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 after disclosure is made. “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 after disclosure is made by a candidate about criminal cases pending against him, the employer would be well within his rights to consider the antecedents and the suitability of the candidate. The bench comprising Justice UU Lalit and Justice DY Chandrachud, while allowing appeal filed by the State of Madhya Pradesh against Madhya Pradesh High Court judgment, observed that 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 bench mainly referred to Avtar Singh v. Union of India, wherein it was observed that even in cases where a truthful disclosure about a concluded case was made, the employer would still have a right to consider antecedents of the candidate and could not be compelled to appoint such candidate.

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History of this topic

Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date
1 week, 2 days ago

Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date

Live Law  

Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission. The bench of Justice Anoop Kumar Dhand also opined that there …

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC
4 months, 1 week ago

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

Live Law  

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. The order was passed relying on Clause 8 of the Office Instructions, which provides that a candidate would be declared unfit for appointment if he had concealed or made …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
1 year ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
1 year, 2 months ago

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami
1 year, 4 months ago

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami

The Hindu  

AIADMK general secretary Edappadi K. Palaniswami has expressed his inability to come to the Madras High Court premises to provide evidence in a 2019 defamation suit filed by him against journalist Mathew Samuel and others, for having linked his name with the 2017 Kodanad heist-cum-murder case. Justice N. Sathish Kumar directed the High Court Registry to list the application, filed …

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process
1 year, 5 months ago

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process

Live Law  

In a significant order that has alleviated the concerns of eligible candidates, the Madhya Pradesh High Court has given strict directions to the State Public Service Commission to comply with the High Court’s judgment in Vaishali Wadhwani and Others v. The State of Madhya Pradesh. While disposing the petition filed by one of the candidates, the high court observed that …

Supreme Court extends stay on proceedings against Kejriwal in U.P. over election law violation
1 year, 8 months ago

Supreme Court extends stay on proceedings against Kejriwal in U.P. over election law violation

The Hindu  

The Supreme Court on July 17 extended its interim stay on proceedings against Delhi Chief Minister Mr. Arvind Kejriwal in a case lodged against him for allegedly making objectionable remarks against the BJP and Congress in Uttar Pradesh during the 2014 Lok Sabha poll campaign. In his plea filed in the apex court, Mr. Kejriwal has said the petition raises …

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date
1 year, 9 months ago

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date

Live Law  

The Supreme Court, recently, delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date. However, Justice Trivedi concluded that the appellants who are the defaulters could not be given preferential treatment by accepting the certificates …

Defamation Case: 'Consequences Irreversible, Will Lose 8 Yrs Of Political Career If Conviction Not Stayed': Sr. Adv. Abhishek Singhvi In Gujarat HC For Rahul Gandhi
1 year, 10 months ago

Defamation Case: 'Consequences Irreversible, Will Lose 8 Yrs Of Political Career If Conviction Not Stayed': Sr. Adv. Abhishek Singhvi In Gujarat HC For Rahul Gandhi

Live Law  

Appearing before the Gujarat High Court for Congress leader and disqualified MP Rahul Gandhi in his criminal revision plea filed seeking a stay on his conviction in the 'Modi-Thieves' remark case, Senior Advocate Abhishek Manu Singhvi today argued that non-stay on conviction will have irreversible consequences for Gandhi and that he would stand disqualified for a period of 8 years …

Rahul Gandhi Case: Did Sessions Court Miss an Opportunity to Right a Wrong?
1 year, 10 months ago

Rahul Gandhi Case: Did Sessions Court Miss an Opportunity to Right a Wrong?

