Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision against - When records of a case are called for by High Court not on its own motion but at instance of a party to the proceedings, it is open to High Court to exercise power of suo motu revision...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, 3, 6(2) -- Dishonour of cheque - Conviction - Release of accused on probation - Held, before deciding to release offender u/s 4(1) of the Act, Court is bound to call for report of Probation Officer...........
Probation of Offenders Act, 1958, Section 4, 11(2) -- Release of accused on probation - Revision thereagainst - Maintainability of - Held, a revision at instance of complainant who could have challenged order passed u/s 3 or 4 of the PO Act by way of appeal is not maintainable...........
Probation of Offenders Act, 1958, Section 4(1), 6(2) -- Release of accused on probation - Report of probation officer - Consideration of - Held, consideration of report of probation officer is a condition precedent to release accused u/s 4(1) although court is not bound by such a report...........
Probation of Offenders Act, 1958, Section 4(1) -- Release on probation - Object thereof - Held, it is only in cases where court having regard to the circumstances of case including nature of offence, age, character and antecedents of offender and with object of reforming offender and save him from hardened criminals already detained in prison, considers it expedient to..........
Labour Law -- Issuance of confirmation letter - Cannot be extended to imply that a person can be kept on probation for an indefinite period of time by a Management for ulterior considerations...........
Indian Penal Code, 1860, Section 325, Probation of Offenders Act, 1958, Section 3, 4 -- Hurt - Release on probation - Due to a rash act on part of petitioner `P', an old woman of the age of 70-80 years had lost her life due to beatings given to her by petitioner - Held, she does not deserve any leniency - Both courts below have rightly held that benefit of the provisions..........
Haryana Aided School (Security of Service) Rules, 1974 -- Probationer - Termination - Result of the petitioner was not upto the mark which the Management was expecting of her - The petitioner was on probation when her services were terminated - The Management has in written statement given justifiable reasons for doing so on the basis of record - No illegality or infirmity..........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Probationer - Absence from duty - After joining service on probation for only 3 days the petitioner - workman absented nearly for a month and joined after repeated warnings - Again absented after two months without any leave and failed to join duty despite asking him to join duty - He worked only for 97 days..........
