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Showing posts from August, 2016

Mandatory procedures not followed in acquiring Singur land

The Supreme Court today quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”. Civil rights organizations, several of them backed by present chief minister Mamata Banerjee, had moved the apex court challenging the acquisition. The court was hearing a bunch of petitions challenging the quashing of Singur Land Acquisition Act brought in by the Mamata government by the Calcutta high court. Mamata government also became a petitioner later challenging quashing of the Act. A bench of justice V Gopala Gowda and justice Arun Mishra while pronouncing the judgment directed that the land be given back to farmers in 12 weeks. Though the Judges agreed on conclusion, differed on the question whether the land acquisition was  for public purpose or not . Justice Gowda, held that  the acquisition of land by taking it away from the farmers cultivating it can

No alteration of electricity tariff decided by bidding process

In a 498 page judgment on appeals filed by the Adani, Tata, GMR and other groups, the Hon'ble Appellate Tribunal For Electricity clarified various issues including :- a) Definition of "Composite Scheme" b) Jurisdiction of CERC in "Composite Schemes" c) Alteration of tariff by the CERC The Hon'ble Tribunal decided that the supply of power to more than one State from the same generating station of a generating company, ipso facto, qualifies as ‘Composite Scheme’ to attract the jurisdiction of the Central Commission under Section 79 of the said Act. Further the Hon'ble Tribunal quashed the regulatory powers of CERC under Section 79(1)(b) of Act, to alter or modify the tariff which has been determined by way of a competitive bidding process, holding that the CERC may by way of its adjudicatory powers under section 79(1)(f) of the Act, award relief to the power generating companies as per the provisions of the PPA if a case of force majeure is made out.

Regulator can review power tariff in PPA

The tariff fixed in a power purchase agreement (PPA) is not sacrosanct and it could be reviewed by the State Electricity Regulatory Commission, which is the statutory authority for fixing tariff under the Electricity Act, the Supreme Court ruled last week in its judgment, Gujarat Urja Vikas Nigam Ltd vs Tarini Infrastructure Ltd. The state regulatory commission had declared that it had no such power to review. However, the appellate tribunal decided that the commission did have the power.

Land purchased by builder aware of encumbrance is "Capital Asset"

S. 50C: Land purchased by a builder with the knowledge that there are encumbrances on it and development is not feasible is a “capital asset” and not “stock-in-trade”. The gains on transfer of such land is assessable as capital gains and not as business profits. S. 50C applies to development agreements if the effect of the development agreement read with the conveyance deed is that the entire land with ownership rights are transferred (i) The assessee had purchased the title and interest in the land from the Rebello Family in 1994. The land so purchased by the assessee from the Rebello family in the year 1994 was subject to several encumbrances and defects which are also listed in the purchase agreement dated 15-08-1994 . The said land was also occupied by tenants/Kuls who are having claims in the said land. The said Rebello family earlier sold the land in the year 1979 to ‘Sweet Homes’ and also handed over possession to them. The said Sweet Homes made part payments under the said agr

Attached assets to be returned after revival of company

In A. Talukdar & Company (Fertilizer) Private Limited Vs. Respondent: The Official Liquidator, High Court of Calcutta and Ors., the Hon'ble Supreme Court said that If an order to wind up a company is recalled and the company is revived, it is entitled to get back from the official liquidator its entire assets. Tenants who occupied the premises during the proceedings shall go out. The company court can evict them.

Private company fined for environmental issue

A Panama-based shipping company and its two Qatar-based sister concerns were today directed by the National Green Tribunal (NGT) to pay up Rs 100 crore as damages for causing an oil spill when a cargo vessel sank off Mumbai coast in 2011, damaging marine ecology. While asking the three companies to pay Rs 100 crore as environmental compensation (EC) to the Ministry of Shipping, a bench headed by NGT Chairperson Swatanter Kumar also ordered Gujarat-based Adani Enterprises Ltd to pay Rs five crore as EC for dumping in the seabed 60054 MT coal, being carried by the ship M V RAK, and polluting the marine environment. The tribunal asked Republic of Panama's Delta Shipping Marine Services SA, Qatar-based Delta Navigation WLL and Delta Group International to pay Rs 100 crore to the Ministry, observing that reports showed that the documents in favour of the ship were issued in a biased manner and the vessel was "not seaworthy", right from the inception of its voyage. It als

