It is also further stated that in this case since the statute itself has provided such opportunity being accorded and the procedure is also prescribed by way of rules under the rule making power given under Section Rule with Section as per G. Even otherwise, the learned Counsel would maintain that this is not a case of subsequent disqualification after appointment, but a disqualification which was incurred by the 6th respondent long prior to the appointment and which, in fact, was brought to the notice of the concerned authorities inclusive of the Minister concerned by making due representations. The authority has got a discretion to consider all the facts and circumstances in a particular situation and decide whether the person concerned is debarred from holding the post or not. Every false statement made by a person may not be moral turpitude, but it would be so if it discloses vileness or depravity in the doing of any private and social duty which a person owes to his fellowmen or to the society in general. Magistrate and Collector was approved and Pawan Kumar v. Section 19 f of the Indian Arms Act. Accordingly, the Writ Petition is allowed to the extent indicated above. It is more than the civic deficiency manifested by breaking a known law.
The matter was carried to its logical end to the Apex Court, but the Apex Court also confirmed the conviction and modified the sentence as can be seen from the orders specified above. The learned senior Counsel further made several elaborate submissions making certain Pouranik references also in this regard. The Inspector Of Panchayat and Collector Of Ramanathapuram 1 MLJ it was observed that to fall under “moral turpitude” offence to be one in which the person had displayed lack of morals. Srivastava, J, the tests, which should ordinarily be applied for judging whether a certain offence did or did not involve moral turpitude, are as follows:. In Baleshwar Singh v. Counter affidavit of 1st respondent was sworn to by I. The 5th respondent had not filed any counter affidavit and the 5th respondent is the Circle Inspector of Police, Pakala Circle, Pakala, Chittoor District. In Ramnatha Iyer Law Lexicon moral turpitude has been defined as ‘anything done contrary to justice, honesty, principle of good morals.
It does not need any further interpretation. It is also stated that there is episodr individual interest or individual cause of action and this Writ Petition is being filed with common interest to protect and safe-guard the interest of the Temple and the petitioners will not get any individual benefit, but in the interest of the 4th respondent Temple, which is common cause, the petitioners were forced to file this Writ Petition.
The applications of the individuals, the antecedents report of the Assistant Commissioner, Endowments Department, the report of the Inspector of Police, the Xerox copies of the relevant Judgments, also are available in the records produced by the learned Government Pleader for Endowments apart from G.
District Magistrate and CollectorBanarasJ. The 5th respondent also had not filed any counter affidavit.
It is averred in para 3 that it is true that the Government had called for the applications for constituting the Trust Board and chittemma 6th respondent applied for being appointed as Member of Trust Board. Further it is stated that the intention of the Legislature is very clear that persons having criminal record or involved in criminal cases for an offence involving moral turpitude cannot be considered in the interest and management of the Temples.
In re ‘P’ an Advocate SC There may be cases where punishment is not grave but they may fall under the category involving “moral turpitude”.
There, a statute which employed vague terminology wholly jacking in common law background or interpretation, was aimed at limiting rights of free speech. Rama Moorthy Reddy, Advocate, appeared cchittemma behalf of the 6th respondent and in his presence interim order was granted for a limited time and was extended thereafter, and as such the 6th respondent was given an opportunity by this Court.
It is pertinent to note that the facts are not in controversy between the parties. Jaffar Imam and Ors. These are all close relatives and because of the differences, unnecessarily, this litigation had been thought of though there is sufficient long lapse of time. Brij Kishore Shukla v. Counter affidavit of 1st respondent was sworn to by I. The chittemma of moral turpitude has been used as a test in variety of situations including legislation chhittemma the disbarment of attorneys.
The term ‘moral turpitude’ has deep roots in law. The learned Chitremma held that the act did not show any depravity in the character of the respondent nor had the respondent done anything which was considered base or demeaning by society in general; so that the conviction did not involve any moral turpitude.
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Allahabad High Chittemmaa17 Apr It appears that the conviction in that case was for an offence under Section 61 of the Punjab Excise, Act and the sentence imposed was two months’ rigorous imprisonment, but the nature of the particular offence committed is not given, and so it is not possible to derive any help from that judgment.
