Corruption Can’t Be Condoned Even If Amount Involved Is Meagre: SC [Read Judgment]
7 years, 4 months ago

Corruption Can’t Be Condoned Even If Amount Involved Is Meagre: SC [Read Judgment]

Live Law  

Mere non-supply of the inquiry report does not automatically warrant re-instatement of the delinquent employee, the bench observed.The Supreme Court, in Uttarakhand Transport Corporation vs Sukhveer Singh, while upholding dismissal of a bus driver from service of Uttarakhand Transport Corporation, observed that acts of corruption/misappropriation cannot be condoned, even in cases where the. Mere non-supply of the inquiry report does not automatically warrant re-instatement of the delinquent employee, the bench observed. A bench of Justice Arun Mishra and Justice L Nageswara Rao set aside the high court agreement by observing that it did not examine whether any prejudice was caused to the delinquent employee by the supply of the inquiry officer’s report along with the show cause notice. The sole ground for setting aside the labour court award against the delinquent employee was that non-supply of the inquiry report prior to the show cause notice vitiated the disciplinary proceedings.

Inquiry Report Employee Delinquent Uttarakhand Transport Corporation Uttarakhand Transport  condoned  nonsupply  read  uttarakhand  transport  corruption  involved  court  sc  corporation  report  bench  delinquent  meagre  cant  employee  judgment  inquiry

History of this topic

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

₹20-lakh bribery case: HC stays absconding SP’s arrest till Feb 6
1 year, 1 month ago

₹20-lakh bribery case: HC stays absconding SP’s arrest till Feb 6

Hindustan Times  

Faridkot : The Punjab and Haryana high court on Monday granted interim relief from arrest to absconding superintendent of police Gagnesh Kumar till the next hearing on February 6 in a ₹20-lakh bribery case. The Punjab and Haryana high court on Monday granted interim relief from arrest to absconding superintendent of police Gagnesh Kumar till the next hearing on February …

Madras High Court stays investigation in cheating-cum-SC/ST case against Periyar University Vice-Chancellor, Registrar
1 year, 2 months ago

Madras High Court stays investigation in cheating-cum-SC/ST case against Periyar University Vice-Chancellor, Registrar

The Hindu  

The Madras High Court on Friday stayed the investigation in a case booked by the Salem city police against Periyar University Vice- Chancellor R. Jagannathan, Registrar K. Thangavel and three others for alleged misappropriation of university funds by floating a company and use of offensive language against a person belonging to a Scheduled Caste. Last month, I. Elangovan, legal adviser …

'Nature Of Duty' Relevant To Proportionality Of Sentence: Karnataka High Court Upholds Bank Manager's Dismissal For Misconduct
1 year, 9 months ago

'Nature Of Duty' Relevant To Proportionality Of Sentence: Karnataka High Court Upholds Bank Manager's Dismissal For Misconduct

Live Law  

The Karnataka High Court has upheld the dismissal order passed by the Management of Syndicate Bank against a former Manager accused of misconduct. By mentioning that the suspension order was passed pending enquiry, it cannot be said that the management was biassed against the petitioner.” It held “Suspension orders are always passed pending enquiry against an employee and therefore, the …

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant
2 years ago

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

Live Law  

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. Referring to a report by the Chief Judicial …

CBI arrests RPF inspector for accepting Rs 1 lakh bribe
2 years ago

CBI arrests RPF inspector for accepting Rs 1 lakh bribe

India Today  

The Central Bureau of Investigation has arrested an inspector of the Railway Protection Force, identified as Mukesh Kumar Meena, at Maharashtra's Akola for demanding and accepting a bribe of Rs 1 lakh from the complainant. A case was registered against the RPF official and others on a complaint alleging a demand for a bribe of Rs 3 lakh to release …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years
2 years, 1 month ago

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years

Live Law  

The Rajasthan High Court recently acquitted a clerk of District Transport Office, Sikar who was convicted by the trial court in a bribery case of Rs. Single judge bench of Justice Narendra Singh Dhaddha held: “As per the story of prosecution, Rs.150/- were given by Sultanaram to the appellant but prosecution failed to prove the demand and acceptance of the …

Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation
2 years, 2 months ago

Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation

Live Law  

Observing that a minor contradiction in witness deposition wouldn’t render the entire evidence of the witness unacceptable, the Bombay High Court upheld the dismissal of an Assistant Traffic Inspector of MSRTC for allegedly demanding and accepting bribe. Besides, the evidence proves that Gosavi demanded bribe in exchange of saving the complainant from dismissal and instructed the bakery owner to accept …

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates
2 years, 3 months ago

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates

Live Law  

The Orissa High Court has clarified that a proceeding cannot be drawn for issuance of the writ of certiorari merely to challenge a finding of fact recorded by a Lower Court/Tribunal, on the ground that the material evidence adduced before the forum was 'insufficient' to sustain the finding. While placing reliance on the ruling of the Supreme Court in Syed …

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 5 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court
2 years, 8 months ago

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling money, cannot be reinstated during the pendency of the enquiry and thereby refused to recall the order of suspension.A Division Bench of Justice P.B. The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling …

Inquiry on into ‘irregularities’ in Thiruvalluvar University
2 years, 9 months ago

Inquiry on into ‘irregularities’ in Thiruvalluvar University

New Indian Express  

VELLORE: The State Higher education department has ordered an inquiry into complaints about irregularities levelled against high-ups of Thiruvalluvar University in Vellore. Principal Secretary D Karthikeyan issued the order on June 8, appointing S Malarvizhi, Vice-Chancellor, Science City, Chennai, to hold an inquiry into the complaints. The complaint was made by Professor I Elangovan against the University’s V-C, registrar, and …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Fraud case: Telangana HC rejects MBS director’s plea
3 years ago

Fraud case: Telangana HC rejects MBS director’s plea

Deccan Chronicle  

Hyderabad: Justice Shamim Akther of the Telangana High Court has dismissed a plea from director Sukesh Gupta of MBS Jewellers to quash the EICR case registered against him under the Prevention of Money Laundering Act. The case related to purchase of gold from MMTC, a public sector enterprise, and causing loss to the latter of the order of Rs 194 …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years, 3 months ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

SIT to probe extortion case against former Mumbai Police commissioner Param Bir Singh
3 years, 7 months ago

SIT to probe extortion case against former Mumbai Police commissioner Param Bir Singh

India TV News  

Thane Police on Sunday formed a Special Investigation Team to probe an alleged extortion case against former Mumbai police commissioner Param Bir Singh and 27 others. The other accused named in the First Information Report include deputy commissioner of police Deepak Deoraj, assistant commissioner of police NT Kadam, former police officer Pradeep Sharma, inspector Rajkumar Kothmire, jailed gangster Ravi Pujari …

'Blemished Investigation With Political Maneuvering': Punjab & Haryana High Orders Re-Investigation In Kotkapura Firing Case
3 years, 11 months ago

'Blemished Investigation With Political Maneuvering': Punjab & Haryana High Orders Re-Investigation In Kotkapura Firing Case

Live Law  

Tearing into the "blemished" and "impartial" investigation conducted by former IGP of Punjab Police, Kunwar Vijay Pratap Singh, the Punjab and Haryana High Court has given a clean chit to former CM Parkash Singh Badal in the Kotkapura Firing Case. Findings In its order, the Single Judge observed that mere factum of a Chief Minister talking to the District Administration …

Bombay HC asks CBI to conduct preliminary inquiry into corruption charges against Anil Deshmukh
3 years, 11 months ago

Bombay HC asks CBI to conduct preliminary inquiry into corruption charges against Anil Deshmukh

Firstpost  

The court said this was an ’extraordinary’ and ‘unprecedented’ case that warranted an independent inquiry Mumbai: The Bombay High Court on Monday directed the CBI to conduct a preliminary inquiry within 15 days into allegations of corruption and misconduct made by former Mumbai police chief Param Bir Singh against Maharashtra Home Minister Anil Deshmukh. A division bench of Chief Justice …

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation
4 years, 3 months ago

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation

Live Law  

The Karnataka High Court on Tuesday refused to quash a criminal complaint registered under the Prevention of Corruption Act, against Chief Minister B S Yediyurappa, who is alleged of de-notifying parcels of land and allotting it to entrepreneurs, during his tenure as the Deputy Chief Minister of the state, between February 2006 and October 2007. A single bench of Justice …

Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]
4 years, 5 months ago

Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]

