#justice mr shah

[maysshortmoviereviews]

Mr. Bates vs The Post Office (2024)

One of the greatest miscarriages of justice in British legal history where hundreds of innocent sub-postmasters and postmistresses were wrongly accused of theft, fraud and false accounting due to a defective IT system.

This show is all based on a true story and it will make your blood boil and make you very angry at the injustice. This is still ongoing and you will not believe how long it has taken for the innocent postmasters and postmistresses to get this level of coverage. A must watch. If you are not in Britain, it will still be worth watching if you read up a little bit on the 'Horizon Post Office Scandal'. It really is just so wrong what has happened.

[seemabhatnagar]

“A Tale of Domestic Torment: The Ordeal of a Woman Abused and Driven Out by Her In-Laws”

The HC dismissed this petition of the Husband, father-in-law & 3 sisters-in-law praying before the Court to quash the FIR, Charge Sheet & the order of taking Cognizance against them for the offenses U/s 498-A, 406, 504, and 34 IPC. The Complainant-Wife filed the FIR.

Hardik Prakash Shah & 4 others v. The State of Maharashtra & Another

Crl. WP 13446/2023

Before the High Court of Bombay

Heard by Hon'ble Mr. Justice A S Gadkari J & Hon'ble Madam Justice Dr. Neela Gokhale J

Facts

The Complainant asserts that her father bore the entire marriage expenses. Despite living separately, her three sisters-in-law interfered in her household, removed the house help, and forced her to do all the chores. They demanded proof of her cleaning via WhatsApp video calls and persistently instructed her on meal preparations through text messages. They created a WhatsApp group including their brother, father, and themselves to berate her and complain to her husband. Her husband abused her, instigated quarrels over trivial matters, suspected her character, and refused conjugal relations, citing diabetes.

On October 10, 2022, at 10:30 pm, her sister-in-law Kajal called and verbally abused her about cleaning the house. Her husband joined in, snatched her mobile, deleted the call record, and pushed her. The next day, all three sisters-in-law came to her house, abused her in filthy language, and demanded she leave. Father-in-law joined in the abuse, and they all demanded gifts from her parents. Ultimately, they quarreled with her, drove her out, retained all her jewelry, Streedhan, and refused to return it.

Legal Issue: Whether the FIR and chargesheet under Sections 498-A (cruelty), 406 (criminal breach of trust), 504 (intentional insult), and 34 (acts done by several persons in furtherance of common intention) of the IPC should be quashed, as the petitioners contend that the allegations are false and amount to a misuse of the legal process.

Points of Arguments:

Submission of the Counsel of the petitioner

The complaint is a matrimonial dispute given a criminal angle to harass the petitioners.

The complainant allegedly influenced the police and used the FIR as leverage to extort money.

The allegations lack specific evidence, and the case is an abuse of the process under Section 498-A, IPC.

Submission of the Counsel of the Respondent-Wife

The FIR and witness statements substantiate the complainant's claims of harassment and cruelty.

The petitioners retained the complainant's Streedhan, causing her distress.

The treatment meted out to the complainant constituted cruelty under Section 498-A, IPC.

Courts Observation

The allegations in the FIR prima facie disclose the commission of the alleged offences.

Specific and categoric roles are attributed to each Petitioner independently and collectively.

A newlywed daughter-in-law was pitted against the might of the five Petitioners, who were abusing and ill treating her on petty issues.

The sole aim appears to be to extort money from her and her parents. This is clear from the fact that, even after driving her out of the matrimonial home, they have refused to hand over her Streedhan’ comprising valuable jewellery and her articles.

The allegations against the sisters-in-law about compelling the Complainant to show them the house cleaned by her on what’s app video call appears to be a peculiar and sadist manner of ill-treatment.

This is enough to cause apprehension in the mind of the Complainant that, there was danger to her life and limb at the hands of the petitioners.

Seema Bhatnagar

[unvindiaannouncements]

The National UN Volunteers-India

You Are Cordially Invited to the Presentation of the UN Charter at G D Goenka Public School, Srinagar, Jammu & Kashmir - Recognized as a UN Designated School in India (UNGC ID 481682)

Date: 12.08.2024

Time: Morning

Venue: G D Goenka Public School, Srinagar, Jammu & Kashmir

Join us for a momentous occasion as we embark on a journey of global responsibility and citizenship.

