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Tamil Nadu

This tag is associated with 29 posts

Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 – fixing cut off marks at 60% with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court confirmed the same and dismissed the SLP = Prof. A. Marx. …. Petitioner Verses Government of Tamil Nadu & Anr. …. Respondents = Published in judis.nic.in/supremecourt/filename=41085

Tamil Nadu Teacher Eligibility  Test  (TNTET)  -2013 Notification/Advertisement No.13/2013 dated 22nd May,  2013  – fixing cut off marks at 60%  with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court … Continue reading

Service matter = The Diploma holders after obtaining Degree , on their application , can be re-designated as Assistant engineers and while considering their promotion for Assistant Executive Engineer (Electrical) – They can, therefore, be considered only against the 25% quota reserved for the Subordinate Service and not against 75% reserved for the State Service members directly recruited to that service or appointed by transfer in terms of the Rules. = apex court dismissed the appeal. = B. Thirumal …Appellant Versus Ananda Sivakumar and Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41001

The Diploma holders after obtaining Degree , on their application , can be re-designated as Assistant engineers  and while considering their promotion for Assistant  Executive  Engineer (Electrical) –    They can, therefore, be considered  only  against  the 25% quota reserved for the Subordinate Service and not against 75%  reserved for the  State  Service  members  directly  recruited  to  that  service  or appointed by transfer … Continue reading

Maintenance of Reservations of 3 % = Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short ‘the Act’) UNION OF INDIA & ANR. Vs. NATIONAL FEDERATION OF THE BLIND & ORS.- judis.nic.in/supremecourt/filename=40868

Reservations of 3% for disabled persons under the persons with Disabilities Act in various Govt.     institution – some directions to implement the same =   wherein the High Court interpreted Section 33  of  the   Persons with Disabilities (Equal Opportunities,  Protection  of  Rights  and   Full Participation) Act, 1995  (in  short  ‘the  Act’)  and  issued … Continue reading

sec. 354 outrage the modesty of women is to be considered stringy, no lenient view – Ajahar Ali … Appellant VERSUS State of West Bengal … Respondent published in judis.nic.in/supremecourt/filename=40857

Sec. 354 outrage the modesty of women is to be considered stringy, no lenient view should be taken while granting punishment – Due to delay of 18 years, the accused is not entitled  to any benefit under the provisions of Probation of Offenders Act, 1958 – No lenient view       The provisions of Section 354 … Continue reading

Special Public Prosecutor asked not to appear without justifiable cause = the order dated 10.9.2013 passed by the Government of Karnataka asking Shri G. Bhavani Singh – respondent no.4, Special Public Prosecutor (hereinafter referred to as ‘SPP’) in a pending prosecution against the petitioners not to appear in the said matter; the communication dated 14.9.2013 passed by the Chief Justice of High Court of Karnataka at Bangalore by which the Chief Justice has approved the removal of Shri G. Bhavani Singh as SPP, as well as the consequential order dated 16.9.2013 issued by the State Government removing the respondent no.4 from the post of SPP. 2. A prosecution was launched against the petitioners for having assets disproportionate to their known income in the year 1996-1997 in the State of Tamil Nadu. = The Karnataka Civil Services (General Recruitment) Rules, 1977 authorise the State Government to appoint a retired government servant on contractual basis after meeting certain formalities, for a specific period as may be necessary. So far as judicial officers are concerned, their services are governed by the Karnataka Judicial Services (Recruitment) Rules, 1983 and Rule 3(2) thereof provides the application of the rules framed under any law or proviso under Article 309 of the Constitution to judicial officers, though subject to the provisions of Articles 233, 234 and 235 of the Constitution. The Rules of 1983 stand repealed by the Karnataka Judicial Service (Recruitment) Rules 2004 (hereinafter referred to as the ‘Rules 2004’) and Rule 11(2) thereof reads as under: “11(2). All rules regulating the conditions of service of the members of the State Civil Services made from time to time under any law or the proviso to Article 309 of the Constitution of India shall, subject to Articles 233, 234 and 235 be applicable to the Civil Judges (Junior Division), Civil Judges (Senior Division) and the District Judges recruited and appointed under these rules.” Thus, it is evident that the State Government is competent to appoint the learned Special Judge on contractual basis after his retirement for the period required to conclude the present trial, though with the consultation of the High Court as required under Article 235 of the Constitution. Further, in our humble opinion, such a course must be adopted in the manner prescribed under the Rules 2004 and in view thereof, the matter requires to be considered by the State Government with the consultation of the High Court. 31. Therefore, in view of the aforestated facts, we refer the matter to the High Court of Karnataka to decide on the administrative side as to whether, in order to conclude the trial expeditiously as guaranteed under Article 21 of the Constitution requires the extension of the services of the learned Special Judge. Considering the urgency of the matter, we request the High Court of Karnataka to take a decision in this regard as early as possible. 32. In view of the above, we are of the considered opinion that the order of removal of Shri G. Bhavani Singh-respondent no.4 is a product of mala fides and the impugned order is not sustainable in the eyes of law as such the same is hereby quashed. 33. With the aforesaid observations/directions, the writ petitions stand disposed of.

