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2010 Supreme(SC) 1076

CHANDRAMAULI KR.PRASAD, SWATANTER KUMAR
S. D. Joshi – Appellant
Versus
High Court of Judicature at Bombay – Respondent


JUDGMENT

Swatanter Kumar, J.

In the present writ petition, under Article 32 of the Constitution of India, the following simple but questions of some legal significance and consequences arise for consideration:

(a) What is the scope of the expression `judicial office' appearing in Article 217(2)(a) of the Constitution?

(b) Whether a `Family Court' has the trappings of a Court and the Family Court Judges, being the Presiding Officers of such Courts, on the claimed parity of jurisdiction and functions, would be deemed to be the members of the Higher Judicial Services of the State?

(c) If answer to the above question is in affirmative, then whether Family Court Judges are eligible and entitled to be considered for elevation as Judge of the High Court in terms of Article 217 of the Constitution of India? The facts giving rise to the above questions fall in a narrow compass and can be precisely stated as under: Though the Parliament enacted the Family Courts Act 1984 (for short, `the Act') on 14th September, 1984, the same was given effect in the State of Maharashtra from 1st December, 1986 vide notification No. S.O. 944(E) dated 5th December, 1986. All the petitioners are presently work

































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