Condonation of delay caused due to human error

Prashanth Projects Ltd vs. DCIT Human interaction is influenced by human nature. Inherent in human nature is the likelihood of error. Therefore, the adage “to err is human”. Thus, the power to condone delay while applying the law of limitation. This power of condonation is only in view of human fallibility. The laws of nature are not subject to human error, thus beyond human correction. In fact, the Apex Court in State of Madhya Pradesh Vs. Pradip Kumar 2000(7) SCC 372 has observed to the effect that although the law assists the vigilant, an unintentional lapse on the part of the litigant would not normally close the doors of adjudication so as to be permanently closed, as it is human to err Condonation of delay: An appeal wrongly filed before the AO and not CIT(A) is an unintentional lapse of the assessee. The AO ought to have returned the appeal to enable the assessee to take corrective steps. The likelihood of error is inherent in human nature The power of condonation is in view

VRS: It is not open for the Employees to withdraw the Application after the stipulated last date

The Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of Justices AK Sikri and RK Agrawal also held that it is not open to the applicants to withdraw their applications after the stipulated last date. In the concerned case, the Madhya Pradesh State Road Transportation Corporation is a PSU that was running into losses hence, permission was obtained to wind it up and a VRS was introduced for the benefit of the employees. The employees could sign up for the scheme between 1st July 2005 and 1stAugust 2005 and no more options were to be accepted by the Corporation thereafter. However, vide order dated 12th October 2006 extended the date for applying up to 28th October 2006. The Court broadly relied on the two cases, namely, Bank of India & Ors. Vs. O. P. Sw

Partial deposit before DRAT under Section 18 of SARFAESI Act refundable

Reiterating the dictum laid down in in Axis bank vs. SBS Organics Private Limited, the Supreme Court in KUMAR ALUMINIUM LTD. VS. ASSET RECONSTRUCTION COMPANY INDIA has set aside a Delhi High Court Judgment which had refused to interfere with DRAT order which turned down the prayer for refund of the amount deposited in compliance of the requirement of the second proviso to section 18(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for maintaining an appeal. In Axis Bank case, the Apex Court had held that the partial deposit before the Debt Recovery Appellate Tribunal (DRAT) as a pre-condition for considering the appeal on merits in terms of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is neither a secured asset, nor a secured debt, and hence refundable to the appellant on disposal of appeal. Remitting back the case to DRAT, the Bench

Grounds for recall of witness under Section 311 of CrPC explained

The Supreme Court in State of Haryana vs. Ram Mehar & Others has held that, recalling of witnesses as envisaged under Section 311 of the Code of Criminal Procedure on the grounds that accused persons are in custody, the prosecution was allowed to recall some of its witnesses earlier, the counsel was ill and magnanimity commands fairness should be shown, is not acceptable. Apex Court Bench comprising of Justices Dipak Misra and U.U. Lalit set aside a Judgment of High Court which had allowed the accused to recall the witnesses on the aforementioned grounds. ‘ACCUSED PERSONS ARE IN CUSTODY’ NOT A GROUND TO JUSTIFY RECALL The Bench observed: “The High Court has been moved by the ground that the accused persons are in the custody and the concept of speedy trial is not nullified and no prejudice is caused, and, therefore, the principle of magnanimity should apply. Suffice it to say, a criminal trial does not singularly centres around the accused. In it there is involvement of the prosecu

Students have fundamental and legal right of having access to answer sheets under RTI