REPORTABLE        published in  http://judis.nic.in/supremecourt/imgst.aspx?filename=40840 IN THE SUPREME COURT OF INDIA   CRIMINAL ORIGINAL JURISDICTION   WRIT PETITION (CRIMINAL) NO. 154 OF 2013       Selvi J. Jayalalithaa & Ors. …Petitioners   Versus   State of Karnataka & Ors. …Respondents       WITH   WRIT PETITION (CRIMINAL) NO. 166 OF 2013 … Continue reading

Service matter – promotion = Appellants were absorbed in the RD Department as Overseers. Their previous service in Highways Department was also on the post of Overseers. In Rooplal’s case (supra), the Appellants were Sub- Inspectors of Boarder Security Force who were initially taken on deputation in Delhi Police as Sub- Inspectors (Executive) and were later on absorbed in Delhi Police in the same capacity. While fixing their seniority in Delhi Police, service already rendered by them as Sub-Inspectors in BSF was not taken into consideration. – The Appellants herein claimed the benefit of the previous service on the lower post of Overseer for determining the seniority on the higher post of Assistant Engineer. The aforesaid submission cannot be accepted for the simple reason that the Appellants had voluntarily accepted and given the option to be absorbed in the RD Department on the post of Overseer. No claim was made at that stage to be either absorbed or promoted as Assistant Engineer or to be given the benefit of the service already rendered by them in the Highways Department. Having considered the entire matter, we see no reason to differ with the view taken by the High Court. 32. The appeals are accordingly dismissed.

 published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40839 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8758 OF 2013 (Arising out of SLP (C.) No. 20986 of 2007) Tamil Nadu Rural Development Engineers Association …Appellant VERSUS The Secretary to Government Rural Development Department & Ors. …Respondents WITH CIVIL APPEAL NO.8759 OF 2013 (Arising out of SLP (C.) … Continue reading

