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Section 17A of Prevention of Corruption Act Not Retrospective; Not Applicable To FIRs Before 2018 Amendment: Supreme Court
The Supreme Court has observed that Section 17A of the Prevention of Corruption Act, 1988 ("PC Act") is not retrospective in nature. Section 17A of the Act came into force on 26th July 2018, and provides that there cannot be any enquiry, inquiry, investigation without prior approval of the appropriate authority. Justice Indira Banerjee and Justice J.K. Maheshwari, while allowing...
Karnataka High Court Dismisses Appeal Filed By IIM-B Against Single Judge Order Setting Aside Expulsion Of 9 Students Caught For Exam Malpractice
The Karnataka High Court has dismissed an appeal filed by the Indian Institute of Management (Bangalore), challenging an order of the Single Judge bench by which it had set aside the order of the Institute, expelling nine students caught for exam malpractice. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj said, "We do not find any infirmity or...
Supreme Court To Hear Appeal Challenging Madras High Court Order Quashing Criminal Proceedings Against Thiru Senthil Balaji In 2015 Job Scam Case
On Friday, the Supreme Court agreed to hear a plea challenging the order of the Madras High Court, which quashed the criminal proceedings against four accused, including Thiru Senthil Balaji in the 2015 Job Scam, whereby the accused persons took bribe from job aspirants on the false promise of appointment to the Metro Transport Corporation ("MTC") in various posts. Upon...
Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes a major, she will also have...
"State In A Constitutional Republic Can't Indulge In Arbitrary Generation Of Funds": High Court Annuls Meghalaya Cement Cess Act, 2010
The Meghalaya High Court has nullified the Meghalaya Cement Cess Act, 2010 ("the Act"), holding it to be arbitrary, illegal and unconstitutional. While rebuking the State for irrationally raising revenue through the legislation, a Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh held, "The principle is too well established to be questioned. Yet, it will not...
Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings
At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass his late...
'Acts Of Notaries In Foreign Countries Can Be Given Legal Recognition By Indian Courts, 'Reciprocity' U/S.14 Of Notaries Act Not Mandatory': Madras HC
Answering the question of whether a sale deed registered with a power of attorney that was executed in Malaysia is valid or not, Madras High Court has held that the notarial acts of notaries in the foreign countries can be given legal recognition by Indian Courts even in the absence of 'reciprocity' under Section 14 of the Notaries Act.The Division Bench of Justice Pushpa Sathyanarayana...
Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. A complaint was made against him by one borrower of the Bank ...
"You Are The Complainant, Prosecutor, and Adjudicator": Supreme Court Pulls Up UP Govt. For Acting On Recovery Notices To Anti-CAA Protestors
"Now, there is no provision in the new law for the transfer of cases which were decided! And no provision for appeal under the new Act! These poor people, whose properties have been attached, will have no remedy!... You have to follow due process of law. Ultimately, there has to be some guarantee of due process also", said the Court
Offense Under Section 138 Of NI Act Maintaianable Only For Cheques Issued For 'Enforceable Debt' And Not 'Security': Gujarat High Court
"It is a settled proposition of law that proceedings under Section 138 of the NI Act would lie only in respect of any 'enforceable debt'", the Gujarat High Court has observed today. The Bench comprising Justice Gita Gopi made this observation in connection with an application filed under Section 482 of CrPC, seeking the quashment of the order passed by the CJM Rajkot for offence...
Appointment Beyond Advertised Number Of Posts Amounts To Filling Up Of Future Vacancies, Impermissible Under Law : Kerala High Court
The Kerala High Court on Friday ruled that filling up of vacancies over and above the notified vacancies are not permissible in law since it amounts to filling up of future vacancies. Justice Raja Vijayaraghavan noted that the impugned advertisement was only for one post and that the candidate who secured the first rank had already joined the post. "The appointment beyond the number of...