The Quint  

The sessions judge also placed reliance on the apex court judgment in Naranbhai Bhikhabhai Kachchadia vs State of Gujarat, pronounced by a bench of Justices Lokur and NV Ramana. In this case, the apex court quashed the proceedings against Bharatiya Janata Party MP Kachhadia, but as per Purnesh Modi’s counsel: “while allowing appeal had not disturbed or quashed the finding …

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court
1 year, 11 months ago

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by …

Allahabad HC Grants Relief To Assistant Teachers Candidates Whose Recruitment Was Cancelled Due To Application Form Discrepancy
2 years, 3 months ago

Allahabad HC Grants Relief To Assistant Teachers Candidates Whose Recruitment Was Cancelled Due To Application Form Discrepancy

Live Law  

The Allahabad High Court on Monday granted relief to certain candidates who participated in the process of recruitment of 69000 Assistant Teachers in Primary Schools but their candidature was canceled by UP Goverment due to discrepancies/errors mentioned in the application form relating to "Shiksha Mitra".The bench of Justice Om Prakash Shukla observed that in case a candidate furnishes. The Allahabad …

SC-Lawyer Seeks AG's Consent For Contempt Action Against Info. Commissioner For 'Lowering' Supreme Court's Authority In His Order
2 years, 3 months ago

SC-Lawyer Seeks AG's Consent For Contempt Action Against Info. Commissioner For 'Lowering' Supreme Court's Authority In His Order

Live Law  

A Supreme Court Advocate-On-Record has written a letter to the Attorney General for India, R. Venkataramani, seeking his consent for the initiation of criminal contempt proceedings against the Information Commissioner, CIC-Uday Mahurkar claiming that he lowered the authority of the Supreme Court of India in his Order. Essentially, in an order dated 25-11-2022, the Information Commissioner, Uday Mahurkar had observed …

[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 …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 7 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

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 …

Maha govt has no right to file petition on behalf of officers in Anil Deshmukh case, CBI tells Bombay HC
3 years, 4 months ago

Maha govt has no right to file petition on behalf of officers in Anil Deshmukh case, CBI tells Bombay HC

India Today  

The Central Bureau of Investigation told the Bombay High Court on Monday that the Maharashtra government had no right to seek quashing of summons to top bureaucrats in the extortion case against former home minister Anil Deshmukh. The state government had earlier approached the court to seek quashing of the summons issued by CBI to state chief secretary Sitaram Kunte …

Even Kasab got benefit of rule of law: Anil Deshmukh's lawyer to Bombay HC on CBI probe
3 years, 8 months ago

Even Kasab got benefit of rule of law: Anil Deshmukh's lawyer to Bombay HC on CBI probe

India Today  

Former Maharashtra home minister Anil Deshmukh told the Bombay High Court on Friday that the ongoing CBI inquiry against him over corruption charges did not have the required sanction. Anil Deshmukh's counsel told the court that the cases registered against him were in breach of legal procedure and that even 26/11 terrorist Ajmal Kasab got the benefit of the rule …

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge
3 years, 10 months ago

Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge

Live Law  

The Sikkim High Court on Monday ruled that acquittal of a person in a case involving moral turpitude by giving benefit of doubt is not sufficient to grant him employment. The above position of law was very recently re-affirmed by the Supreme Court in the case of State Of Rajasthan v. Love Kush Meena, where it was held, "The mere …

SC Upholds Rejection Of Candidature Of A District Judge Aspirant Who Was Later Acquitted In Criminal Case U/s 498A IPC [Read Judgment]
4 years, 5 months ago

SC Upholds Rejection Of Candidature Of A District Judge Aspirant Who Was Later Acquitted In Criminal Case U/s 498A IPC [Read Judgment]

Live Law  

The Supreme Court has dismissed plea of a District Judge aspirant whose candidature was on the ground of pendency of a criminal case under Section 498A IPC filed by his wife.The mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward, …

Related Witnesses' Testimony, If Found Truthful, Can Be The Basis Of Conviction: SC [Read Judgment
4 years, 5 months ago

Related Witnesses' Testimony, If Found Truthful, Can Be The Basis Of Conviction: SC [Read Judgment

Live Law  

The Supreme Court has observed that testimony of the related witness, if found to be truthful, can be the basis of conviction.If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony, the bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed.The court upheld observed thus while upholding conviction of five persons accused in …

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]
5 years ago

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]