Section 302 read with Section 34, Section 120-B and Section 342 IPC – This appeal is directed against the judgment and order dated 15.03.2007 passed by the High Court of Judicature at Madras in Criminal Appeal No. 963 of 2005 whereby the Division Bench of the High Court disposed of the appeal by acquitting A4 to A6 and confirmed the order of conviction and sentence dated 27.10.2005 in respect of A1 to A3 passed by the Additional District Sessions Judge, Salem in Sessions Case No. 254 of 2004.= As rightly observed by the High Court, inasmuch as in the earliest document, namely, the complaint, there is a specific reference to the involvement and role of the appellants including A-1 supported by the evidence of PWs 2 & 3 and the name of PW-3 has also been mentioned in the accident register (Ex. P-18), there is no valid reason to reject the evidence of eye-witnesses, viz., PWs 2 & 3. No doubt, there were some variations in the statements of PWs 2 & 3 and the Investigating Officer (PW- 14), however, when the variations are negligible about making of the complaint, taking note of the assertion of PWs 2 and 3 and various injuries inflicted on Babu, we concur with the conclusion arrived at by the High Court in accepting their evidence (PWs 2 & 3) on all aspects insofar as A-1 to A-3. Inasmuch as the prosecution has established the motive for the commission of offence, the evidence of PWs 2 & 3 are acceptable insofar as the involvement of A-2 and A-3 in the crime in question is concerned. In view of the presence of PW-3, which is also noted in the Accident Register (Exh. P-18) and of the fact that the contradictions are minor in nature, we agree with the conclusion arrived at by the High Court. Consequently, we reject all the arguments advanced by learned senior counsel for the appellants. 14) In the light of the above discussion, we do not find any merit in the appeal, consequently, the same is dismissed.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40677 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 CRIMINAL APPEAL NO. 1839 OF 2009     Raja @ Sasikumar & Anr. …..Appellant(s) Versus State through Inspector of Police …. Respondent(s)   2 3 J U D G M E N T   P.Sathasivam,CJI. 1) This appeal is directed against the … Continue reading

Acquittal =Death was caused by head injuries – as per doctor head injuries may be caused by iron pipe – No oral evidence that any one of the accused caused 1 – 4 heard injuries with iron pipe = medical evidence did not support the version of the prosecution = as per the prosecution case, A-1 and A-2 were armed with knives, A-4 was armed with iron rod and A-3 was holding only stick, in the absence of specific assertion by PWs 1 & 3 about the specific role of the appellant (A-3) and no medical evidence from the Doctor in the post mortem certificate, we are of the view that the conviction and the ultimate sentence in respect of the appellant (A-3) cannot be sustained. We are satisfied that both the courts below failed to take note of the fact that the medical evidence has not supported the version of the prosecution in respect of the appellant (A-3) and in fact contrary to the evidence of PWs 1 & 3, therefore, the conviction and sentence of the appellant is liable to be set aside. The conclusion of the High Court that the appellant along with others attacked the deceased with intention to cause injuries is without any basis and not supported by acceptable evidence. Therefore, the conviction under Section 302 read with Section 34 IPC insofar as the appellant is concerned is liable to be set aside.= In the light of the above discussion, the conviction and sentence of the appellant under Section 302 read with Section 34 IPC is set aside. The appeal is allowed. The appellant is directed to be released forthwith, if not required in any other case.

 published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40572 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1533 OF 2009 Nagappan …. Appellant(s) Versus State by Inspector of Police, Tamil Nadu …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) This appeal has been filed against the judgment and order dated 12.04.2006 passed by … Continue reading

Whether the promises at the time of election amounts to corrupt practices – apex court held No.: Whether the free gifts to the voters in their Manifesto amounts to corrputs practices – apex court held yes = distribution of free gifts by the political parties (popularly known as ‘freebies’). The Dravida Munnetra Kazhagam (DMK)- Respondent No. 8 herein, while releasing the election manifesto for the Assembly Elections 2006, announced a Scheme of free distribution of Colour Television Sets (CTVs) to each and every household which did not possess the same, if the said party/its alliance were elected to power. Thus, promises in the election manifesto do not constitute as a corrupt practice under the prevailing law.- the promises in the election manifesto cannot be read into Section 123 for declaring it to be a corrupt practice. ; Although, the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree. = we hereby direct the Election Commission to frame guidelines for the same in consultation with all the recognized political parties as when it had acted while framing guidelines for general conduct of the candidates, meetings, processions, polling day, party in power etc. = Model Code of Conduct for the Guidance of Political Parties & Candidates. We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process. We hereby direct the Election Commission to take up this task as early as possible owing to its utmost importance. We also record the need for a separate legislation to be passed by the legislature in this regard for governing the political parties in our democratic society. In the light of the above discussion, taking note of statutory provisions of the RP Act, which controls only candidate or his agent, mandates provided under the directive principles, various guidelines such as income limit, preference to women, agricultural labourer etc as detailed in the counter affidavit by the State, we find no merit in the appeal as well as in the transferred case. With the above observation as mentioned in paragraph Nos. 77-80, the appeal and the transferred case are dismissed. No order as to costs. of