Live Law  

The Karnataka High Court has refused to quash a criminal case registered against former Chief Minister, H D Kumarswamy, alleging that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister between June 2006 and October 2007, for pecuniary gains. Prosecution argued: Special Public Prosecutor Venkatesh S. Arbatti, submitted that all …

That Complainant Not Satisfied Can't Be Sole Ground For Rejecting Cancellation Report & Order Further Investigation: P & H HC [Read Order]
4 years, 6 months ago

That Complainant Not Satisfied Can't Be Sole Ground For Rejecting Cancellation Report & Order Further Investigation: P & H HC [Read Order]

Live Law  

"That the complainant was not satisfied, cannot be the sole ground to discard the cancellation report and order further investigation", the Punjab and Haryana High Court has held. The petitioner before Justice Raj Mohan Singh had assailed the order dated 13.10.2018 passed by a Sub-Divisional Judicial Magistrate in a FIR registered under Section 409 IPC. The concerned Sub-Divisional Judicial Magistrate, …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 7 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

[Section 138 NI Act] Chairman/Director Of The Company Cannot Be Prosecuted Without Impleading The Company As Accused: MP HC [Read Order]
4 years, 9 months ago

[Section 138 NI Act] Chairman/Director Of The Company Cannot Be Prosecuted Without Impleading The Company As Accused: MP HC [Read Order]

Live Law  

The Madhya Pradesh High Court has observed that a Chairman of the company can not be prosecuted under Section 138 of the Negotiable Instruments Act unless the company is impleaded as an accused. A complaint was filed against the chairman of the company namely 'Well Built Industry India Ltd." after the cheque he had given under the capacity of chairman …

CBI vs CBI: Major relief for bribery-accused Rakesh Asthana, court accepts clean chit
5 years ago

CBI vs CBI: Major relief for bribery-accused Rakesh Asthana, court accepts clean chit

Hindustan Times  

The CBI special court at Rouse Avenue Complex on Saturday accepted the central investigation agency’s clean chit to former special director Rakesh Asthana and DSP Devender Kumar, while taking cognizance of the CBI’s chargesheet against Manoj Prasad. Special CBI Judge Sanjeev Aggarwal said in his order there wasn’t sufficient material against public servants - Rakesh Asthana and Devender Kumar. Former …

[Corruption] Chhattisgarh HC Orders CBI Inquiry Against High Rank Govt. Officials For Alleged Embezzlement Of Public Money [Read Order]
5 years, 1 month ago

[Corruption] Chhattisgarh HC Orders CBI Inquiry Against High Rank Govt. Officials For Alleged Embezzlement Of Public Money [Read Order]

Live Law  

The High Court of Chhattisgarh on Thursday directed the CBI to investigate into the allegations of large scale bungling and siphoning of public funds by certain high rank govt. The bench of Justice Prashant Kumar Mishra and Justice Parth Prateem Sahu noted that since the matter involved high ranked officers, there was "apprehension" that the investigation may be influenced. However, …

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]
5 years, 2 months ago

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well …

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]
6 years, 3 months ago

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]

Live Law  

“While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.”The Supreme Court has observed that even …

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]
6 years, 3 months ago

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]

Live Law  

“While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.”The Supreme Court has observed that even …

Medical College Bribery Case: Bhushan Writes Letter To CJI Seeking Other SC Judges’ Permission For FIR Against Justice Narayan Shukla
6 years, 7 months ago

Medical College Bribery Case: Bhushan Writes Letter To CJI Seeking Other SC Judges’ Permission For FIR Against Justice Narayan Shukla

Live Law  

Prashant Bhushan has written a letter to the Chief Justice of India Dipak Misra seeking permission, though of other judges of the Supreme Court, for registration of FIR to investigate the allegations of corruption against Justice Narayan Shukla, a sitting judge of Allahabad High Court, in connection with Prasad Medical College case.Bhushan’s letter dated August 6 is addressed to the …

Medical College Bribery Case: Bhushan Writes Letter To CJI Seeking Other SC Judges’ Permission For FIR Against Justice Narayan Shukla
6 years, 7 months ago

Medical College Bribery Case: Bhushan Writes Letter To CJI Seeking Other SC Judges’ Permission For FIR Against Justice Narayan Shukla