We are honored to have the esteemed presence of:

CHIEF GUEST:

Mr. Tassaduq Hussain Mir

Director of School Education, Kashmir

(Installing the Student UN Volunteers Team)

INVITED DIGNITARIES:

Mr. Imtiyaz Kawoosa

Vice Chairman & Managing Trustee

Mrs. Massara Shah

Managing Director

Mr. Ameer Kawoosa

Executive Director

Your auspicious presence will be cherished as we celebrate the values enshrined in the UN Charter and empower our students to become ambassadors of peace, justice, and social progress.

The Management, Principal, Staff Members, Students, and Parents of G D Goenka Public School, Srinagar & The National UN Volunteers-India

[mediaech]

PM Modi signals continuity in portfolio allocation, reposes trust in old team as many of them retain departments

Prime Minister Narendra Modi sent out a message of continuity by retaining his top lieutenants in key Ministries while allocating portfolios to his Council of Ministers on June 10.

The four big Ministries that are part of the Cabinet Committee on Security (CCS) — a key body within the Union Cabinet — saw the return of all the Ministers with Amit Shah, Rajnath Singh, Nirmala Sitharaman and S. Jaishankar retaining the portfolios of Home, Defence, Finance, and External Affairs respectively.

Mr. Modi, who now needs the support of allies to lead the latest National Democratic Alliance (NDA) government, also left key infrastructure Ministries largely unchanged. Nitin Gadkari retained Road Transport and Highways, Sarbananda Sonowal retaining Shipping and Ports, and Ashwini Vaishnaw keeping Railways, along with Information Technology and Information and Broadcasting. Jyotiraditya Scindia seems to have received a leg-up by securing the Telecom Ministry, another key infrastructure portfolio. Only Aviation saw a change, and was handed to Ram Mohan Naidu of the Telugu Desam Party (TDP), a portfolio that had been with his party in the first Modi government, when Ashok Gajapati Raju had held the Ministry.

Team NDA 3.0

Prime minister holds all important policy issues and all other portfolios not allocated to any minister.

Former Chief Ministers who were newly sworn in as Ministers were also given key Ministries. Former Haryana CM Manohar Lal Khattar got the Housing and Urban Affairs Ministry on a day when Mr. Modi’s first Cabinet meeting with his new team cleared a proposal for building three crore houses in urban and rural areas under the Pradhan Mantri Awaas Yojana (PMAY). Former Madhya Pradesh CM Shivraj Singh Chouhan received charge of the crucial Ministries of Agriculture and Rural Development, a reflection of the fact that under his tenure as CM, wheat production, especially that of the famous Sharbati wheat, had broken all records.

At a time when calls for a caste census are being raised both from outside and within the NDA government, Virender Kumar has been retained with the Social Justice portfolio.

Interestingly, with the Lok Sabha seeing a far bigger contingent of Opposition MPs, Arunachal Pradesh MP Kiren Rijiju has been made Minister for Parliamentary Affairs as he is seen to be affable and shares a good rapport across the political spectrum. Mr. Rijiju being a Buddhist has been given charge of the Minority Affairs Ministry.

Even with allies, allocations have followed a pattern of continuity, with Rajiv Ranjan Singh ‘Lalan’ holding the portfolio of Panchayati Raj, Fisheries and Animal Husbandry, earlier held by Giriraj Singh, who is a BJP MP from the same State of Bihar. H.D. Kumaraswamy of the Janata Dal (S) got the portfolio of Heavy Industries and Steel, which was held by the Shiv Sena before they parted ways with the BJP. Former Bihar Chief Minister Jitan Ram Manjhi is Cabinet Minister for Medium, Small and Micro Enterprises (MSMEs). Chirag Paswan holds the Food Processing Ministry which was earlier held by his father, the late Ram Vilas Paswan.

Among Ministers from the BJP’s stable, C.R. Paatil got the crucial Ministry of Jal Shakti, a flagship post where close rapport with Mr. Modi is a key factor. Dharmendra Pradhan retained Education, Arjun Ram Meghwal retained Law while Pralhad Joshi moved to Food, Civil Supplies and Renewable Energy.

In all, the overarching message from the portfolio allocation effected by Mr. Modi seems to be that while his party’s numbers had reduced, he does not hold it against his ministerial colleagues, putting out a business-as-usual vibe as he embarks on his third-successive term.

