Bombay HC Acquits Bank Official Long After His Demise [Read Judgment]
7 years, 8 months ago

Bombay HC Acquits Bank Official Long After His Demise [Read Judgment]

Live Law  

Upholding the principles of natural justice, the Bombay High Court has absolved a bank manager, long after his demise, of the charges of financial fraud as part of the 1992 Harshad Mehta stock scam and directed that his terminal and retirement benefits be paid to his wife and three children who fought the legal battle to exonerate his name.A bench of Justice M S Karnik and Justice AA. Upholding the principles of natural justice, the Bombay High Court has absolved a bank manager, long after his demise, of the charges of financial fraud as part of the 1992 Harshad Mehta stock scam and directed that his terminal and retirement benefits be paid to his wife and three children who fought the legal battle to exonerate his name. Pai’s wife Sushila Dayanand Pai and their three children -Jagdish, Sudhir and Raghvendra, had taken ahead the legal fight with the bank wherein the court concluded that Pai was denied a fair enquiry and hearing. The petitioner could not be reasonably expected to engage a Defence Assistant within such a short span of time to represent him in the enquiry proceedings when such serious charges are levelled against him.

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History of this topic

Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit
4 months ago

Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit

Live Law  

In a plea challenging the dismissal of summons to judgment in a commercial summary suit, the Bombay High Court set aside a trial court's order granting a company unconditional leave to defend itself, while noting that the company had not denied the existence of outstanding dues owed for the services rendered by the other party. In doing so the court …

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates
6 months, 2 weeks ago

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that in a departmental enquiry, if the enquiry officer himself/ herself acted as the prosecutor, the entire departmental enquiry would stand vitiated. It was the case of the petitioner that at the time of conducting the enquiry, the enquiry officer played the role of the presenting officer by asking several questions to the witnesses and …

Bombay High Court dismisses plea against appointment of former CBI chief
1 year, 6 months ago

Bombay High Court dismisses plea against appointment of former CBI chief

India Today  

The Bombay High Court has dismissed a petition filed by a former Maharashtra police official who sought to quash the order appointing IPS officer Subodh Jaiswal as the director of the Central Bureau of Investigation. The plea, filed by retired Assistant Commissioner of Police Rajendra Trivedi, had also requested the court to restrain Jaiswal from carrying out his duties as …

HC adjourns Bandi's criminal petition
1 year, 11 months ago

HC adjourns Bandi's criminal petition

Deccan Chronicle  

HYDERABAD: The Telangana High Court adjourned the criminal petition filed by Bandi Sanjay Kumar, Member of Parliament from Karimnagar, and President of the state BJP, seeking to quash the order of the district court at Hanamkonda in allowing the remand report of police to send him to judicial custody in the case pertaining to the Hindi question paper leak of …

ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'
2 years, 9 months ago

ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'

Live Law  

The Calcutta High Court vide order dated June 8, 2022, has suggested that the CBI issue a fresh circular empowering the Additional Solicitor General and the Public Prosecutor to give their opinion to the Director of Prosecution on filing appeals challenging court orders, to cut down on delay.Justice Bibek Chaudhuri had expressed displeasure at the agency for filing appeals after …

'Not Maintainable': Calcutta HC Refuses To Interfere With Single Bench Order That Stayed Criminal Proceedings Against BJP MLA Suvendu Adhikari
3 years, 4 months ago

'Not Maintainable': Calcutta HC Refuses To Interfere With Single Bench Order That Stayed Criminal Proceedings Against BJP MLA Suvendu Adhikari

Live Law  

The Calcutta High Court on Wednesday refused to interfere with an order of a Single Bench of the High Court dated September 6, 2021 wherein criminal proceedings initiated against BJP MLA and Leader of the Opposition in West Bengal Assembly Suvendu Adhikari had been stayed. Justice Rajasekhar Mantha had issued a stay order on proceedings initiated against Adhikari in respect …

"Sensitive Server": Delhi High Court Directs CBI Enquiry To Ascertain Source Of Income Tax Dept Email Granting Adjournment To Assessee Firm
3 years, 8 months ago

"Sensitive Server": Delhi High Court Directs CBI Enquiry To Ascertain Source Of Income Tax Dept Email Granting Adjournment To Assessee Firm

Live Law  

The Delhi High Court last week directed a CBI enquiry for ascertaining the source of an adjournment email allegedly sent by Income Tax Department to an assessee firm while warning initiation of action against either of the parties who would have forged the same.Observing that the matter was serious since one of the parties had either forged the document or …

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR
3 years, 10 months ago

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR

Live Law  

The Bombay High Court has granted liberty to the State of Maharashtra and former State Home Minister Anil Deshmukh to approach the vacation bench in case they want to seek urgent interim reliefs in the FIR lodged by the Central Bureau of Investigation pertaining to former Mumbai Police Commissioner Param Bir Singh's corruption allegations. While Deshmukh's petition was adjourned as …

Bombay HC Dismisses Plea For Accommodation Policy For Judicial Officers Who Have Served For 15 Yrs [Read Order]
6 years, 4 months ago

Bombay HC Dismisses Plea For Accommodation Policy For Judicial Officers Who Have Served For 15 Yrs [Read Order]

Live Law  

The Bombay High Court recently dismissed a petition demanding a direction to the State Government to frame a policy document outlining the rules for allotting permanent accommodation to the Judicial Officers who have put in 15 years of service.The order was passed by a Bench comprising Justice BR Gavai and Justice MS Karnik on a petition filed by former journalist …

Bombay HC Reserves Order On A Plea Seeking Directions To CBI To Challenge Amit Shah’s Discharge In Sohrabuddin Case
6 years, 5 months ago

Bombay HC Reserves Order On A Plea Seeking Directions To CBI To Challenge Amit Shah’s Discharge In Sohrabuddin Case

Live Law  

The Bombay High Court on Wednesday heard the PIL seeking a writ of mandamus to be issued to the Central Bureau of Investigation directing the agency to challenge the discharge of BJP national president and Member of Parliament Amit Shah from the alleged fake encounter case of Sohrabuddin Shaikh.A division bench of Justice Ranjit More and Justice Bharati Dangre gave …

Final hearing on Dec. 6 on Sharma’s plea for CBI probe, trial transfer
11 years, 4 months ago

Final hearing on Dec. 6 on Sharma’s plea for CBI probe, trial transfer

The Hindu  

The Supreme Court has posted for final hearing on December 6 a petition filed by suspended Gujarat IAS officer Pradeep N. Sharma, seeking a CBI probe into the five cases pending against him and transfer of the trial outside the State. The court earlier issued notice to Chief Minister Narendra Modi, the Gujarat government and the CBI on Mr. Sharma’s …

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