Live Law  

Prashant Bhushan has written a letter to the Chief Justice of India Dipak Misra seeking permission, though of other judges of the Supreme Court, for registration of FIR to investigate the allegations of corruption against Justice Narayan Shukla, a sitting judge of Allahabad High Court, in connection with Prasad Medical College case.Bhushan’s letter dated August 6 is addressed to the …

Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC [Read Judgment]
8 years ago

Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC [Read Judgment]

Live Law  

The allegation of fraud and collusion between the counsel for opposite parties, after many years, ipso facto does not render the decree invalid, the Supreme Court has observed in M/s Brakewel Automotive Components Pvt Ltd vs PR Selvam Alagappan.One of the contention by the judgment debtor in an execution proceedings was that the decree is an yield of fraud and …

Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC [Read Judgment]
8 years ago

Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC [Read Judgment]

Live Law  

The allegation of fraud and collusion between the counsel for opposite parties, after many years, ipso facto does not render the decree invalid, the Supreme Court has observed in M/s Brakewel Automotive Components Pvt Ltd vs PR Selvam Alagappan.One of the contention by the judgment debtor in an execution proceedings was that the decree is an yield of fraud and …

HC Can Interfere With ‘Flawed’ Disciplinary Enquiry: SC [Read Judgment]
8 years, 2 months ago

HC Can Interfere With ‘Flawed’ Disciplinary Enquiry: SC [Read Judgment]

Live Law  

In a case where the disciplinary authority records a finding that is unsupported by any evidence whatsoever or a finding which no reasonable person could have arrived at, the writ court would be justified if not duty bound to examine the matter and grant relief in appropriate cases, the bench said.The Supreme Court in Allahabad Bank vs. Krishna Narayan Tewari, …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

No leniency to be shown to employees in corruption cases of any degree ; Supreme Court [Read the Judgment]
9 years, 6 months ago

No leniency to be shown to employees in corruption cases of any degree ; Supreme Court [Read the Judgment]

Live Law  

The Supreme Court of India, on Monday, held that, in corruption cases, degree of corruption is immaterial and no lenient attitude is required to be shown. An SC bench of Justices Dipak Misra and Prafulla C. Pant, upheld the order of disciplinary authority who had dismissed the Bus Conductor for allowing 25 passengers to travel in the bus without ticket, …

2 Government Employees Acquitted in Bribery Case after 29 years [Read the Judgment]
9 years, 7 months ago

2 Government Employees Acquitted in Bribery Case after 29 years [Read the Judgment]

Live Law  

The Bombay High Court recently set aside 1994 conviction order by lower court wherein two Maharashtra government employees were charged with taking bribe of up to Rs. Justice Sadhana Jadhav acquitted Ravindra Joshi and Narayan Mane on the ground that the prosecution "miserably" failed to prove its case against them.The Sessions court had convicted them under the Prevention of. Justice …

2 Government Employees Acquitted in Bribery Case after 29 years [Read the Judgment]
9 years, 7 months ago

2 Government Employees Acquitted in Bribery Case after 29 years [Read the Judgment]

Live Law  

The Bombay High Court recently set aside 1994 conviction order by lower court wherein two Maharashtra government employees were charged with taking bribe of up to Rs. Justice Sadhana Jadhav acquitted Ravindra Joshi and Narayan Mane on the ground that the prosecution "miserably" failed to prove its case against them.The Sessions court had convicted them under the Prevention of. Justice …

‘A judge must consider evidence objectively’
9 years, 10 months ago

‘A judge must consider evidence objectively’

The Hindu  

Kumaraswamy delivers his judgment on the appeals filed by former Tamil Nadu Chief Minister Jayalalithaa and three others against their conviction in a disproportionate assets case on Monday, it is pertinent that the verdict satisfies the high standards of judicial accountability and objectivity set for the judge personally by the Supreme Court. On April 27, 2015, a three-judge Bench of …

No legal immunity for govt servant in criminal cases: SC
13 years ago

No legal immunity for govt servant in criminal cases: SC

Firstpost  

In the present case an official was accused by Omkar, a transporter, of collecting Rs two lakh money from him after impounding his three vehicles and refusing to issue any receipt. A bench of justices R M Lodha and H L Gokhale set aside the concurrent findings of the Punjab and Haryana High Court and a sessions court which had …

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