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Kiran Kumar (Lawyer)     13 December 2009

Moral Turpitude

What constitutes MORAL TURPITUDE?

 

i would like the discussion to go keeping in mind the Service Law....better would be if my friends come up with few judgments as well :-)



Learning

 7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 December 2009

DEAR KIRAN,

I HOPE THESE 2 JUDGMENT CAN THROW SOME LIGHT ABOUT 'MORAL TURPITUDE'

 (2009) 2 MLJ 560

A.Padmanabhan Vs. Joint Commissioner of Labour, (Appellate
Authority under the Payment or Gratuity Act), Labour welfare
Buildings, Teynampet, Chennai and Another.
Payment of Gratuity Act (39 of 1972), Section 4(6)(b)(II) –
Gratuity – Forfeiture of – Employee dismissed from service for misconduct – Order of
dismissal confirmed till the stage of Supreme Court – Gratuity for feited for the proven
dishonesty – Order challenged in writ petition – Misconduct of the employee cannot be
said to be depravity of character involving moral turpitude – Gratuity payable, cannot be
deprived – Writ petition allowed. (Readed.)
 (2009) 2 MLJ 589
Mohammed abdur Raheem @ Ramuvel Vs. State Bank of India, rep. by
its Chief General Manager, Chennai and Another.
Constitution of India (1950), Article 226 – Banking Regulation Act
10 of 1949), Section 10(1)(b)(i) – Discharge from Service – Petitioner’s services were
dispensed with on ground of his conviction by Criminal Court under section 498A IPC
and Section 4 of Dowry Prohibition Act (28 of 1961) –Contention of petitioner that his
conviction for said offences does not involve moral turpitude – Said contention not
acceptable – Demanding and accepting dowry is certainly an offence involving moral
turpitude – So also contention that he cannot be discharged from service since he had his
sentence suspended pending appeal, is not acceptable – Writ petition dismissed.
1 Like

N.K.Assumi (Advocate)     13 December 2009

Dear Kiran, if you read the Nixon's water gate scandal case it is there, but in India I have found this.

1.Whether the act leading to a connection was such as could schock the moral conscience of society in general;

2.Whether the motive which led to the act was base one; and

3.Whether on account of the act having been committed the perpetrator could be considered to be depraved character of a person who was to b looked down upon by society: AIR 1963 All 527: AIR 1966 Punjab 393:

Moral turpitude has not been defined anywhere.But simply put, any act that is contrary to jusice,honesty,modesty or good morals.

1 Like

Arvind Singh Chauhan (advocate)     13 December 2009

Sir,

       Nice to see you after so many days. "Moral Tupitude" is defined in our state Uttarakhand, THE UTTARAKHAND POLICE ACT 2007. Sec 2 (k) Provides-" Moral turpitude" means involvement in any crime, which among other thing, either pertains to cheating, forgery, drugs, intoxication, offending the modesty of a woman, or any offence against State as mentioned in Chapter VI of the Indian Penal Code 1860.

     

 

1 Like

N.K.Assumi (Advocate)     13 December 2009

Dear Arvind, but those are already covered by our Laws?


(Guest)

Moral  Turpitude a term  of  frequent occurrence  in statutes, especially those providing that a witness' conviction of a crime  involving  moral turpitude may  be shown   as   tending   to   impeach   his credibility.    In  general,   it   means neither  more nor less than  "turpitude", i.e.   anything done contrary to justice, honesty, modesty, or good morals."

 

Sunil Agarkar (Consultant and Advocate)     15 December 2009

Moral Terpitude is

1 a behaviour contratory to general and established-set principles of right & wrong,

2 behaviour which of vary low in standards and not acceptable / expected in society / culture in general,

3 characterless behaviour,

4 a behaviour that affects the pride, esteem confidence of a culture/ organisation,

5 a behaviour that is unethical.

6 a behaviour against law of land.

Bharatendu Yadav   04 November 2015

Is there any supreme court or high court judgement, accepting the conviction under IPC sec-147/148 as pertaining to moral turpitude ? or any judgement saying conviction under sec 147/148 doesn't fall under moral turpitude ?

A link to the same would be real help.

Regards


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