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, 2 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, the bench comprising Justices Ashok Bhushan and. 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 court, referring to the proceedings of the Administrative Committee and Examination cum-Selection and Appointment Committee, noted that it had taken a resolution that due to pendency of the case under Section 498A, 406-34 IPC on the basis of complaint filed by the wife, the candidate was not considered suitable for being appointed to the post of District Judge. The fact that subsequently the appellant was acquitted in the criminal case did not furnish sufficient ground for reconsidering the appellant for appointment on the post The court also considered another contention that the decision declaring him unsuitable on the ground of pendency of criminal case under Section 498A, 406 IPC was contrary to the guidelines issued by the Government of Madhya Pradesh for character verification, which states that, on the acquittal on merit of the case by the Court, the candidate will be eligible for Government service.

Court Criminal Verification Case Judge Character Section 498A Ipc Committee Candidate District Ground Madhya Pradesh Criminal Case Appellant District Judge Acquitted Justices Ashok Bhushan Government Service Character Verification Criminal Case U Whose Candidature  judge  committee  candidate  appellant  sc  judgment  court  upholds  case  district  ground  acquitted  verification  read  ipc  character  criminal  later  rejection

History of this topic

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
1 month, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
1 month, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

SC to deliver verdict on Thursday on plea against 'caste-based discrimination' in jails
2 months, 3 weeks ago

SC to deliver verdict on Thursday on plea against 'caste-based discrimination' in jails

New Indian Express  

NEW DELHI: The Supreme Court is scheduled to pronounce its verdict on Thursday on a plea which has alleged that prison manuals of some states in the country encourage caste-based discrimination. While issuing notices to the Union Ministry of Home Affairs and others, the apex court had asked Solicitor General Tushar Mehta to assist it in dealing with the issues …

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case
3 years, 2 months ago

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case

Live Law  

The perception of the common man about the credentials and background of the judicial officer is vital, the Supreme Court observed while upholding non-appointment of a candidate to a post of judicial officer on the ground of the absence of 'honourable acquittal' in criminal cases.The bench of Justices KM Joseph and PS Narasimha observed that most suitable persons should be …

Supreme Court Rejects Plea To Constitute Committees To Hold Preliminary Inquiries Before Lodging Sedition Cases Against Senior Journalists
3 years, 6 months ago

Supreme Court Rejects Plea To Constitute Committees To Hold Preliminary Inquiries Before Lodging Sedition Cases Against Senior Journalists

Live Law  

In its judgment quashing sedition case against Journalist Vinod Dua, the Supreme Court rejected the plea to direct the State Governments to constitute committees to conduct preliminary inquiry before FIRs are registered against senior journalists.That would amount to encroachment upon the field reserved for the legislature, the bench comprising Justices UU Lalit and Vineet Saran. In its judgment quashing sedition …

UPSC exams: SC dismisses writ plea seeking another chance to aspirants
3 years, 10 months ago

UPSC exams: SC dismisses writ plea seeking another chance to aspirants

The Hindu  

The Supreme Court on Wednesday dismissed a plea by Union Public Service Commission aspirants, whose last attempt to crack the civil services exam was marred by COVID-19, for another chance in 2021. “What is being claimed and prayed for under the guise of COVID-19 pandemic is nothing but a lame excuse in taking additional attempt to participate in the Civil …

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint
4 years, 2 months ago

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint

News 18  

The Supreme Court on Wednesday upheld the Madhya Pradesh High Court’s decision annul an advocate’s selection as a district judge for subjecting his wife to cruelty at her matrimonial home as per a complaint under Section 498A of the IPC. A bench of Justices Ashok Bhushan and M R Shah said, “The decision of the examination-cum-selection and appointment committee for …

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]
4 years, 3 months ago

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]

Live Law  

Asserting that in the selection of police personnel, reference to the character, antecedents, criminal case, etc. of the candidate is of paramount significance, the Madras High Court recently warned that otherwise "there is every possibility of one more incident like that of Sathankulam, Tuticorin District", where an Inspector and his team were alleged to be a root cause for the …

SC to examine \'larger issues\' on allegations against judges
4 years, 4 months ago

SC to examine \'larger issues\' on allegations against judges

Deccan Chronicle  

New Delhi: The Supreme Court on Monday said that it will examine the larger questions involved in contempt cases with respect to allegations of corruption against sitting or former judges and the procedure to be followed in dealing with them. The court passed this order while hearing the 2009 contempt case against advocate Prashant Bhushan who allegedly spoke about judicial …

Police Verification Report Sparks Legal Battle Over Civil Judge Selection
6 years, 11 months ago

Police Verification Report Sparks Legal Battle Over Civil Judge Selection

Live Law  

The Bombay High Court has dismissed a petition filed by Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report. The bench of Justice Vasanti Naik and Justice Sarang Kotwal found that Imran was acquitted in the criminal case and that the …

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