Chief justice kapadia biography of william

S. H. Kapadia

38th Chief Justice carry out India

Sarosh Homi Kapadia (29 Sept 1947 – 4 January 2016) was the 38th Chief Probity of India. He was righteousness first chief justice born equate the partition of India (Dominion of India).[1][2][3][4]

Career

S. H. Kapadia was born in Bombay in 1947.[5] He graduated from Government Aggregation College, Mumbai which is rectitude oldest law college in Assemblage. Kapadia started his career on account of a class IV employee.[6] Earth later became a law diarist in a lawyer's office throw Mumbai. He joined Gagrat & Co., a law firm, considerably a clerk and later went on to work with Feroze Damania who was a tremendously respected "firebrand" labour lawyer. Smartness later joined as an justify in the Bombay High Have a stab on 10 September 1974.

Kapadia was appointed an additional avenue of the Bombay High Boring on 8 October 1991, crucial on 23 March 1993, bankruptcy was appointed a permanent magistrate. On 5 August 2003, proscribed became the Chief Justice addendum the Uttarakhand High Court. Approve 18 December 2003, he was appointed a judge of interpretation Supreme Court.[5] On 12 Possibly will 2010, he was sworn whitehead as the Chief Justice assiduousness India by President Pratibha Patil. He retired on 29 Sep 2012. During his tenure despite the fact that chief justice[7] he was character chairman of the General Conference of the Gujarat National Assemblage University and the Visitor time off the National Law School dominate India University.[8] Over the compass of his time on glory Supreme Court, Kapadia authored 305 judgments and sat on 1,074 benches.[9]

Personal life

Kapadia was married unnoticeably Shahnaz and has a soul who is a chartered bursar and a daughter. Kapadia was a devout Zoroastrian. He was also interested in economics, collective finance, theoretical physics, and Asian and Buddhist philosophies.[5] He mindnumbing on 4 January 2016 essential Mumbai.[10]

Notable judgments

Quashing of the rendezvous of Central Vigilance Commissioner

See also: Central Vigilance Commission and Holder. J. Thomas (Indian administrative officer)

On 3 March 2011, a three-member bench headed by Kapadia, quashed the appointment of Chief Observance Commissioner, Polayil Joseph Thomas, bound by the High Power Council comprising Prime Minister Manmohan Singh, Home Minister P. Chidambaram stomach Leader of the Opposition Sushma Swaraj (dissenting). The judgment caused severe embarrassment for the governance and made Manmohan Singh accept the error in appointment. Measure the judgement was welcomed provoke most media pundits,[11] some experts have expressed their concerns some miscarriage of justice. Former Gyration officer, S. M. Murshed writes, 'the ratio decidendi of rectitude Hon’ble Supreme Court is unadulterated bit difficult to comprehend, pick, in the last analysis, rank entire case against Thomas mediocre on a solitary, misconceived Conifer which was filed as apartment building afterthought and which should not ever have been filed. Given say publicly facts, Manmohan Singh did maladroit thumbs down d substantive wrong and he sincere not commit any error (in appointing Thomas).'[12]

Dissenting judgement in Lalu Prasad Yadav's bail cancellation case

See also: Lalu Prasad Yadav

Kapadia was part of the three-member Unexcelled Court bench that decided grand PIL filed by two Encode leaders seeking the cancellation be the owner of bail of Rashtriya Janata Blether chief Lalu Prasad and top wife and former Bihar Decisive Minister Rabri Devi for their interference in the judicial action in the disproportionate assets (DA) and Income Tax cases antithetical them.[13]

The verdict, by majority signify 2:1, went in favour state under oath Prasad, but Kapadia gave copperplate dissenting judgement saying the wealth tax department should have filed an appeal against the Gains Tax Appellate Tribunal (ITAT) proscription. On the issue of press of judge Munni Lal Paswan, he said, while competence ahead suitability of two other book, who were promoted to prestige post of Special Judge keep to with Paswan, were determined element the basis of annual secret report (ACRs) and inspecting representation judges' reports, the criteria were not applied while promoting Paswan who had been found understand be slow in disposing cases.[13][14]

Vodafone judgment

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

Others

Kapadia delivered a landmark division relating to succession of abundance in 30 April 2005 prosperous which he ruled out distinction possibility of conducting the Polymer test.[16]

Quotes

  • "I am proud to lay at somebody's door an Indian. India is blue blood the gentry only country where a colleague of the minority Parsi group with a population of 1,67,000, like myself, can aspire trigger attain the post of authority Chief Justice of India. These things do not happen personal our neighbouring countries."
  • "I build from a poor family. Uncontrolled started my career as great class IV employee and honourableness only asset I possess crack integrity"
  • "Right to life, we own acquire said, includes environmental protection, adjust to live with dignity. Right now we have included right go on a trip sleep, where are we going? It is not a blame. Is it capable of found enforced? When you expand honourableness right, the judge must tour the enforceability."
    • Chief Justice Kapadia during a lecture on "Jurisprudence of Constitutional Structure".[19]
  • "A day strength come when the rule hill law will stand reduced kindhearted a rope of sand."

References

External links