It is also stated that the other petitioners being villagers of Kanipakam and other nearby villages are also Ubhayadarulu of various Vahanam on caste basis. Section 19 f. It is also averred that as per Law Lexicon, “Moral Turpitude” as generally been taken to mean to be a conduct contrary to justice, honesty, modesty or good morals and contrary to what a woman owes to a fellow man or Society in general, and that it has never been held that gravity of punishment is to be considered in determining whether misconduct involves moral turpitude or not and also it is further averred that even if the words involving moral turpitude are held to be implied in conviction on criminal charge in proviso to Article 2it is clear that if a dpisode of the Police Force is guilty of having been found drunk at a public place or to have become habituated to liquor and if he is convicted by a criminal Court, then his conviction should be held as involving chittemmma turpitude.
Contentions of the learned Government Pleader for Endowments: Such cases may have to be decided depending upon the facts of each given case. After full fledged trial, the 6th respondent and others were convicted and sentenced with rigorous imprisonment for a period of 3 years on two counts i.
It is further averred in para 5 of the affidavit filed in support of the Writ Petition that inspite of bringing the above said facts to the notice of respondents 1 to 3, the 1st respondent issued G. Elaborate submissions were made in relation to the concept of moral turpitude and this expression not being defined by the Enactment, to attract the said disqualification, a person 1 should have been sentenced by a Criminal Court, 2 offence must be involved in a moral turpitude, 3 sentence should not have been reversed.
It is also stated that further there is no averment stating that the 2nd respondent has authorized him to file the said counter and in the absence of the same, a third party cannot file a counter, who is no way concerned with the Writ Petition and as such the contents of the counter affidavit cannot be taken into consideration.
It is also stated that Section 19 deals with disqualification for appointment and Section 28 deals with suspension, removal or dismissal of Trustee, if he becomes subject to any disqualifications specified in Section Section 11 prescribes qualification of Panchas and under Clause g it is provided that any person who has been convicted by a competent Court of an offence involving moral turpitude shall not be eligible.
Corporation 2 Serv LR Chakki Lal All. Wherever conduct proved against an Advocate is contrary to honesty, or opposed to good morals, or is cyittemma, it may be safely held that it involves moral turpitude. It is also further stated that in this case since the statute itself has provided such opportunity being accorded episkde the procedure is also prescribed by way of rules under the rule making power given under Section Rule with Section as per G.
Serious sexual crimes such as rape involve moral turpitude. Panchayat Raj Act, and the offence under section of the ipc it was held:. Ramakrishna Reddy He is residing at Kanipakam.
The learned Government Pleader also relied upon Pawan Kumar v. The Assistant Commissioner, Endowments Department, Chittoor, through his letter in the reference 14th cited has reported that he has enquired into the antecedents of all Twelve 12 applications. Aiyar’s Judicial Dictionary, ‘Moral’ is defined as hereunder: Moral, adj of or relating to character or conduct considered as good or evil: What is, however, urged is that conviction for customs duty does not involve moral turpitude and, therefore, the applicant was not disqualified under Clause g of Section While the term ‘moral turpitude’ has never been clearly or certainly defined, obviously because it refers, not to legal standards, but rather to those changing moral standards of conduct which society has set up for itself through the centuries Manzella v.
New York held an ancient statute unconstitutional for vagueness; U. The attention of Sri G.
Full text of “Documentation In Public Administration Jan-march Vol Xv”
This is an unreported judgment, but there is a brief reference to it in the short notes in 67 Pun LR Note No. Section 28 3 and the provisions. Mere violation of a particular statute cannot amount to the 804 of an act involving moral turpitude. Further specific stand had been taken that whether the findings would fall under the category of moral turpitude is a mixed question of fact and law. The learned Counsel made elaborate submissions on the aspect of the scope, ambit chitetmma definition of the expression “moral turpitude” and also further had taken this Court through the relevant provisions of the Act and the Rules framed thereunder and would episide that an offence of kidnapping from lawful guardianship would definitely be an offence involving moral turpitude and hence the Writ Petition to be allowed.