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SERVICE LAW: Recovery of bribe money not enough to convict a babu: SC …

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Recovery of bribe money not enough to convict a babu: SC
Moms of surrogate babies can get maternity leave: HC
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Recent Court Judgements
■ SC: “… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.” – SC Judgment dated 14.09.2015 – P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable)
■ Pension relief for all the other employees who have availed SBI-VRS 2000 after having completed 15 years of pensionable service – SC Judgment dated 26.02.2015 – Asstt. General Manager, State Bank of India & Others Vs. Radhey Shyam Pandey
■ Suspension Order should not extend beyond three months –  SC Judgment dated 16.02.2015 – Ajay Kumar Choudhary Vs. Union of India & Anr.
■ Benefits of Reservation on Reconversion  – SC: “… we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste.” – SC Judgment dated 26.02.2015 – K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate
■ Disability Pension – “A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same.” … “Since the disability has in each case been assessed at more than 20%, their claim to disability pension could not have been repudiated by the appellants.” –   SC Judgment dated 13.02.2015 – Union of India & Anr. Vs. Rajbir Singh
■ Second marriage during the currency of first marriage – A practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25. – SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors.
■ Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws.SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp.
If the order of termination is void ab initio, the workman is entitled to full back wages. – SC Judgment dated 13.01.2015 – Jasmer Singh Vs. State of Haryana & Anr. Reservation in Promotion from Scale-I to Scale-II and upward up to Scale-VI in Public Sector Banks – SC Judgement dated 09.01.2015 – Chairman & Managing Director, Central Bank of India & Ors. Vs. Central Bank of India SC/ST Employees Welfare Association & Ors.
 More:  Court Judgments on Service Matters
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Recovery of bribe money not enough to convict a babu: SC

Timesofindia.indiatimes.com
Sep 17, 2015
NEW DELHI: A government official cannot be convicted under corruption charges merely on the basis of recovery of bribe money and it is essential to prove that he had demanded money, the Supreme Court has ruled.
More: SC: “… … the prosecution, in the instant case, has failed to prove unequivocally, the demand of illegal gratification and, thus, we are constrained to hold that it would be wholly un-safe to sustain the conviction of the appellant under Section 13(1) (d)(i)&(ii) read with Section 13(2) of the Act as well. In the result, the appeal succeeds.” – SC Judgment dated 14.09.2015 – P. Satyanarayan Murthy Vs. The Distt. Inspector of Police and Anr. (Non-Reportable)

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Moms of surrogate babies can get maternity leave: HC     Timesofindia.indiatimes.com
Jul 18, 2015 
NEW DELHI: In a landmark verdict the Delhi high court on Friday ruled that surrogate mothers who have children through surrogacy are entitled to maternity leave which includes pre- and post-natal period. …

Slow promotions, ageing officials: HC orders cadre review in BSF   Indianexpress.com
Apr 24, 2015
The lack of a cadre review in 25 years in the Border Security Force has resulted in no post creation at command levels, leading to “frustration” among already ageing officials due to extremely slow promotions, observed the Delhi High Court and directed the Centre to appoint a panel for conducting the exercise within six months. …

Dismissal of magistrate who favoured woman lawyer upheld   Timesofindia.indiatimes.com
Apr 19, 2015
MUMBAI: The Bombay high court has upheld the dismissal from service of a chief judicial magistrate accused of developing close relations with a woman advocate and granting orders in her favour. …

Promote paramilitary jawans even after disability: HC   Timesofindia.indiatimes.com
Apr 15, 2015
CHANDIGARH: The Punjab and Haryana high court has come to the rescue of jawans of the paramilitary forces at a time when they have borne the brunt of deadly Naxalite attacks in Chhattisgarh and elsewhere. In a landmark judgment, Justice Ajay Tewari has ruled that jawans are entitled for promotion even after they have suffered disability. …

Polygamy not integral part of Islam: SC   Timesofindia.indiatimes.com
Feb 10, 2015
NEW DELHI: Although their personal law permits men to have four wives, the Supreme Court on Monday ruled that a Muslim’s fundamental right to profess Islam did not include practicing polygamy. …

Supreme Court orders retirement for corrupt LIC cashier who embezzled Rs 533 Timesofindia.indiatimes.com
Jan 7, 2015
NEW DELHI: No sympathy should be shown to any government employee indulging in corruption and the person should be dismissed from his job, the Supreme Court has held while awarding compulsory retirement to a Life Insurance Corporation of India cashier for misappropriating Rs 533 twenty-five years ago. …

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