Live Law  

The Supreme Court has observed that an appointment secured on the basis of a fraudulent caste certificate is void ab initio and Government Resolutions and Circulars cannot protect such appointees. The Apex Court bench noted that in Punjab National Bank, the Supreme Court had enforced similar resolutions and held that the candidates were protected by virtue of the government resolutions. …

Court Has To Appoint Amicus Curiae Or Request Legal Service Committee To Appoint An Advocate If Accused Is Unrepresented Before It: SC [Read Judgment]
5 years, 1 month ago

Court Has To Appoint Amicus Curiae Or Request Legal Service Committee To Appoint An Advocate If Accused Is Unrepresented Before It: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that when an accused is unrepresented before a Court, it has to either appoint an Amicus curiae or to refer the matter to the Legal Services Committee requesting it to appoint an advocate In this case, the High Court of the State of Telangana had confirmed the conviction of the accused for the offence under …

Chandrashekhar Azad Files Review Against SC Verdict On Reservation In Promotions [Read Petition]
5 years, 1 month ago

Chandrashekhar Azad Files Review Against SC Verdict On Reservation In Promotions [Read Petition]

Live Law  

Bhim Army Chief Chandrashekhar Azad on Tuesday filed a review petition in the Supreme Court against its February 7 verdict which held that there was no fundamental right to claim reservation in promotions.The petition stated that the verdict suffered from "error apparent on record" as it violated the principles of equality in opportunities under Articles 16 and 16 of the …

SC Agrees To Hear In Open Court Devendra Fadnavis's Review In False Election Affidavit Case
5 years, 1 month ago

SC Agrees To Hear In Open Court Devendra Fadnavis's Review In False Election Affidavit Case

Live Law  

The Supreme Court has agreed to hear in open court the review petition filed by former Maharashtra Chief Minister Devendra Fadnavis against last year's judgment that had set aside his clean chit in a case alleging election malpractice.A three judge bench comprising Justices Arun Mishra, Deepak Gupta and Aniruddha Bose allowed Fadnavis's application for allowing oral hearing of review petition. …

JNU sedition case: Delhi HC refuses to direct AAP govt to grant sanction for prosecution of former JNUSU president Kanhaiya Kumar
5 years, 3 months ago

JNU sedition case: Delhi HC refuses to direct AAP govt to grant sanction for prosecution of former JNUSU president Kanhaiya Kumar

Firstpost  

Delhi High Court, while disposing of petition, said it appeared that petitioner, former BJP MLA Nand Kishor Garg, has some personal interest in FIR New Delhi: The Delhi High Court on Wednesday refused to direct the AAP government to grant sanction for prosecution of former JNU students’ union president Kanhaiya Kumar in a sedition case. The court, while disposing of …

No Evidence Against Mulayam Singh & Akhilesh In Disproportionate Assets Case, CBI Tells SC
5 years, 10 months ago

No Evidence Against Mulayam Singh & Akhilesh In Disproportionate Assets Case, CBI Tells SC

Live Law  

The Central Bureau of Investigation today filed an affidavit in the Supreme Court informing that no evidence for registering a criminal case was found against former UP Chief Minister and Samajwadi Party leader Mulayam Singh Yadav and his son Akhilesh Yadav in the disproportionate assets case registered in 2007.The case was registered by CBI in 2007 for preliminary enquiry following. …

SC Dismisses Curative Petition Against Appointment Of Rakesh Asthana As CBI Special Director
6 years, 3 months ago

SC Dismisses Curative Petition Against Appointment Of Rakesh Asthana As CBI Special Director

Live Law  

The Supreme Court has dismissed a curative petition against dismissal of NGO Common’s Cause plea challenging appointment of Gujarat cadre IPS officer Rakesh Asthana as Special Director of CBI.The decision, passed by a bench comprising Chief Justice of India Ranjan Gogoi, Justice Madan B Lokur, Justice AK Sikri and Justice AM Sapre, said,“We have gone through the Curative Petition and. …

SC Dismisses Curative Petition Against Appointment Of Rakesh Asthana As CBI Special Director
6 years, 3 months ago

