Judgment Corner

Judgment Corner

- Lawz Bureau

ART. 226 CAN BE INVOKED DESPITE THE AVAILABILITY OF ALTERNATE REMEDIES IN CASES OF MISCARRIAGE OF NATURAL JUSTICE

The MP HC entertained a writ petition under Article 226 despite the availability of alternate remedies. The Petitioner’s license was suspended without granting any opportunity. The Court accepted this petition despite the availability of alternate remedies on the ground that principles of natural justice had been violated. The impugned order was set aside as ‘due process’ had not been followed while passing it. However, the respondents were given the liberty to proceed against the petitioner in accordance with law and the principles of natural justice.

NO ACTION ON LAST MINUTE GRAFT COMPLAINTS AGAINST BUREAUCRATS: CVC

No action will be taken on last- minute corruption complaints against bureaucrats when they are being considered for senior-level posts or promotions, the Central Vigilance Commission (CVC) has said.

CVC said that any complaint received within six months of a proposed elevation or empanelment etc would not to be taken into account in order to curb the rise in motivated allegations of corruption. However, a rider to the provision, saying “misconduct” would not be ignored.

ONLY AORs CAN MENTION CASES FOR OUT-OF TURN HEARING: SC

The SC put an end to the old practice of allowing senior lawyers to mention cases seeking their out-of-turn listing and hearing. A bench headed by CJI Dipak Misra also made clear that now onwards only Advocates-on-Record (AoR) would be authorised to mention cases for out-of-turn hearing.

SC WIDENS SCOPE OF FRONT-RUNNING RULES TO INCLUDE INDIVIDUALS