[playermagic23]

Taha Shah Badussha graces the ramp at Pillars of Humanity Fashion Show, walking in support of deaf children

Mumbai's fashion scene witnessed a unique blend of glamour and compassion at the Pillars of Humanity Fashion Show, which took place on February 23, 2024, at the prestigious Gateway of Mumbai. Among the array of renowned personalities gracing the event were Arbaaz Khan, Tannisha Mukherjee, Munawar, Nasir Khan, Sudhir Mungantiwar: Minister of Forest, Maharashtra, Ramdas Athawale: Minister of State for Social Justice, India, Deepak Kesarkar: Education Minister, Maharashtra, Narayanrao Rane: MSME Minister, India, Nitesh Narayan Rane: MLA, Maharashtra, Rahul Narvekar: Hon’ble Speaker, Maharashtra Assembly, Roopa Ganguly: Actor & Former MLA & Activist, Yogita Bhayana: Activist, and S.P. Singh Baghel: Member of Parliament (MP).

When asked about his involvement in the event, Taha expressed his enthusiasm for walking the ramp in support of deaf children, stating, "Walking the ramp for such a meaningful cause was deeply touching to me. It was more than just fashion; it was about giving a voice to those whose stories often remain unheard. I was truly honoured to stand alongside these remarkable individuals and support their journey towards inclusivity and empowerment."

Organized by the Kamala Trust and spearheaded by the visionary Mrs Nidarshana Gowani, the fashion show was not just about showcasing the latest trends; it was a celebration of resilience and spirit, embracing individuals from diverse backgrounds. Taha walked the ramp alongside individuals representing marginalized communities, including transgender individuals, cancer patients, residents of old age homes, survivors of acid attacks, sex workers, and tribal women. Each pairing symbolized solidarity and support, sending a powerful message of inclusivity and empowerment.

[daily-media]

"Woke Up To Him Raping Me": Mumbai Woman's Devastating Post For Justice

A woman was allegedly drugged and raped by a social media friend on January 13 in Mumbai. The police in south Mumbai's Worli is investigating the case.

The woman, 21, in a distressing Instagram post narrated her "most traumatic experience" when she met the accused, Heetik Shah, on the fateful night. Until then, the two had only interacted on Instagram, she said.

Heetik Shah and I went out for drinks and partying in town, starting at place A. After meeting a couple of his friends, we left for Bastian. After some tequila shots, I became intoxicated, feeling anxious and alone at the party," she said.

However, she was forced to drink some more by the accused which led her to have a blackout episode, she said, adding she suspected she was "roofied". "Being roofied" is slang for someone being raped or sexually assaulted after being drugged.

"He insisted I drink more, and I had a blackout episode, not recalling what happened next. I suspect I may have been roofied. I woke up to him raping me, and despite my efforts to stop him, he continued and even slapped me three times with intense rage, leaving me scared and intimidated," she recounted the horrific night.

The alleged rape happened at the residence of one of Mr Shah's friends, she said.

"The place turned out to be his friend's, and his friends intervened to protect him. He tried to get me out before I could call for help, even threatening me in their presence. After leaving, he attempted to flee the scene.

"I called my cousin to pick me up. Bruised and hurt, I couldn't bring myself to tell my parents about that night," she wrote.

The accused, however, apologised to her for his behaviour the next morning, the woman said, adding, "His morning apology means nothing to me, and he has absconded because he knows what he has done. 12 days have passed and he hasn't been arrested. He has applied for anticipatory bail."

The screenshot of the alleged apology read: "Hi I am genuinely sorry for whatever happened tonight didn't mean to do what happened, the situation got heated up and escalated and I'm really very sorry, I hope we can get over this and leave this behind us, I'm again very apologetic and sorry (sic)"

According to the post, Heetik Shah has been charged under the relevant Sections of the Indian Penal Code for rape and voluntarily causing hurt.

"I seek justice and urge other girls to be more wary of who they talk to and go out with," she added.

[talkingfilmsnet]

A Tapestry of Triumphs - Unveiling the Best Indian Films that Had it All

2023 wasn't just another year in Indian cinema; it was a vibrant explosion of colors, stories, and cinematic experiences. From critical darlings that sparked intellectual firestorms to commercial juggernauts that painted the box office red, and from hidden gems nestled in regional corners to internationally acclaimed masterpieces, this year offered a cinematic feast for every palate. So, grab your metaphorical popcorn and settle in, for we're about to embark on a journey through the best Indian films of 2023, a journey guaranteed to leave you entertained, moved, and perhaps even a little wiser.

