V.K.SHUKLA, A.P.SAHI, VIKRAM NATH, S.K.JAIN, JANARDAN SAHAI
In Re : SADHNA UPADHYAYA, ADVOCATE – Appellant
Versus
. – Respondent
By the Court.—Long before our Late Prime Minister Pt. Jawahar Lal Nehru had within the portals of the Parliament trumpeted the creation of a free Nation in 1947 proclaiming that India was making her tryst with destiny, the Queen Empress Victoria, through a solemn Royal Charter in the year 1866, laid the surest and firm foundations of this institution representing what every free human being desires, the rule and majesty of law in a civilized Society. This acknowledged the supremacy of law to a great extent even in the British ruled dominions that held sway over almost every part of the Globe. This authenticated document which is still preserved in original and housed in the Museum of our Court, heralded a new era of dispensation of justice with new hopes of preservation of the rule of law. The monarchy came to an end and then dawned a new Republic. With the birth of a new nation, we gave ourselves a New Constitution with a pledge to preserve the rule of Law in a new democracy.
2. Holding on to the heritage of a Judicial System with its colonial background and imperial authority, but with a new backbone and with visions that stood enshrined and engrafted firmly therein, this
(1972) 3 SCC 839 (Para 63)-Distinguished
(1974) 1 SCC 374 (Para 90)-Relied on.
2008(7) ADJ 336 (FB) (Para 37)-Referred
(1995) 2 SCC 584 (Para 95)-Reversed by (1998) 4 SCC 409 (Para 95)
AIR 2007 Jhar 67 (FB) (Para 106)
(1994) 4 SCC 564 (Para 114)-Considered
(1980) 2 SCC 471 (Para 189)-Referred.
(1995) 2 SCC 584 (Para 24)-Relied on.
(2003) 2 SCC 45 (Para 97)-Considered
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