 published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40527  REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 CIVIL APPEAL NO. 5130 OF 2013 3 (Arising out of SLP (C) No. 21455 of 2008) S. Subramaniam Balaji …. Appellant(s) Versus The Government of Tamil Nadu & Ors. …. Respondent(s) WITH TRANSFERRED CASE NO 112 OF 2011 S. Subramaniam … Continue reading

PROMOTION = Seniority was only to be taken into consideration where merit and ability of two eligible candidates was found to be approximately equal. This would lead us to yet another relevant inference on the issue in hand. In the above view of the matter, every claim for onward promotion from the post of Motor Vehicles Inspector (Grade II) was liable to be considered on the basis of merit. Therefore, an individual with superior merit would steal a march over those less meritorious. Thus viewed, if respondent no.5, K.V. Karthalingan, was actually possessed of outstanding and exceptional merit, as is sought to be suggested, he would have stolen a march over his seniors even under the existing Special Rules. Thus viewed, even by the manner/method of onward progression postulated in the Special Rules, a person with conspicuous merit and ability (as postulated under Rule 36(b)(ii) of the General Rules), would overtake others without having to invoke Rule 36(b)(ii) of the General Rules. This does not seem to have happened in case of respondent no. 5, K.V. Karthalingan. On his consideration, after he had acquired eligibility for promotion to the post of Motor Vehicles Inspector (Grade I), he was promoted as such only on 10.5.2000. The merit and ability possessed by respondent no. 5, K.V. Karthalingan, is not shown to have resulted in his having superseded other members of the cadre senior to them. For the instant reason also, reliance placed by respondent no. 5, K.V. Karthalingan, for out of turn/accelerated promotion under Rule 36(b)(ii) of the General Rules deserves outright rejection. We find it difficult to appreciate the approach of the Administrative Tribunal, as also, the High Court. The simple reason depicted in the State Government’s order dated 8.12.1998 was, that the instances of extraordinary service relied upon by respondent no. 5, K.V. Karthalingan, to claim out of turn/accelerated promotion, could not be treated as exceptional or unprecedented, as such instances were common in the Transport Department. Even though respondent no. 5, K.V. Karthalingan, had not disputed the aforesaid factual position, it is difficult to understand how the Administrative Tribunal, as also, the High Court had accepted the claim of respondent no. 5, K.V. Karthalingan, by concluding that he had actually rendered extraordinary and exemplary service. Since the factual assertion made by the State Government in its order dated 8.12.1998, had remained unrebutted, we are of the view, that the Administrative Tribunal, as also, the High Court, were wholly unjustified in recording such a conclusion. For the instant reason also, the impugned orders dated 10.7.2002 (passed by the Administrative Tribunal) and 13.10.2004 (passed by the High Court) deserve to be set aside. 30. For the reasons recorded hereinabove, we find merit in the various contentions advanced by the learned counsel for the appellants. The order passed by the Administrative Tribunal on 10.7.2002 (while disposing of Original Application no. 429 of 2002) and the order passed by the High Court on 13.10.2004 (while disposing of Writ Petition (Civil) no. 21562 of 2003) directing the promotion of respondent no. 5, K.V. Karthalingan, to the post of Regional Transport Officer, are clearly unsustainable. They are accordingly hereby set aside. 31. Allowed in the aforesaid terms.

PUBLISHED IN http://judis.nic.in/supremecourt/filename=40460 Page 1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4832 OF 2013 (Arising out of SLP (C) No. 3464 of 2012) P. Dharni & Ors. … Appellants Versus Govt. of Tamil Nadu & Ors. … Respondents J U D G M E N T Jagdish Singh Khehar, J. … Continue reading

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