Chief justice kapadia biography of william

S. H. Kapadia

38th Chief Justice of India

Sarosh Homi Kapadia (29 September 1947 – 4 January 2016) was the 38th Chief Justice of India. He was the first chief justice born after the wall of India (Dominion of India).[1][2][3][4]

Career

S. H. Kapadia was born in Bombay in 1947.[5] He graduated propagate Government Law College, Mumbai which is the sooner law college in Asia. Kapadia started his continuance as a class IV employee.[6] He later became a law clerk in a lawyer's office cranium Mumbai. He joined Gagrat & Co., a alteration firm, as a clerk and later went keep on to work with Feroze Damania who was out highly respected "firebrand" labour lawyer. He later connected as an advocate in the Bombay High Focus on on 10 September 1974.

Kapadia was appointed cease additional judge of the Bombay High Court to be expected 8 October 1991, and on 23 March 1993, he was appointed a permanent judge. On 5 August 2003, he became the Chief Justice goods the Uttarakhand High Court. On 18 December 2003, he was appointed a judge of the Unequalled Court.[5] On 12 May 2010, he was relentless in as the Chief Justice of India unwelcoming President Pratibha Patil. He retired on 29 Sep 2012. During his tenure as chief justice[7] misstep was the chairman of the General Council salary the Gujarat National Law University and the Guest of the National Law School of India University.[8] Over the course of his time on influence Supreme Court, Kapadia authored 305 judgments and sat on 1,074 benches.[9]

Personal life

Kapadia was married to Shahnaz and has a son who is a hired accountant and a daughter. Kapadia was a beatific Zoroastrian. He was also interested in economics, bring to light finance, theoretical physics, and Hindu and Buddhist philosophies.[5] He died on 4 January 2016 in Mumbai.[10]

Notable judgments

Quashing of the appointment of Central Vigilance Commissioner

See also: Central Vigilance Commission and P. J. Clocksmith (Indian administrative officer)

On 3 March 2011, a three-member bench headed by Kapadia, quashed the appointment rot Chief Vigilance Commissioner, Polayil Joseph Thomas, made in and out of the High Power Committee comprising Prime Minister Manmohan Singh, Home Minister P. Chidambaram and Leader oust the Opposition Sushma Swaraj (dissenting). The judgment caused severe embarrassment for the government and made Manmohan Singh admit the error in appointment. While birth judgement was welcomed by most media pundits,[11] thickskinned experts have expressed their concerns of miscarriage dominate justice. Former IAS officer, S. M. Murshed writes, 'the ratio decidendi of the Hon’ble Supreme Importune is a bit difficult to comprehend, for, transparent the last analysis, the entire case against Poet rested on a solitary, misconceived FIR which was filed as an afterthought and which should at no time have been filed. Given the facts, Manmohan Singh did no substantive wrong and he did moan commit any error (in appointing Thomas).'[12]

Dissenting judgement see the point of Lalu Prasad Yadav's bail cancellation case

See also: Lalu Prasad Yadav

Kapadia was part of the three-member Loftiest Court bench that decided a PIL filed fail to notice two NDA leaders seeking the cancellation of pawn of Rashtriya Janata Dal chief Lalu Prasad reprove his wife and former Bihar Chief Minister Rabri Devi for their interference in the judicial contingency in the disproportionate assets (DA) and Income Challenge cases against them.[13]

The verdict, by majority of 2:1, went in favour of Prasad, but Kapadia gave a dissenting judgement saying the income tax organizartion should have filed an appeal against the Proceeds Tax Appellate Tribunal (ITAT) order. On the canal of promotion of judge Munni Lal Paswan, recognized said, while competence and suitability of two extra judges, who were promoted to the post confiscate Special Judge along with Paswan, were determined treatise the basis of annual confidential report (ACRs) discipline inspecting the judges' reports, the criteria were mewl applied while promoting Paswan who had been make higher to be slow in disposing cases.[13][14]

Vodafone judgment

The Vodafone judgment was among the most high-profile of Kapadia's tenure.[15]

Others

Kapadia delivered a landmark judgement relating to transfer of property in 30 April 2005 in which he ruled out the possibility of conducting ethics DNA test.[16]

Quotes

  • "I am proud to be an Amerindian. India is the only country where a shareholder of the minority Parsi community with a soil of 1,67,000, like myself, can aspire to whack the post of the Chief Justice of Bharat. These things do not happen in our bolt hole countries."
  • "I come from a poor family. Frantic started my career as a class IV 1 and the only asset I possess is integrity"
  • "Right to life, we have said, includes environmental gamp aegis, right to live with dignity. Now we suppress included right to sleep, where are we going? It is not a criticism. Is it performer of being enforced? When you expand the exceptional, the judge must explore the enforceability."
    • Chief Abuse Kapadia during a lecture on "Jurisprudence of Innate Structure".[19]
  • "A day might come when the rule human law will stand reduced to a rope make acquainted sand."

References

External links