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Where enquiry is improper/violates the principles of natural justice, the matter should be remanded to conduct the enquiry from the stage it stood vitiated

Where enquiry is improper/violates the principles of natural justice, the matter should be remanded to conduct the enquiry from the stage it stood vitiated

A2Z Legal Knowledge - April 06, 2022

The Division Bench of the Supreme Court in the case of   The State of Uttar Pradesh and Ors. vs Rajit Singh  consisting of Justices M.R. Shah and B.V. Nagarathna observed that where it is found that the enquiry is not conducted properly and/or the same is in violation of the principles of natural justice, matter should be remanded to the Disciplinary Authority to conduct the enquiry from the stage it stood vitiated. Facts The employee (respondent) was serving as a Junior Engineer at Balia. Via an enquiry, it was found that he had committed fin…

Unless there is real Danger to Life there can't be any Dying Declaration? SC settles

Unless there is real Danger to Life there can't be any Dying Declaration? SC settles

A2Z Legal Knowledge - April 06, 2022

The Supreme Court has held that there is no absolute proposition of law that in a case when at the time when the Dying Declaration was recorded, there was no emergency and/or any danger to the life, the Dying Declaration should be discarded as a whole. The Division Bench of Justice MR Shah and Justice BV Nagarathna observed the above while adjucating upon an appeal by State Govt assailing Allahabad High Court order acquitting the respondent-accused for the offences under Section 302 and 148 IPC. Facts and Submissions  The State Counsel, among …

Can an Advocate who left Legal Practice for Govt. Job continue to be a Member of Bar? HC replies

Can an Advocate who left Legal Practice for Govt. Job continue to be a Member of Bar? HC replies

A2Z Legal Knowledge - April 06, 2022

The Kerala High Court has ruled that a serving Government Employee who holds a Bar Enrollment Certificate but had gave up legal practice for Govt service cannot be called as a   'Bar Member' The Division Bench of Justice Alexander Thomas and Justice Viju Abraha in view of the Advocates Act and Bar Council of India Rules held that a person who was initially enrolled as an Advocate and later voluntarily suspended legal practice cannot be entitled to Bar Membership and practise as an Advocate. In challenge to the Kerala Administrative Tri…