Bio-Data

HON'BLE MR. JUSTICE SHIV KUMAR SHARMA, JUDGE,     RAJASTHAN HIGH COURT.

        Born on October 11, 1946 at Kota (Rajasthan),  His Lordship received early education in Kota.  His Lordship received degrees of B.Com. in 1964 and LL.B. in 1966 from the University of Rajasthan.  In 1967, His Lordship passed the Bar Council Examination and was enrolled as an Advocate.  His Lordship also received degree of M.A. (Hindi) in 1968.

       His Lordship practiced both in the District Court at Kota and Rajasthan High Court  at Jaipur Bench.  During his practice, His Lordship argued Civil, Constitutional, Revenue,  Election and Criminal matters.  During  this period, His Lordship also appeared frequently before the Hon'ble Supreme Court and argued  Election, Civil and Service cases.  During the year 1974-75 and 1975-76, His Lordship also worked as Part-time Law Lecturer in the Government College, Kota.

    His Lordship was elevated as Permanent Judge of the Rajasthan High Court on April 06, 1996.  During his tenure as a Judge, His Lordship was nominated as an Executive Chairman, Rajasthan State Legal Services Authority, Jaipur on 26^th April, 1999 for a period of three years.  His Lordship was again nominated as an Executive Chariman, Rajasthan State Legal Services Authority  in July 2002 for a period of three years.  His Lordship has worked as Executive Chairman upto July 2005.  Under the dynamic Chairmanship of His Lordship, the Rajasthan State Legal Services Authority focused on different  areas by  declaring  the year 1999 as “An Year of Action”, year 2000 as “An year of Awareness”, Year 2001 as “An year of Introspection”, 2002 as “An year of Public Utility Services”, 2003 as “An Year of Taluka Legal Services”, 2004 as “An year of Legal Services Clinics and lastly 2005 as “An year of Excellence”.  Different themes were taken so as to concentrate on that particular area throughout the year. Thus, during his Lordship's tenure, Rajasthan emerged as the front  runner in implementing legal services in the Nation.

    Pursuant to the Resolution Item No.22 of the Chief Justices' Conference held on March 9, 2006, Chief Justice Rajasthan,  nominated His Lordship on September 19, 2006 to oversee the condition and functioning of the remand/observation homes established under Juvenile Justice  (Care and Protection of Children) Act, 2000.

  As a Judge, His Lordship has headed three Full Benches and has presided over the Division Bench for many years.  Up till now His Lordship decided 50271 cases  in various fields from the Criminal to Writ, from  Company to Arbitration and from Civil to Constitutional laws.  His Lordship while Presiding Criminal Division Bench disposed  more than 900 Jail appeals.

  Not only His Lordship has a legal acumen, but is also a well known poet in his  on right. Writing  under the pseudonym of 'Kumar Shiv' His Lordship prior to elevation as a Judge attended numerous Poetic Symposiums at National Level organised by Doordarshan and  All India Radio.  His Lordship has been actively associated as a member of Governing Body of Rajasthan Sahitya Academy.  His Lordship was nominated as Chairman Rajasthan Hindi Vidhi Satarkta Samiti on August 20, 1998. Publication of Indian Law Report  (Rajasthan  Series) has been  revived under His Lordship's guidance. 

  His Lordship is not only interested in academic arena, but has also associated with sports activities.  His Lordship has been an avid cricket player and led College Cricket Team in 1966.  His Lordship has also been actively associated as a member of Rajasthan Olympic Association.

IMPORTANT FULL BENCH CASES:

(1)              Kanta Prasad Sharma Vs. State ( Cr. Misc. Application No.0143 of 1993 (def) Decided on Feb. 15, 2005 (reported in Western Law Cases (Raj.) 2005(2) page 9.

                      The point involed in this matter was the publication of pamphlets referred in Notification issued under section 95 Cr.P.C. by the State of Rajasthan  and the notification was held to be not offending sections 153-A, 153-B, and 295A Cr.P.C.

(2)              Ganesh Raj vs. State  (Cr. Misc. Second Bail Application No.783/2005 decided on April 1, 2005 (reported in Western Law Cases 2005(2) page 327.

                  The point involved in this case was decided on the basis of Kalyan Chandra Sarkar's case (Western Law Cases (SC)  Cr. 2005(1)  page 251,  it was held that second or subsequent bail application under Section 438 Cr.P.C. can be filed if there is a change in  the fact situation or in law.

(3)              Commissioner of Wealth Tax vs. Smt. Kusum Bader (Wealth Tax Reference Application No. 118 of 1988 decided on Feb. 2, 2005 ( reported in Western Law Cases (Raj.)  2005(2) page 135.

                   This case was decided on the basis of issue involved in the judgment of Apex Court in M/s. Juggi Lal Kamlapat Bankers and  Anr. Vs. Wealth Tax Officer  (1984) l SCC 571) and the matter was remanded to the Division Bench to decide the applications  in the light of the judgment of Apex Court.

(4)              State of Rajasthan vs. Santosh Yadav (Cr. Misc. Petition No. 1233 of 2001 decided on Feb. 22, 2005  (reported in  Western Law Cases ( Raj.) 2005 (2) page 1.

      The point involved in this matter was that the Police can seek permission to remove an accused from Judicial custody to police custody for completion of investigation in another case, for this purpose  production warrant  under Section 267 Cr.P.C. can be issued.

(5)              Ramesh Chand Tiwari vs. State  (Appeal No. 1383 of 1996  decided on March 24, 2005 (reported in Western Law Cases  2005(2) page 305.

         The point involved in this matter was whether intra court appeal to the Division Bench is maintainable  against the order rendered by the  learned  Single Judge, in supervisory jurisdiction under Article 227 of the Constitution.