The Critics' Coronation:

·         Ponniyin Selvan: Part Two: Mani Ratnam's epic historical saga wasn't just a visual spectacle; it was a meticulously crafted masterpiece that earned critical acclaim for its grand storytelling, nuanced performances, and sheer cinematic brilliance. This Tamil film transported audiences to a bygone era, offering a glimpse into the Chola dynasty's power and intrigue, and reminding us of the enduring power of historical epics.

·         Aamis: This Assamese drama dared to be different, and critics lauded its unconventional narrative and nuanced exploration of gender and identity. Set in the world of meat shops, the film challenged societal expectations of femininity and sexuality, sparking conversations about representation and inclusivity, and proving that regional cinema can be at the forefront of artistic innovation.

·         Mrs. Chatterjee vs Norway: Rani Mukerji's tour-de-force performance as a mother fighting for her child in this courtroom drama wasn't just a box office draw; it was a critical darling for its powerful portrayal of maternal love, cultural clashes, and the lengths a mother will go to. This Hindi film resonated with audiences and critics alike, sparking important conversations about parental rights and societal biases.

Box Office Bonanzas:

·         Jawan: Shah Rukh Khan, the king of romance, shed his usual charming persona and donned the rugged avatar of a global espionage agent in Atlee's high-octane thriller. The film's jaw-dropping stunts, breathtaking visuals, and Shah Rukh Khan's undeniable star power made it a box office behemoth, proving that action can be a recipe for commercial success.

·         Pathaan: Siddharth Anand's stylish spy thriller wasn't just a critical darling; it was a box office goldmine. The sizzling chemistry of Hrithik Roshan and Deepika Padukone, exotic locales, and edge-of-your-seat action sequences made Pathaan a visual treat and a commercial triumph, proving that Bollywood masala can still pack a punch at the box office.

·         Rocky Aur Rani Ki Prem Kahani: Karan Johar returned to his signature brand of quirky rom-com with this film, and audiences flocked to theatres in droves for a dose of laughter, romance, and Bollywood masala at its finest. Ranveer Singh and Alia Bhatt's infectious energy, slapstick humor, and a whirlwind romance made Rocky Aur Rani Ki Prem Kahani a commercial success, reminding us that sometimes, all you need is a feel-good escape.

Hidden Gems Uncovered:

·         Dasara: This Telugu drama set in Telangana wasn't just a regional hit; it captivated audiences with its heartwarming story of love, loss, and resilience in a rural village. Nani and Keerthy Suresh's nuanced performances, the film's authentic portrayal of village life, and its celebration of local language and customs won over audiences, proving that regional cinema can offer gems waiting to be discovered.

·         Vathi: Dhanush's passionate teacher fighting for educational reform in this Tamil drama wasn't just a regional success; it sparked conversations about social justice and educational disparities. The film's humor, emotional depth, and call to action resonated with audiences, proving that regional stories can tackle universal themes and create lasting impact.

·         The Archies: Zoya Akhtar's vibrant live-action musical set in 1960s India transported audiences to a bygone era with its infectious music, nostalgic vibes, and talented cast of newcomers. This Hindi film garnered international attention for its unique blend of music, comedy, and coming-of-age themes, proving that regional stories can have global appeal and find a niche audience even beyond borders.

In Conclusion

The top Indian films 2023 are set to redefine the landscape of Indian cinema and cement its position as a powerhouse of storytelling and creativity. With a diverse range of genres, themes, and talents, these films will appeal to a global audience and showcase the rich cultural heritage and artistic capabilities of India. From heart-wrenching dramas to adrenaline-pumping action flicks, 2023 will be a year to remember for Indian cinema. As we eagerly wait to witness these top films on the big screen, let us celebrate the ever-evolving and dynamic world of Indian cinema and its boundless potential for greatness.

[legalupanishad]

The Jammu And Kashmir Reservation (Amendment) Bill, 2023

This article on 'The Jammu And Kashmir Reservation (Amendment) Bill, 2023' was written by Tooba Shahid, an intern at Legal Upanishad.

Introduction

The Jammu and Kashmir Reservation (Amendment) Bill, 2023 is intended to modify the words used for socially and educationally backward classes in Jammu and Kashmir. This bill was introduced in Lok Sabha recently on December 11, 2023. The Jammu and Kashmir Reservation (Amendment) Bill, 2023 was introduced in the Lok Sabha (the lower house of the Parliament of India) by the Minister of Home Affairs, Mr. Amit Shah. This amendment aims to change the terminology of ‘weak and underprivileged classes’ to ‘other backward classes’ in sub-clause (iii) of clause (o) of Section 2 of the Reservation Act, 2004. It also seeks to amend clause(q) of Section 2 of the Reservation Act, 2004.