The Supreme Court has ordered the Central Board of Secondary Education (CBSE) to “scrupulously” follow its 2011 judgment which had ruled that students have fundamental and legal right of having access to answer sheets under Right to Information Act, 2005. The Court was hearing an application under Section 12 of the Contempt of Court Act, filed by two law students, Mr. Kumar Shanu and Mr. Paras Jain, demanding that contempt proceedings be initiated against CBSE Chairman, Mr. YSK Seshu Kumar for “wilfully and deliberately disobeying” Court directions. “That it is ironical and astonishing that Respondent/Contemnor, being an Educational Institution responsible for educating a large section of the society, is blatantly flouting the law laid down by this Hon’ble Court,” the petition stated. The petitioners had brought to the Court’s notice information obtained under the RTI Act, whereby they were informed that the Board charges Rs. 700 per subject from students for providing a copy of their

NCDRC asked Swiss airline to compensate for wrong meal on flight

The apex consumer commission has directed a foreign airline to pay a compensation of Rs 20,000 to a customer and upgrade his economy class ticket to business class if he travelled in future, as a penalty for serving him non-vegetarian food instead of a Jain meal he had opted for. The National Consumer Disputes Redressal Commission (NCDRC) upheld the district forum's order also directing Swiss International Airlines, to pay Rs 10,000 towards litigation cost and dismissed the revision petition filed by Mumbai resident Amit Jay Kumar Jain to enhance the compensation.

All Tribunals are not required in law to defends its own order

The Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY has held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Three Judge Bench comprising of Chief Justice of India T S Thakur, Justices A M Khanwilkar and Dr D Y Chandrachud made this observation while setting aside Gujarat High Court judgment which had dismissed Letters Patent Appeal against a Single Bench order for the reason that the Gujarat Higher Secondary Education Tribunal was not impleaded in the Special Civil Application. The Court observed: “The lis is between the management and a member of its teaching or non-teaching staff, as the case may be. It is for the person aggrieved to pursue his or her remedies before the tribunal. An order of the tribunal is capable of being tested in exercise of the power of judicial review under Articles 226 and 227. W

Impotency allegations against hubby amounts to cruelty

Dismissing wife's plea for restitution of conjugal rights, Nagpur bench of Bombay High Court ruled that allegations of impotency against husband amounts to cruelty and he is entitled for divorce. "No husband would like to hear that he was impotent for about six to seven months after the marriage. If that was not true, allegations would surely hurt a man's ego. Before levelling them against the husband, the wife should have given some thought," a division bench comprising Justice Vasanti Naik and Justice Swapna Joshi stated. The couple entered into matrimony on September 27, 2007, but problems started as they used to reside in a joint family. After honeymoon period, the wife started disrespecting her in-laws and abusing them. She also pressurized the husband to live separately and refused to do household daily chores. She used to threaten husband to implicate him and in-laws under false charges and made a startling allegation that he was impotent during initial period

Heinous Offences cannot be settled between parties

A crime of ‘serious nature’ should be treated as a crime against the society and not an individual and such a case cannot be quashed even if the offender and victim reach an amicable settlement, the Bombay high court has said. A division bench of justices N.H. Patil and P.D. Naik on 25 August refused to quash a case lodged against 12 people on charges of attempt to murder and various other sections of the IPC. The accused had petitioned the high court seeking to quash the FIR lodged against them on the ground that they have amicably settled the dispute with the complainants. The high court, however, refused to accept this contention and said, “The accused have committed crime against the society.” The bench noted that if the crime committed by the accused is ‘heinous’ and of a ‘serious nature’ then it should be treated as a crime against the society and not against an individual alone. “It becomes the duty of the State to punish the crime doers even if there is a settlement/compr

Plea against detention has to be given immediate attention

The Supreme Court has said that a habeas corpus plea, relating to legality of arrest, detention or imprisonment of a person, has to be given “immediate attention” and steps should be taken to decide it forthwith. The apex court said this while asking the Lucknow bench of Allahabad high court to decide within four weeks the plea by a man, who is the working president of Akhil Bharat Hindu Mahasabha and has been “detained” for allegedly issuing a press release containing inflammatory language against the Prophet. “We are sure that the high court shall be alive to the same and dispose of the habeas corpus writ petition within four weeks hence,” a bench of justice Dipak Misra and justice C Nagappan said. “When we say that it shall be disposed of within four weeks, it means that the matter shall be heard and the judgement shall be delivered within the said period,” the bench said. Petitioner Kamlesh Tiwari had approached the apex court seeking a direction to the authorities concern

