 7. Justice Indermeet Kaur has thus shown constant and resolute commitment to institutional development on the administrative side of this court. 8. On the judicial side, Justice Indermeet Kaur dealt with several sensitive questions of law, which came to be the subject of well-crafted judgments by her. 9. In State Trading Corporation of India v. State Bank of India, while speaking for a Division Bench of this court, she held that a wrong payment made by the State Bank of India to the State Trading Corporation amounted to a debt within the meaning of Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act. 10. In Royal Nepal Airlines Corporation v. Shrishti Properties, she held that sovereign immunity was not available to the tenant, which was a state owned concern of the Nepal Government on account of Section 86 of the CPC as it was a commercial transaction and the doctrine of sovereign immunity did not extend to such a transaction. She further held that the defences raised seeking leave to defend were sham and dismissed the petition. 4

11. In Toyota v. Deepak Mangal, Justice Kaur expounded on the fetters imposed by Section 30 of the Trade Marks Act on Section 29 therein and held that a trademark is not infringed where its use by another is not unfair and is used only to indicate the kind, quality and quantity of the goods. 12. In Rajkumar Devraj v. Jai Mahal Hotels, she held that it was the nature of the allegations made in each case which would ascertain as to whether rectification was permissible by the Company Law Board under Section 111 of the Companies Act or not. It was only where fraud or forgery was alleged and prima facie established, that the issue would go beyond the Company judge and would have to be decided by a civil forum. The judgment was later upheld by the Supreme Court of India. 13. In Abhinav Pandey v. Guru Gobind Singh Indraprastha University, Justice Kaur directed awarding of a Gold Medal to the petitioner, who otherwise had graduated the university with the highest marks, but was precluded from consideration having missed two exams on account of illness in a previous semester and had cleared those papers only subsequently. 14. The list of the fine judgments authored by Justice Indermeet Kaur speaks for itself about the dedication with with she carried on her 5

constitutional duty while remaining conscious of the social realities. 15. The duty of the courts is to do justice while exhibiting fairness, respect and dignity to the people who come before it. A judge is the fulcrum, on which our entire justice system balances, which in turn is the cornerstone of a democratic nation. 16. Justice Indermeet Kaur has rendered all possible assistance that the institution & litigant expects from a Judge in discharging her constitutional obligations. Justice Indermeet Kaur shall be remembered for her positive support in all court related activities as well as the discipline she maintained on and off the Bench. 17. She has always exhibited a paramount standard of ethical conduct that has stood out. 18. Rule of law is shaped on the anvil of quality judges like Justice Indermeet Kaur, who are the guardians of the Constitution. 19. Justice Kaur readily endeared herself to all her peers & formed lasting friendships with all of us. As she prepares to depart from this court, I have to say that we will miss Justice Indermeet Kaur deeply. At the end, therefore, I would only like to quote Mahatma Gandhi who said There are no goodbyes for us. Wherever you are, you will always be in our hearts. 6

20. I also take this opportunity to congratulate Justice Indermeet Kaur for her very recent nomination as a member of the Mahanadi Water Tribunal and wish added strength to her pen. We wish her good health and deep contentment with her accomplishments. 21. As she parts from our Bench, on behalf of my colleagues and myself, I convey our best wishes to Justice Kaur. Thank you. *** 7