Purpose of Jammu And Kashmir Reservation (Amendment) Bill, 2023

On the recommendation of the Jammu and Kashmir Socially and Educationally Backward Classes Commission this bill tries to remove the confusion because of the words used in the Reservation Act which will ensure that only the eligible person will get the benefits of the reservation. Also, the word weak is not right to be used for people of any section of society. It is derogatory, so this amendment is towards upholding the dignity of the people who are not privileged. This amendment shows the intention to align the reservation policy of Jammu and Kashmir with the values of the constitution of social justice and equality as the words that are being added are after the words as defined in clause (26) of Article 366 of the Constitution. This bill is yet to be passed by both houses of the parliament and to get the consent of the president to become law. It is still pending in the Lok Sabha, if it is passed it will be sent to the Upper House i.e. Rajya Sabha for approval. Thereafter, it will be presented before the President of India for her assent. If the amendment gets the assent of the President of India, then this act will come into force on such a date as the Central Government may appoint by notification in the official gazette.

Contact Us and avail the best assignment help for students available online! The Reservation Act of 2004 aimed at providing reservations for a specific category of people for admission to educational institutions in the state of Jammu and Kashmir. The bill is likely to be passed by the parliament as both the ruling party and the opposition party have expressed their support for the bill. However, some parties are opposing this amendment. They claim that this amendment violates the rights and interests of the people of Jammu and Kashmir. So, there is a mixed reaction from different sections of people and political sides. According to some people, the bill is regarded as a progressive measure that will benefit the backward classes and will promote social justice and equality while others have criticized the bill as a step that can erode the identity of the marginalized people in the state of Jammu and Kashmir. The time of announcement of the bill is also being questioned because it is introduced at the time when the assembly elections are expected to be held in 2024 so the motive behind this amendment is being questioned.

Conclusion

This amendment bill is a significant piece of legislation as it reflects the values of social justice and equality. This amendment is needed to address the issue of the backward classes which is regarding the confusion of their status. The bill aims to align with the national policy so that the people can get the maximum benefits and opportunities in public employment and education.

List of References

Suchitra Karthikeyan, The three Bills on reservation in Jammu & Kashmir | Explained, The Hindu, 10 December 2023, available at: https://www.thehindu.com/news/national/the-three-bills-on-reservation-in-jammu-kashmir-explained/article67098856.ece Awstika Das, The Jammu and Kashmir Reservation (Amendment) Bill, 2023, LiveLaw, 11 December 2023, available at: https://www.livelaw.in/top-stories/parliament-jammu-and-kashmir-reservation-bill-reorganisation-amendment-bill-article-370-244269 The Jammu and Kashmir Reservation (Amendment) Bill, 2023, PRS India, available at: https://prsindia.org/billtrack/the-jammu-and-kashmir-reservation-amendment-bill-2023 Read the full article

[parminer]

Shiv Sena Party Row Supreme Court Verdict On Maharashtra Political Crisis Uddhav Thackeray Eknath Shinde MVA Government

A Constitution bench of the Supreme Court will deliver its verdict on Thursday on a batch of petitions related to the 2022 Maharashtra political crisis that saw Eknath Shinde taking over as Chief Minister from Uddhav Thackeray following a split in the Shiv Sena. A five-judge bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha had…

[freelawbydjure]

Latest supreme court updates on 01,02 May, 2023

1, Supreme Court to hear plea challenging premature release of Anand Mohan on May 8

01 May, 2023

Today, the Supreme Court of India agreed to hear a petition on May 8, 2023, challenging the Bihar Government’s decision to grant pre-mature release to former Bihar MP Anand Mohan. He was accused of the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994. The matter was presented before the Chief Justice of India DY Chandrachud by the Advocate Tanya Shree (Petitioner’s counsel) for urgent listing. CJI agreed to list the matter for hearing on May 8, 2023. The petition to be addressed by the top Court was filed by the widow of District Magistrate, Uma Krishnaiah. The District Magistrate was killed after an attack led by Mohan through a mob. As a result of this, Mohan was sentenced to life imprisonment whereas on 24th April he came out of jail after serving 14 years on the grounds of remission of a sentence given by the Bihar Government. According to the remission policy of Bihar state, a murder convict of an on-duty public servant was not eligible for premature release. This Bar was eliminated after amending the remission policy in April. Therefore, Uma Krishnaiah approached the Supreme Court challenging the circular issued on April 10 by the Bihar Home Department amending Rule 481(1)(a) of the Bihar Prison Manual 2012. She also challenged Anand Mohan’s premature release. Hearing all these issues, CJI ordered to list the matter for hearing on May 8.