Outstation lawyers can only appear with local lawyers

The Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS has held that right of Advocates to appear and conduct cases in the court is a matter on which the court must and does have major supervisory and controlling power and it cannot be and are not divested of control or supervision of conduct in court merely because it may involve the right of an Advocate. Dismissing an appeal against Allahabad High Court Judgment preferred by a lawyer, Jamshed Ansari, the Apex Court Bench comprising of Justices AK Sikri and N V Ramana held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 and perfectly valid, legal and do not violate the right of the appellant under Article 19(1) (g) of the Constitution of India.

Legality and Validity of substantive contract cannot be enquired under Arbitration Act

The benefit of a contract can be assigned but not the burden, for the promisor cannot shift the burden of his obligation without a novation. The Supreme Court has upheld a Madhya Pradesh High Court decision holding that two Indian firms, Sasan Power Ltd and North American Coal Corporation India Pvt Ltd, may conduct arbitration outside India and under a foreign law if there was an agreement to that effect. The Supreme Court has upheld a Madhya Pradesh High Court decision holding that two Indian firms, Sasan Power Ltd and North American Coal Corporation India Pvt Ltd, may conduct arbitration outside India and under a foreign law if there was an agreement to that effect. “We see no reason to interfere with the conclusions recorded by the courts (HC) below. The appeal is, therefore, dismissed with costs,” a bench of Justices J Chelameswar and A M Sapre said while dismissing the plea of Reliance Power-owned Sasan Power Ltd which operates Ultra Mega Power Project (UMPP) at Singrauli di

Injury while leaning out of train not self-inflicted

In an order with wide ramification, the Punjab and Haryana high court has held that getting injured while leaning out from a train door couldn't be termed as self-inflicted injury as such kind of negligence was not uncommon in the country. HC passed these orders while setting aside the decision of the Railway Claims Tribunal that had denied compensation to the kin of a passenger who died after falling from a train. Deceased Munna Kumar was travelling from Patna to Ludhiana on a valid ticket on March 27, 2011. When he was passing through Kesri railway station near Ambala, due to heavy rush in the train and a sudden jerk, he fell down and hit a pole and later succumbed to injuries. His widow Sheela Devi was denied compensation by railway authorities on the grounds that the deceased was leaning out of the door and in the process he fell down and struck a pole of an overbridge. The railway had taken the stand that it amounted to self-inflicted injury and own criminal act. Therefore

Can’t demolish a building without cancelling approved plan

NAMA KRISHNAIAH vs BRUHAT BENGALURU MAHANAGARA PALIKE The High Court of Karnataka on Tuesday directed the Bruhat Bengaluru Mahangara Palike (BBMP) not to demolish a multi-storey building which has been built abutting a storm-water drain as per the plan approved by the authorities, without cancelling the plan as per the law. Justice Anand Byrareddy passed the order while disposing of a petition filed by S.N. Builders and Developers and its managing director Shah Sanjay. The court restrained the authorities from taking any coercive action against the petitioner or the multi-storeyed apartment complex as long as the sanctioned plan stood valid. Earlier, the counsel contended that the personnel of the Bangalore Metropolitan Task Force (BMTF) were “harassing” the petitioner by asking him to appear before them though there was no specific complaint against him. It was also informed to the court that the BBMP could possibly demolish a multi-storeyed building built by the petitioner

Vicarious liability and Writ for for compensation for death on electrocution

Orissa High Court has recently held that a writ application for payment of compensation for the death of a person in electrocution is maintainable when the undisputed facts clearly reveal the same. Petitioners, the unfortunate parents of Mr. Madhusudan Das, who died in electrocution, approached the High Court with a writ petition under Article 226 of the Constitution of India, praying, inter alia, for a direction to the opposite parties to pay an amount of Rs.3,00,000/- towards compensation for the death of their only son. The Petitioners stated in the Petition that, on 12.7.1997 evening while their son, Madhusudan Das was driving the cattle, who were damaging the standing paddy crops, from the field by holding a lathi, the said lathi touched the electric live line of the pump house, as a result of which, he got the electric shock, fell down and became senseless. Thereafter he was shifted to headquarter Hospital, Jajpur for treatment. On the way he expired. Justice AK Rath has co

