Criminal Procedure Code, 1973, Section 24 - - Public prosecutor - District Govt. counsel - Discharge of - Opportunity of being heard - Held, if petitioner was to be discharged or discontinued from functioning of Additional Distt. Govt. Counsel for some proved misconduct, it was essential to afford him due opportunity by informing him said facts and thereafter, after..........
Criminal Procedure Code, 1973, Section 133 -- Provision of S.133 Cr.P.C. can be invoked to remove public nuisance caused by discharge of effluents and air discharge causing hardship to the general public...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Respondent No.2, at the time of commission of alleged offence was discharging his duties as a public servant - It appears from evidence brought on record that he acted in his official capacity in due discharge of his duties - Held, before issuing the process, sanction should have been taken to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Industrial Disputes Act, 1947, Section 11A -- Misconduct - Confession - Non voluntary confession - Production of witness - Burden of proof - Plea of workman that the Manager and Accountant before whom writing was inked were not examined by the management to prove the writing - The onus to prove that the writing was obtained from the workman was not voluntary, was on the..........
Prevention of Corruption Act, 1988, Section 5(2) -- 'In the discharge of his duty' - Accused forging receipts and summaries and withdrawing amount thereby committing criminal misconduct - Held, ingredients of S.5(2) of the Act fulfilled - Contention of accused that it was not his duty to prepare receipts and refund the amount as such charge u/s 5(2) of the Act was not..........
Prevention of Corruption Act, 1988, Section 5(2) -- 'In the discharge of his duties' - Do not constitute an essential ingredient of the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of burden of proof by accused - Standard of - Held, accused may discharge his burden on the basis of materials already brought on record - It is not necessary for accused to prove his defence beyond reasonable realm of doubt - Standard of proof required on part of an accused and that of..........
Criminal Procedure Code, 1973, Section 245(2) -- Application for discharge - Dismissal - Validity of - Petitioner along with respondents No.3 & 4 entered into the property belonging to complainant which has now been occupied by accused persons without consent - They are not only staying there but are also raising construction with intent thereby to intimidate, insult and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........