Also Read more supreme court updates

2, Supreme Court allows withdrawal petition seeking a ban on political parties using names and symbols with religious connotations

01 May, 2023

Today, the Supreme Court bench comprising Justices Ahsanuddin Amanullah and MR Shah allowed the withdrawal petition seeking a ban on political parties using names and symbols with religious connotations. The petition was filed by the former chairman of the Uttar Pradesh Shia Central Board of Waqfs, Syed Waseem Rizvi. After hearing the matter today, the bench ordered, “The appearing counsel seeks permission to withdraw the present petition with the liberty to approach the High Court. The writ petition stands dismissed as withdrawn, with the above liberty. We have not expressed anything on merits in favor of any party.”

Also Read: Legal Articles

3, Calcutta High Court: Justice TS Sivagnanam appointed as Chief Justice

02 May, 2023

On May 01, 2023, the Central Government apprised the appointment of the senior-most judge of the Calcutta High Court, Justice TS Sivagnanam, as its Chief Justice. He was born on September 16, 1963, and started his practice in September 1986. Initially, he was appointed as an additional judge of the Madras High Court, and on March 29, 2011, he was made a permanent judge there. Further, he was transferred to the Calcutta High Court in October 2021. The date of his retirement is 15 September 2025.

In February 2023, Justice TS Sivagnanam’s name was recommended by the Supreme Court Collegium for appointment as the Chief Justice of Calcutta High Court. His name was recommended because the then Chief Justice, Justice Prakash Shrivastava was to resign from office on March 30. Since 31 March 2023, Justice Sivagnanam was serving as Acting Chief Justice of the High Court.

Also read : legal news

[indianhour]

Lalit Modi tenders unconditional apology; SC closes contempt case

Lalit Modi | Representative Image The Supreme Court on Monday closed contempt proceedings against ex-IPL commissioner Lalit Modi after he tendered an unconditional apology for his remarks against the judiciary in social media posts. A bench of Justices MR Shah and CT Ravikumar took note of an affidavit filed by Modi in which he stated that in future he will not do anything which is inconsistent…

[kashmirmonitor]

Lawyers can't go on strike: SC

The Supreme Court on Thursday said lawyers cannot go on strike or abstain from work and directed all high courts to constitute grievance redressal committee at the state level headed by the chief justice, where advocates could make representations for redressal of “genuine problems”.A bench headed by Justices MR Shah and Ahsanuddin Amanullah said that a separate grievance redressal committees be…

[seemabhatnagar]

Ratification of an act by the competent authority binds the Principal legally

Municipal Commissioner Jamnagar, Municipal Corporation & Anr. v. R M Doshi

Decided on 02.05.2023 by Supreme Court of India

 Fact: This is a case where a Civil Engineer R M Doshi, (Respondent in this case) working with Municipal Corporation Jamnagar was found to have committed certain #irregularities with respect to execution of work within the Municipal Corporation of Jamnagar. #Charge sheet was issued against him to which he didn’t agreed. #Departmentalinquiry was initiated and inquiry report was provided to him along with the notice as to why major penalty be not issued under Gujrat Civil Services Rules 1971. Respondent replied to the show cause notice. Respondent was #dismissed by Commissioner Municipal Corporation.

#Dismissalorder as well as the authority of the #Commissioner was #challenged before Single Judge of Gujrat High Court. Single judge held that the Resolution passed by the General Board of the Jamnagar Municipal Corporation did not empower the Municipal Corporation to initiate and/or to conclude the disciplinary proceedings for the alleged irregularities or negligence in the present case.

Single Judge set aside the order of dismissal passed by the Commissioner solely on the ground that the Commissioner had no authority and/or power to impose any major penalty upon the respondent for the misconduct proved.

The order of the Single Judge was challenged in #LetterpatentAppeal before Division Bench of the Gujrat High Court. The Division Bench of The High Court confirmed the order of the Single Judge and dismissed the Letter Patent Appeal

Aggrieved by the dismissal of Letter Patent Appeal, #CivilAppeal was filed before the #ApexCourt.

Issue: The Municipal Commissioner who passed the order of dismissal had no power / authority to impose the penalty of dismissal on the respondent.