SC Dismisses Curative Petition Against Appointment Of Rakesh Asthana As CBI Special Director

Live Law  

The Supreme Court has dismissed a curative petition against dismissal of NGO Common’s Cause plea challenging appointment of Gujarat cadre IPS officer Rakesh Asthana as Special Director of CBI.The decision, passed by a bench comprising Chief Justice of India Ranjan Gogoi, Justice Madan B Lokur, Justice AK Sikri and Justice AM Sapre, said,“We have gone through the Curative Petition and. …

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 …

‘Don’t judge only on past conduct’: SC to Maharashtra govt on judicial appointment
6 years, 5 months ago

‘Don’t judge only on past conduct’: SC to Maharashtra govt on judicial appointment

Hindustan Times  

The Supreme Court has directed the Maharashtra government to reconsider the candidature of a man who was denied not appointed as a judicial officer because he was charged with kidnapping before being declared innocent by a trial court. A bench of justices Kurian Joseph, Sanjay Kishan Kaul and Navin Sinha allowed the appeal filed by Mohammed Imran, who was denied …

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]
6 years, 5 months ago

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]

Live Law  

‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’.A three-judge bench comprising. ‘To make past conduct, irrespective of …

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]
6 years, 5 months ago

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]

Live Law  

‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’.A three-judge bench comprising. ‘To make past conduct, irrespective of …

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
6 years, 5 months ago

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections

Live Law  

The Delhi High Court, on Tuesday, refused to entertain a PIL seeking directions to the Election Commission of India to frame guidelines for advertising criminal antecedents of candidates in the election campaign in compliance with the Supreme Court judgment in Public Interest Foundation v. Union Of India.The Bench comprising Chief Justice Rajendra Menon and Justice VK Rao opined that. The …

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]
6 years, 9 months ago

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]

Live Law  

The Supreme Court has granted an ad-interim stay of operation of the Rajasthan High Court judgment by which the High Court directed to appoint one Scheduled Caste candidate Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in the past, though he was …

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]
6 years, 9 months ago

Can A Person Be Disqualified From Appointment As A Judicial Officer Citing Acquitted Criminal Cases? SC To Examine [Read Order]

Live Law  

The Supreme Court has granted an ad-interim stay of operation of the Rajasthan High Court judgment by which the High Court directed to appoint one Scheduled Caste candidate Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in the past, though he was …

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar
6 years, 10 months ago

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar

Firstpost  

A five-judge constitution bench of the Supreme Court headed by Chief Justice of India Dipak Misra reserved its judgement on the Aadhaar matter. New Delhi: The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging the constitutional validity of Aadhaar and its enabling 2016 law. A five-judge constitution bench headed by Chief Justice Dipak Misra directed …

Nobody Will Trust Upon The Judicial System, If Appointments Are Denied Casually: Rajasthan HC Quashes Order That Disqualified Job Appointment Of SC Aspirant [Read Judgment]
6 years, 11 months ago

Nobody Will Trust Upon The Judicial System, If Appointments Are Denied Casually: Rajasthan HC Quashes Order That Disqualified Job Appointment Of SC Aspirant [Read Judgment]

Live Law  

It is beyond imagination that employer will treat the offence under Section 323 and 324 IPC at par with the other heinous offence, the bench observed.The Rajasthan High Court has directed to appoint Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in …

Nobody Will Trust Upon The Judicial System, If Appointments Are Denied Casually: Rajasthan HC Quashes Order That Disqualified Job Appointment Of SC Aspirant [Read Judgment]
6 years, 11 months ago

Nobody Will Trust Upon The Judicial System, If Appointments Are Denied Casually: Rajasthan HC Quashes Order That Disqualified Job Appointment Of SC Aspirant [Read Judgment]

Live Law  

It is beyond imagination that employer will treat the offence under Section 323 and 324 IPC at par with the other heinous offence, the bench observed.The Rajasthan High Court has directed to appoint Akashdeep Morya to the post of Civil Judge and Judicial Magistrate quashing the order disqualifying him for the post citing four criminal cases registered against him in …

