principal secretary

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Though the appellant is eligible for consideration of the selection in to IAS – she was denied as she was a junior officer – not correct approach and against the rules and guidelines – B. Amrutha Lakshmi … Appellant Versus State of Andhra Pradesh and Ors. … Respondents= judis.nic.in/supremecourt/filename=40890

Though the appellant is eligible for consideration of the selection in to IAS – she was  denied as she was a junior officer – not correct approach and against the rules and guidelines = Apex court held wrong but due to lapse of time the apex court granted damages instead of disturbing processes already taken over long … Continue reading

Kazi =1) the scope of powers and functions of a Kazi, in the context of marriage between muslims; and 2) compliance with the procedural requirements, while terminating the appointment of the petitioner. The institution of Kazi, at one point of time, occupied a very pivotal position, in the administration of Muslim Law. He was conferred with adjudicatory and administrative powers, and endowed with religious duties and functions. With the advent of British rule of India, the adjudicatory powers of Kazi came to be restricted, and appointment of Kazis was provided for, under the Kazis Act 1880. The following paragraph of the statement of objects and reasons of that Act, would summarise the nature of the powers of a Kazi, that existed earlier thereto. “Under the Muhammadan Law the Kazi was chiefly a Judicial Officer. His principal powers and duties are stated at some length in the Hedaya, Book xx. He was appointed by the State, and may be said to have corresponded to our Judge or Magistrate. In addition, however, to his functions under the Muhammadan Law, the Kazi in this country, before the advent of British rule, appears to have performed certain other duties, partly of a secular and partly of a religious nature. The principal of these seems to have been preparing, attesting and registering deeds of transfer of property, celebrating marriages and performing other rites and ceremonies. It is not apparent that any of these duties were incumbent on the Kazi as such. It is probable that the customary performance of them arose rather from his being a public functionary and one known by his official position to be acquainted with the law, than from his having, as Kazi, a greater claim to perform them than any one else. Such was the position of the Kazi in this country under Native Government. On the introduction of the British rule, Judges and Magistrates took the place of Kazis and the Kazi in his judicial capacity disappeared; but the British Government, though no longer recognizing the judicial functions of the Kazi, did not abolish the office. By certain Regulations passed from time to time, the appointment of Kazi-ul-Kuzaat and Kazis by the State was provided for, and the performance of their non-judicial duties was recognised by law. In the case of Bengal, indeed, certain additional duties were imposed on them. The duties of the Kazi under these Regulations comprised some or all of the following, viz- (1) preparing and attesting deeds of transfer and other law-papers; (2) celebrating marriages and presiding at divorces; (3) performing various rites and ceremonies; (4) superintending the sale of distrained property and paying charitable and other pensions and allowances.” The relevance of the institution of Kazi has been substantially restricted, and for all practical purposes, it is confined to the celebration of marriages, and performance of related rites and ceremonies.

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No. 8197 of 2005 30-03-2007 Qazi Habeeb Abdullah Rifai The Principal Secretary to Government, Minorities Welfare Department, Govt. of A.P., Secretariat, Hyderabad & another COUNSEL FOR PETITIONER: Sri K.Pratap Reddy, Senior Counsel COUNSEL FOR RESPONDENTS: Sri A.M.Qureshi, G.P. for Minorities. :ORDER: The petitioner was appointed as a … Continue reading

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