Argument on behalf of the Municipal Corporation: Resolution authorized the Commissioner to pass the final order of penalty and the said delegation covers all kinds of works including purchases and other execution of work in which it is found that the officer has committed irregularity and/or had acted in a negligent manner.

It is submitted that in any case, thereafter, the decision of the Commissioner to dismiss the respondent from service was placed before the General Board and the General Board subsequently ratified the action taken by the Commissioner. It is submitted that even if the order passed by the Commissioner can be said to be invalid, the same is be ratified subsequently and the defect is said to have been cured.

Observation of the Apex court

i. In the Departmental proceedings charges and the misconduct alleged against the respondent have been proved, which has been even confirmed by the learned Single judge.

ii. However, thereafter, solely on the ground that the Commissioner, who passed the order of dismissal had no power / authority to impose the penalty of dismissal on the respondent has quashed the order of dismissal with all consequential benefits and the same has been confirmed by the Division Bench.

iii. Any irregularity complained of by the respondent on the authority exercised by the Commissioner to dismiss him stood ratified by the competent authority (General Board) thereby making an invalid act a lawful one in conformity with the procedure prescribed under the Act and the Rules.

Decision: The Division Bench of the Hon’ble Apex Court comprising Hon’ble Mr. Justice M R Shah J & Hon’ble Mr. Justice J B Pardiwala J quashed and set aside the order passed by Single Judge of Gujrat High Court as well as the order passed in Letters Patent Appeal by the Division Bench of the Gujrat High Court.

It was further submitted that the decision of the Commissioner to dismiss the respondent from service was placed before the General Board and the General Board of the Corporation vide its subsequent resolution, ratified the action taken by the Commissioner. The said ratification relates back to the order of dismissal passed by the Commissioner and the defect is cured after ratification.

Seema Bhatnagar

[astrosblogs]

"Nothing For BJP To Hide, Nothing To Be Afraid Of": Amit Shah On Adani Row

The Hindenburg-Adani row has turned into a major political controversy with the Congress and other opposition parties making allegations of favouritism.

New Delhi: With the opposition targeting the BJP-led government over the Hindenburg-Adani row, Union Home Minister Amit Shah has said that it will not be appropriate for him to comment as the Supreme Court has taken cognizance of the matter but there is nothing "for the BJP to hide or be afraid of".

"The Supreme Court has taken cognizance of the matter. As a minister, if the Supreme Court is seized of the matter it is not right for me to comment. But in this, there is nothing for the BJP to hide and nothing to be afraid of," Mr Shah said in an exclusive interview with ANI.

The Hindenburg-Adani row has turned into a major political controversy with the Congress and other opposition parties making allegations of favouritism and crony capitalism against the government. They raised the issue during the budget session of parliament demanding a joint parliamentary committee probe. 

The opposition parties have also targeted Prime Minister Narendra Modi on the issue.

They have sought questions over the investment of LIC and some public sector banks in the Adani group. The government has rejected the allegations with PSUs and regulatory bodies also issuing statements about their following the norms and acting to their mandates.

The Centre on Monday informed the Supreme Court that SEBI had agreed to constitute a committee to protect investor interests following Hindenburg's report on Adani Group.

Solicitor General Tushar Mehta informed a bench of Chief Justice DY Chandrachud that SEBI is completely equipped to deal with the situation that took place due to a recent report by Hindenburg Research.

Mehta also said that the government has no objection to appointing a committee to suggest how to ensure investors are protected in the future. However, he said that remit of the committee is important since it has an effect internationally and that the government will provide names in a sealed cover.

Asked about Rahul Gandhi's recent speech in Lok Sabha, which was almost entirely concerned the Adani group, Mr Shah said it is for the Congress leader or his script writers to decide what speech he wants to give.

"What speech he wants to give is for him or his speech writers to think," he said.

Reacting to Rahul Gandhi's "crony capitalism" allegation against BJP, Mr Shah said. "There is no question. Nobody has been able to level such allegation against the BJP till date. During their (Congress) era, agencies be it CAG or CBI, they had registered cases taking cognizance of corruption. There were scams of ₹ 12 lakh crore."

Asked about allegations of Congress and other opposition parties of BJP "capturing institutions", Mr Shah said they should go to the court noting that courts are not under influence of BJP. "Court 'humare kabze mein nahi hai," he said.

