Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of considering an application for discharge, Court must proceed on an assumption that material which has been brought on record by prosecution is true and evaluate said material in order to determine whether facts emerging from material taken at its face value, disclose the existence of ingredients..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Defence of accused is not to be looked into at the stage when accused seeks to be discharged...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13 -- Discharge - Assets disproportionate to known source of income - Purported loans said to have been obtained by accused from his mother, brother and father are all question of fact which require adjudication and this could be done only during trial - At the stage of framing charge..........
Service -- Misconduct - Disciplinary proceedings and criminal proceedings - Acquittal in criminal proceedings does not entitle delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings, as nature of proceedings are wholly separate and distinct...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254 -- Dishonour of cheque - Production of two promissory notes by which accused had taken loan and to discharge the amount he issued the cheques which were dishonoured - Copies of said promissory notes were already provided to accused before trial Court - Order allowing application of..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere threats given by accused not with an intention to cause alarm to complainant, but with a view to deterring them from interfering in discharge of his duties would not constitute an offence of criminal intimidation...........