No insurance claim for theft in the absence of violence or force

M/s. INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LTD. Versus NEW INDIA ASSURANCE COMPANY LTD. & ANR. The Supreme Court has ruled that a person or an entity can't seek compensation on insured goods if theft happened without violence. Citing a 2004 SC judgment, Justice Rao said, "In the absence of violence or force, the insured cannot claim indemnification against the insurance company. The terms of the policy have to be construed as it is and we cannot add or subtract something. Howsoever liberally we may construe the policy, we cannot take liberalism to the extent of substituting the words which are not intended. "...in common parlance, the term 'burglary' would mean theft but it has to be preceded with force or violence. If the element of force or violence is not present, then the insured cannot claim compensation."  The ruling came in case where an Odisha PSU had claimed insurance amount of Rs 34.40 lakh in addition to

Difference between “Power of Attorney of a Landlord” and “Landlord through Power of Attorney”

The Allahabad High Court in Rashmi Bhatiya vs. Geeta Sharma has held that, Release application cannot be filed by Power of Attorney on the ground of his bonafide need, but there is no express prohibition under the Rent Act debarring the owner-landlord from applying for release through Power of Attorney holder. Difference between filing of a Release application by a “Power of Attorney of a Landlord” and that by a “Landlord through Power of Attorney” is explained in this Judgment rendered by Justice Pankaj Mithal for Allahabad High Court. Through a writ petition, the tenants had challenged the judgment of Rent control Authority, contending that Release application was filed by the power of attorney holder of the landlady and, as such, was not maintainable. BONAFIDE NEED URGED HAS TO BE OF LANDLORD OR HIS FAMILY The High Court held: “Section 21 of the Rent Act envisages an application of the landlord for eviction of a tenant if the premises is bona fide required by him for occupation by h

11 Factors to be considered by the Court while awarding interim Maintenance

Delhi High Court has recently re-iterated the factors to be considered by the Court while deciding an application for interim Maintenance. A Division Bench of Justices Pradeep Nandrajog and Pratibha Rani has observed that the object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of fund. The Bench further stated that the provisions of Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse. The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case

Cannot re-call witness for Cross Examination merely on change of counsel

Delhi High Court has recently held that if cross examination of a witness is concluded by a counsel upto best of his capability, subsequent change of counsel by a party would not confer any right on him/her to recall the witness for further cross examination or to fill up the lacuna, if any, left. The Bench comprising Justices Pratibha Rani and Pradeep Nandrajog also held that the witnesses cannot be harassed by a party by making them to reappear for cross examination just because the new counsel wants to further cross examine them. Recalling of a witness after the trial has concluded has the direct effect on expeditious conclusion of the trial. The Bench was hearing an Appeal against a Family Court order whereby the Judge has dismissed the three applications filed by wife in a Divorce proceedings. The evidence by both the parties stands closed and the matter is listed for final arguments. At that stage the appellant/wife filed three applications for re-calling some witnesses and givin

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le

Seven non-arbitrable disputes

In Booz Allen & Hamilton Inc. vs. SBI Home Finance Ltd. & Ors. (2011) 5 SCC 532 the Supreme Court carved out six categories of cases which are not capable for being decided by private arbitration under the Arbitration Act even though parties agreed for their settlement through private arbitration. (i) disputes relating to rights and liabilities which give rise to or arise out of criminal offences; (ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal råights, child custody; (iii) guardianship matters; (iv) insolvency and winding up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction. Supreme Court of India in Shri Vimal Kishor Shah Vs Jayesh Dinesh Shah & Ors has added one more category in the list (vii), namely, cases arising out of Trust Deed and