SC Expunges Strictures Passed Against Sitting District Judge By Allahabad HC [Read Order]
7 years, 3 months ago

SC Expunges Strictures Passed Against Sitting District Judge By Allahabad HC [Read Order]

Live Law  

The Supreme Court in VN Singh vs Neelam Mishra & Ors. has expunged certain remarks made by the Allahabad High Court against a sitting district judge in the impugned judgment.The sitting district judge, who had retired since then, was aggrieved by the observations made in the impugned order in respect of his handling of an appeal against an interim order …

SC Reserves Judgment On Petition Challenging CBI Special Director Rakesh Asthana's Appointment
7 years, 3 months ago

SC Reserves Judgment On Petition Challenging CBI Special Director Rakesh Asthana's Appointment

Live Law  

The Supreme Court bench of Justice RK Agrawal and Justice AM Sapre on Friday reserved judgment on a writ petition, filed by NGO Common Cause, seeking the quashing of the appointment of Gujarat cadre IPS officer Rakesh Asthana as the CBI special director.Advocate Prashant Bhushan, appearing on behalf of the petitioner, relied on the judgment of the apex court in …

SC Reserves Judgment On Petition Challenging CBI Special Director Rakesh Asthana's Appointment
7 years, 3 months ago

SC Reserves Judgment On Petition Challenging CBI Special Director Rakesh Asthana's Appointment

Live Law  

The Supreme Court bench of Justice RK Agrawal and Justice AM Sapre on Friday reserved judgment on a writ petition, filed by NGO Common Cause, seeking the quashing of the appointment of Gujarat cadre IPS officer Rakesh Asthana as the CBI special director.Advocate Prashant Bhushan, appearing on behalf of the petitioner, relied on the judgment of the apex court in …

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 …

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]
7 years, 7 months ago

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.The court rejected an appeal of an aspirant.The appellant challenged the single judge bench order in the appeal taking …

#NEET Judgment Leak: Disclose Action Taken On Complaint Against Former CJI Altamas Kabir: CIC To SC Registry And DOJ [Read Order]
7 years, 10 months ago

#NEET Judgment Leak: Disclose Action Taken On Complaint Against Former CJI Altamas Kabir: CIC To SC Registry And DOJ [Read Order]

Live Law  

The Central Information Commission on Wednesday directed the Supreme Court Registry and the Department of Justice to disclose action taken on a complaint against former Chief Justice of India Altamas Kabir.The Law Ministry was further directed to disclose the steps taken in the matter relating to the alleged leak of a judgement dated 18 July 2013, in the matter of …

Bombay HC Upholds Decision To Deny Appointment To Lawyer As Civil Judge Citing His ‘Criminal’ Past [Read Judgment]
8 years, 5 months ago

Bombay HC Upholds Decision To Deny Appointment To Lawyer As Civil Judge Citing His ‘Criminal’ Past [Read Judgment]

Live Law  

A Division bench of Justice SC Dharmadhikari and Justice BP Colabawalla dismissed a petition filed by a lawyer who sought directions for his appointment to the post of Civil Judge, Junior Division and Judicial Magistrate, First Class. Although the petitioner had qualified for the post, his name was not recommended for judicial service by the Administrative Judge’s committee. Petitioner’s advocate …

Bombay HC Upholds Decision To Deny Appointment To Lawyer As Civil Judge Citing His ‘Criminal’ Past [Read Judgment]
8 years, 5 months ago

Bombay HC Upholds Decision To Deny Appointment To Lawyer As Civil Judge Citing His ‘Criminal’ Past [Read Judgment]

Live Law  

A Division bench of Justice SC Dharmadhikari and Justice BP Colabawalla dismissed a petition filed by a lawyer who sought directions for his appointment to the post of Civil Judge, Junior Division and Judicial Magistrate, First Class. Although the petitioner had qualified for the post, his name was not recommended for judicial service by the Administrative Judge’s committee. Petitioner’s advocate …

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