, Section 4 - - Bombay bomb blast case - Release on probation - Contention on behalf of Sanjay Dutt that he had no previous involvement or conviction prior to one in 1992 which ended in acquittal - Held, circumstances and nature of offence are so serious that they do not warrant Sanjay Dutt (A117) the benefit of provisions of Probation of Offenders Act - However, taking..........
Criminal Procedure Code, 1973, Section 360 -- Grant of probation - Conviction u/ss 323 & 506 IPC - Respondent No.2 has faced trial for a long period of twenty-five years - She is now a sixty four years old widow lady who is also suffering from sugar and blood pressure problems - She has been found doing selfless social work by Probation Officer - Held, order granting..........
Service -- Probation - Confirmation - Service after expiry of maximum period of probation - Cannot be taken to be deemed confirmation when rules provide 'if confirmed' - Held, rule envisages affirmative or positive act of employer requiring confirmation order to be passed - Employer can thus terminate services of probationer employee without enquiry...........
Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Grant of compensation to victims - Petitioner and his father remained in hospital for a long period of time and grievous injury suffered by father of petitioner decreased his life expectancy - Held, while maintaining order of ASJ regarding release of respondents No.1 to 3 on probation, they are..........
Service -- Probation - Confirmation - When period of probation is specified, it does not follow that at the end of said specified period of probation there is automatic confirmation even if no order is passed in that behalf - If at the end of period of probation an order of confirmation is not passed it follows that probation period continues...........
Service -- Probation - Confirmation - Unless the terms of appointment clearly indicate that confirmation would automatically follow at the end of specified period or that there is a specific service rule to that effect, the expiration of the probationary period does not necessarily lead to confirmation...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Release of accused on probation - Report of Probation Officer not called - Order cannot be challenged when period of probation already completed...........
Indian Penal Code, 1860, Section 323, 34, Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360 -- Incident occurred on spur of moment and is traverse in nature - Appellants doesn't have any previous conviction - Complainant left village about 11 years back - Complainant as well as appellants are residing peacefully for last 11 years in..........
Industrial Disputes Act, 1947, Section 25F -- Challenge against order of termination of service of petitioner, who was on probation and serving as conductor in Punjab Roadways - Petitioner contended that he obtained information that prior to termination orders, there had been a marking of report of ticket checking staff that he had been guilty of some malpractices and..........
Probationer -- Termination - Impugned order is termination simpliciter r passed during the period of probation of the petitioner, after giving him the salary in lieu of one month's notice period in accordance with the terms and conditions of appointment letter - Since neither the impugned termination order is stigmatic nor punitive and would not entail any..........
