Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Directions for CBI enquiry should not be ordered by High Courts or Supreme Court in a routine manner - Exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously and only in exceptional situations...........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528) - Agreement to sell - Enquiry already held by police that no cognizable offence is made out - Another notice issued by police calling upon to join enquiry in another complaint with similar allegations - Dispute purely of civil nature and an enquiry has already been held -..........
Evidence Act, 1872, Section 63(2), (3), 65(c) -- Secondary evidence - Xerox copy of original cheque - Trial Court itself received original cheque, verified the same and returned to petitioner on the same date, on retaining xerox copy of same - Trial Court thus, only after due enquiry, satisfaction and comparison had returned the original cheque to petitioner after..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
Service -- Misconduct - Disciplinary proceedings - When a Disciplinary Enquiry against a delinquent for alleged misconduct is initiated and in said Disciplinary Enquiry, he is found guilty and subsequently punished Court before which a challenge is made by delinquent is required to examine and determine following aspects: (i) Whether enquiry was held by competent..........
Service -- Misconduct - Compulsory retirement - Respondent was beneficiary of misconduct/irregular loan sanction - Enquiry Officer as well as Disciplinary Authority had taken into consideration the evidence available on record and had come to conclusion that respondent was found guilty of charges levelled against him - Appellate Authority had also revisited the evidence..........
Service -- Dismissal - Respondent had served only for a brief period of less than 7 years as a Constable and therefore, it cannot be said that he served for a long period in department - Reference to fact of forfeiture of 17 years of service of respondent as a result of his absence from service on previous occasions was in exclusion or independent of misconduct for which..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Prevention of Corruption Act, 1988, Section 17A -- Prior Approval - Approval of the competent authority is a mandatory requirement to hold an enquiry, inquiry or investigation into an alleged administrative or official act of a public servant...........
Prevention of Corruption Act, 1988, Section 17A -- Prior Approval - When there is ambiguity regarding whether a public servant actions or omissions are connected to their official duties, such matters can be subject to investigation or trial - However, if it is clear from the facts and circumstances that led to the initiation of an enquiry, inquiry, or investigation, or if..........