"Why don't they go to the court? Even at the time when Pegasus issue was raised, I had said go with proofs to the court...They only know how to create noise. Those who approached the court, the court took cognizance of Pegasus and also delivered its judgement. The investigation was also done," he added.

Asked about BJP spokespersons indicating that there is such "conspiracy" ahead of elections, he said it is for them to reply.

"Thousands of conspiracies cannot harm the truth. Truth shines bright like the sun. They have been doing it since 2002 against PM Narendra Modi. And every time, he has emerged stronger, truthfully and by gaining more popularity among people every time," he said when asked if there is a conspiracy in the wake of Hindenburg report and BBC documentary.

 Prime Minister Narendra Modi in his speech at the Lok Sabha in reply to the debate on the motion of thanks on the President's address had lashed out at the Congress-led UPA government at the Centre, saying that it converted "every opportunity into a crisis" during its 10 years at the helm between 2004 and 2014. PM Modi said UPA's term at the helm between 2004 and 2014 was "full of scams".

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The Supreme Court seeks help from Attorney General for India in religious conversion case

The Supreme Court on Monday asked the Attorney General for India, R Venkataramani to help the court in the plea seeking to control the forceful and deceitful religious conversions in the country. A Bench of Justices MR Shah and CT Ravikumar renamed the title of the plea filed by BJP leader Ashwini Upadhyay as "In Re: Issue of religious conversion" and also adjourned the matter to February 7.

"The present petition is titled 'in re issue of religious conversion' henceforth. Looking into the seriousness and importance of the matter, Attorney General for India, R Venkataramani is requested to appear in the matter and assist the Court either as amicus or otherwise in any form" read the order.

During the hearing, the bench agreed that forceful conversion of religion is a serious matter.

"We want your assistance also, as the Attorney General for India. Religious conversions by force, allurement or some other thing, etc... these are allegations. We are not opining whether it has actually happened or not. If actually it is happening, there is a difference between right to freedom of religion and right to convert. There are ways and ways, anything by allurement, if that is happening, when what should be done? What are the corrective measures?", the Bench asked the AG, who assured me that he would get back after examining the case records.

The Solicitor General of India Tushar Mehta also joined the hearing and said that this matter is of national interest and must be taken seriously.

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Highlights: The Supreme Court canceled the anticipatory bail granted by the Kerala High Court Instruct the High Court to re-examine and resolve this case ISRO scientist Nambi Narayanan is accused of being implicated in a false case New Delhi: The Supreme Court on Friday set aside the anticipatory bail of four accused, including a former Director General of Police (DGP), accused of fraudulently implicating scientist Nambi Narayanan in the 1994 ISRO spying case. In addition, the Supreme Court sent the case back for re-examination by the Kerala High Court and instructed to take a decision as soon as possible within a period of four weeks. A bench comprising Justices MR Shah and CT Ravikumar granted the accused five weeks interim protection from arrest till the High Court decides the case. "All these appeals are allowed. The High Court order granting anticipatory bail is quashed and set aside. All matters are remanded back to the High Court to take a fresh decision on its own merits. The court finds no merit on the part of either party," the bench said. "It is ultimately for the High Court to pass the order. The anticipatory bail applications should be decided at the earliest, within four weeks from the date of this order," the bench said. CBI case The CBI had registered a case against four accused, former DGP of Gujarat RB Sreekumar, two retired police officers from Kerala and a retired intelligence officer for allegedly framing Nambi Narayanan in a false case. He approached the Kerala High Court against this and was granted anticipatory bail. The CBI had sought cancellation of the anticipatory bail, saying it would derail the investigation of the case. The CBI also questioned how the cases were lumped together instead of being heard separately. It had argued that courts can grant bail to accused on the merits of individual cases. Harassment of Nambi Narayanan In 1994, there were explosive allegations that some confidential documents of India's space programs were sent abroad by two scientists and two Maldivian women along with four others. The CBI had said that the Kerala Police had fabricated a story that ISRO scientist Nambi Narayanan had stolen and sold non-existent technology in 1994. It alleged that senior officials in Kerala were responsible for Nambi Narayanan's illegal arrest. ALSO READ: Gujarat Assembly Polls: Gujarat Elections: Candidates with criminal background are in the running Sep 2018 On the 14th, the Supreme Court, which had appointed a three-member committee, ordered the Kerala government to pay compensation of Rs 50 lakh to Nambi Narayanan, who suffered extreme humiliation and harassment. Click on Twitter, Facebook, Youtube links to subscribe to our social media pages.