SHABBIR Vs. STATE

JUDGEMENT

(1.) THIS criminal revision was listed for hearing before Satish Chandra, J, who along with Capoor and Tripathi, JJ. , was appointed to be an Additional Judge of this Court in the beginning of October, 1963. All of the three made and subscribed to the following oath in the presence of the Chief fustice of the Court on 7-10-1963:

(2.) THE Chief Justice purported to act under a letter of authority, dated August 25, 1963 addressed to him by the Governor of Uttar Pradesh. That letter reads as follows: <FRM>JUDGEMENT_177_TLALL0_1963Html1.htm</FRM>

(3.) ON 18th October, 1963 it was discovered that the Constitution Sixteenth Amendment Act (hereinafter referred to as the Amending Act), 1963 had received the assent of the President on 5th October, 1963 and by means of Section 5 of that Act, the form of the oath required to be made by a person appointed to be a Judge of a High Court had been slightly amended. Consequently, the same day, in the afternoon, the three fudges mentioned above, made and subscribed oath in the presence of the Chief Justice in the following amended form: