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Appointment In Public Services Secured Through Fraudulent Concealment Void Ab Initio, Long Continuation In Service Immaterial: Allahabad High Court
The Allahabad High Court, sitting in Lucknow, recently held that when employment in a public service is obtained by playing fraud, the long continuation in such service would be immaterial to uphold the appointment.Justice Dinesh Kumar Singh observed,"it is evident that the petitioner has suppressed the material fact and played fraud for securing public employment and, therefore, his...
No Relaxation In Requirements Stipulated In Recruitment Advertisement Unless Power Is Specifically Reserved: Gujarat High Court
"When a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There cannot be any relaxation in terms and conditions of the advertisement unless such a power is reserved," the Gujarat High Court held recently.The Bench comprising Justice Biren Vaishnav made this observation in a Special Civil Application filed by one Parulben...
Proceedings For 'Refund Of Advance' Civil In Nature, 'Dishonest Intention' Must Exist From Inception Of Transaction To Attract 420 IPC: Telangana HC
The Telangana High Court recently reiterated that the dispute regarding non-refund of money is of civil nature. For criminal prosecution under the offence of cheating or criminal breach of trust, it has to be proved that the accused persons had an intention to cheat/deceive the victim from the inception and accused dishonestly misappropriated the property entrusted to...
No Stay On Release Of 'Gangubai Kathiawadi' Movie; Supreme Court Dismisses Plea Of 'Adopted Son'
The Supreme Court on Thursday dismissed a special leave petition which sought a stay on the release of Sanjay Leela Bhansali movie "Gangubai Kathiawaidi" starring Alia Bhatt.A Bench comprising Justice Indira Banerjee and Justice JK Maheshwari dismissed the special leave petition filed by a man named Babuji Shah claiming to be Kathiawadi's adopted son challenging Bombay High Court's order...
Delhi High Court Directs Twitter To Take Down Tweets Of Historian Audrey Truschke Against Vikram Sampath
The Delhi High Court on Thursday directed micro blogging site Twitter to take down some of the tweets made by historian Audrey Truschke against historian Dr. Vikram Sampath over allegations of plagiarism against him with respect to his two-volume biography of Vinayak Damodar Savarkar. Justice Amit Bansal was hearing an application filed in the suit filed by Sampath against Audrey Truschke...
Parties Would Be Put In 'Embarrassing Position' Not Ground To Dispense Departmental Inquiry: Gujarat High Court
The Gujarat High Court has recently affirmed that in dispensing with departmental inquiry, the authority must arrive at a satisfaction that it is not reasonably practicable to follow the procedure and it must record reason to show that such satisfaction is arrived at on objective facts and not on whims and caprice.Further, Justice Sangeeta Vishen observed that parties concerned will be put...
No Vicarious Liability For Criminal Offences In Absence Of Statute: Karnataka HC Quashes Defamation Case Against MP Rajeev Chandrashekhar
The Karnataka High Court has quashed the defamation proceedings against Member of Parliament, Rajeev Chandrashekhar, initiated in the year 2012, when he was the Managing Director of Suvarna News 24/7 Kannada Television Channel. A single judge bench of Justice M Nagaprasanna while allowing the quashing petition filed by Chandrashekhar said "The principle of vicarious liability is...
Recruitment Process Can't Be Challenged At Any Stage Of Time, However Genuine The Grievance Is : Supreme Court
The Supreme Court has observed that in a recruitment process, a candidate cannot be permitted to approach for redressal, however may be the genuineness of the grievance, at any stage of time as there has to be a closure to the process of recruitment. The bench of Justices SK Kaul and MM Sundresh was considering a civil appeal assailing Calcutta High Court's order dated December 22,...
Circumstantial Evidence Should Not Only Be Consistent With Guilt Of Accused But Also Be Inconsistent With His Innocence: Allahabad HC Reiterates
"(Circumstantial) evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence," the Allahabad High Court reiterated recently.The observation was made by a division bench of Justice Vivek Kumar Birla and Justice Subhash Vidhyarthi while dismissing an appeal filed by the victim against the order of Additional Sessions Judge, Badaun,...
Supreme Court To Hear Tomorrow BJP's Plea To Deploy Central Forces For West Bengal Municipal Polls
The Supreme Court on Thursday has agreed to hear a petition filed by the Bhartiya Janata Party (BJP) party leaders Mousumi Roy and Pratap Banerjee against the decision of the Calcutta High Court which had declined to issue directions for the deployment of central forces for the upcoming elections to to the remaining 108 municipalities of West Bengal which is scheduled to take place on...
Magistrate Can't Use Power U/S 451/457 Cr.P.C. When Trial Or Inquiry Has Not Been Set In Motion: Meghalaya High Court
The Meghalaya High Court has held that Magistrate cannot employ his power under Sections 451/457, Cr.P.C. when trial or inquiry has not been set in motion. Sections 451 and 457 deal with an order for custody and disposal of property pending trial and procedure by police upon seizure of property respectively. While setting aside the order of the Magistrate under such Sections, the...