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  • Allahabad High Court

    Hon'ble Judge(s) Hon'ble Judge(s): Saurabh Shyam Shamshery , J

    Ranjeet Kumar Yadav v. State of U.P.

    D.O.D : 15/02/2024

    Petition Dismissed

    Constitution of India , Art.226— Recruitment - Rejection of candidature - Petitioners participated in examination and all petitioners were declared as qualified - On basis of certain Govt. Orders, Regulatory Authority published a fresh/amended result after earlier result was cancelled - In the result declared subsequently status of petitioners was shown as "Invalid Subject Shift -1" - Petitioners had not filled bubbles correctly against subject, as referred from OMR sheet and also failed to show that despite having filled bubbles strictly in accordance with instructions computer system has wrongly proceeded not to examine their OMR and therefore result could not be declared being 'subject shift' - Subsequent result was declared after curing earlier errors to maintain fairness of examination. - Petitioners failed to point out any error in process of subsequent checking of OMR- Rejection of candidature was proper.

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Prashant Kumar Mishra , JJ

    Chatrapal v. State Of Uttar Pradesh

    D.O.D : 15/02/2024

    Appeal Allowed

    Constitution of India , Art.226— Termination from service - Challenge against - Departmental inquiry was held on charges of misconduct and insubordination - First charge was that delinquent used inappropriate, derogatory and objectional language and made false allegations against Central Nazir and higher officials and earlier also lodged false report against Presiding Officer of concerned Court - Second charge was that his representation to Registrar General of High Court , Harijan Society Welfare Minister and Chief Minister was not sent through proper channel and permission of Head of Dept. was not obtained - Finding of Inquiry officer that delinquent made false statement and allegation in his representation was not borne out from record - Finding regarding first charge was therefore perverse - As regards second charge, Court observed that Class-IV employee, when in financial hardship, can represent directly to superior and that by itself cannot amount to major misconduct for which punishment of termination should be imposed - Order of termination was set aside - Delinquent was reinstated in service with all consequential benefits.

    AIROnline 2019 All 3263-ReversedAIR 2015 SC 545-Followed(Paras79101113)

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sanjay Karol , JJ

    Palani v. Tamil Nadu State

    D.O.D : 14/02/2024

    Appeal Partly Allowed

    Drugs and Cosmetics Act (23 of 1940) , S.18A, S.28, S.18(C)— Criminal P.C. (2 of 1974) , S.386— Non-disclosure of name of manufacturer of drug - Sentence - Modification - 29 kinds of medicines recovered from the clinic run by accused doctor were of small quantity - Non-disclosure of the name of manufacturer/person from whom the said medicines were acquired, cannot be said to be endangering public interest by allowing the circulation of such substances unauthorisedly - Considering that accused was a doctor, imposing a sentence of imprisonment would be unjustified, particularly when the intent to sell/distribute under S. 18(c) of the Act was held to have not been proved - Order imposing sentence of S.I. of six months was set aside and fine of Rs.1,00,000/- was imposed

    AIR 1977 SC 1926-Followed(Paras10111213)

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): B. R. Gavai, Sanjay Karol , JJ

    Rajesh Viren Shah v. Redington (India) Limited

    D.O.D : 14/02/2024

    Appeal Allowed

    Negotiable Instruments Act (26 of 1881) , S.138, S.141— Criminal P.C. (2 of 1974) , S.482— Dishonour of cheque - Quashing of proceedings - Appellants were arrayed as accused in a complaint filed for dishonour of cheque issued by Company - Appellants had resigned from the post of Directors of Company before the issuance of cheques - Resignations of appellants were not questioned by complainant - Appellants were not responsible for the conduct of business of company at the time of issuance of cheques - Complainant had failed to prove complicity of appellants in the alleged crime - Proceedings against appellants were liable to be quashed.

    CRLOP No.34923 of 2019,D/-06-04-2022 (MAD)-ReversedAIROnline 2022 MAD 1188-Reversed(Paras8910)

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  • Supreme Court Of India

    Hon'ble Judge(s) Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

    Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta

    D.O.D : 13/02/2024

    Order Accordingly

    Criminal P.C. (2 of 1974) , S.407, S.482— Constitution of India , Art.142— Transfer of complaint - Offence of defamation - Petitioner had filed affidavits unconditionally withdrawing statements that led to defamation complaint, expressing his respect for Gujarati community and explaining context in which statements were made - All defamation prosecutions cannot be quashed merely due to withdrawal of allegations - However,in the facts of case , after the petitioner had explained the context in which he made the statements and after withdrawal of those statements,it was unjust to continue the prosecution - Supreme Court invoked its powers under Art. 142 of Constitution to ensure complete justice and quashed the complaint - Consequently, prayer for transfer did not survive.

    Penal Code (45 of 1860) , S.499, S.500— (Paras891011)

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