Old age and long distance travel not valid grounds for transfer of Case

Whether old age of the accused and long distance travel difficulty, can be a ground to transfer a criminal case? Madras High Court, in a recent order, observed that such concerns are not a valid ground for transferring a case. The accused, in a corruption case, had sought transfer of Trial from a Court situated 1000 kilometres away from his place of residence, on the ground of his inconvenience on account of his age as well as his present place of residence. The Prosecution contested his plea on the ground that case has become part-heard and some witnesses have already been examined. Justice P.Devadass observed: “it is quite natural in the present set up, he has to undergo some inconvenience. But, the Court has to see whether by this his defence is prejudiced. He has engaged a counsel to defend himself. Except the stated inconvenience, there is no bottleneck for defending himself as against the charges levelled against him. On account of the said inconvenience, we cannot transfer the c

‘Delay’ not to be condoned merely because the applicant is the State

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals.  The Bench also observed that merely because applicant is a State, delay in filing appeals cannot be condoned without a proper explanation as Section 5 of the Limitation Act is equally applicable to the State as well. The reasons of delay stated in notice of motion, filed by Government read “”the delay is due to various factum, especially, related to procedural mandate in Government functioning, which were not in the control of the Applicant-Appellant“. In another notice of motion filed, the delay was attributed to “the various internal correspondence of the Revenue Department with its superior authorities, for seeking permission to file the Appeal” Observing that there is no ‘sufficient cause’ stated

Calcutta High Court proposes "pragmatic approach" to provide justice

the Calcutta High Court has adopted a “pragmatic” approach towards condonation of delay on the part of state observing that deliberate lapses and inaction on the part of the officers of the State cannot be a ground to sacrifice justice. The Court observed that Corporation as such is not responsible for the delay but its officers/agents. The First Bench presided by the then Chief Justice of Calcutta High Court Dr. Manjula Chellur (Presently Chief Justice of Bombay High Court), in Calcutta Municipal Corporation & Anr. Vs. The Cricket Association of Bengal, imposed a cost of one lakh and directed corporation to take action against those erring officials and also to recover the costs from those officers who are responsible for the delay. A delay of 299 days had occurred on the part of Corporation in filing appeal in the matter of demand of advertisement tax imposed by Calcutta Municipal Corporation so far as the advertisements undertaken within the Eden Garden grounds by the Cricket As

Employment cannot be denied for petty crimes

The Delhi High Court reversing an order of disqualification from Central Armed Police Force on the basis of a history of brush with the penal law ruled that honourable acquittals and petty misdemeanours should not be negatively considered in appraising a candidate’s capabilities for a job. The judgement delivers important insights on how nature and motive of criminality is important to determine the gravity of the offence and the degree of moral turpitude and thereby legitimacy of the candidature. The court also observed that societal pressures occur upon an individual to leads him/her astray, minor offences committed out of ignorance should not be unjustifiably used to disregards their constitutional right to public employment. The case relates to a petition filed by a candidate whose appointment as the Constable (GD) CISF was withdrawn post the declaration he made in the enrollment form about his criminal antecedents. He was charged u/s 323/324/307/120-B/34 IPC but was also acquitted

We must strictly adhere to the terms of a contract

One of the possible reasons for this extremely low ranking given to our country is the failure of all parties concerned in strictly adhering to the terms of documents such as the NIT and the GTC, the Bench observed. The Supreme Court in Central Coalfields Limited & Anr vs. SLL – SML (Joint Venture Consortium) & Ors. has held that, decision taken by the employer about essentiality of a term of the Notice Inviting Tender should be respected and lawfulness of that can be questioned on very limited grounds. The Bench comprising of Justices Madan B. Lokur and R.K. Agrawal set aside a Judgment by Jharkhand High Court wherein it had set aside the rejection of the bid of SLL-SML by Central Coalfields Limited. In this case, the bid given by JVC was cancelled as the bank guarantee submitted was not in the format given in the NIT read with the GTC. The Court observed: “whether a term of the NIT is essential or not is a decision taken by the employer which should be respected. Even if the