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..........
Criminal Procedure Code, 1973, Section 380, Probation of Offenders Act, 1958, Section 4 -- Murder - Release on probation - Benefit of - Appellant was a student - He was working as a waiter and earning money so that he could complete his education - He comes from a poor family - His father is dead - His mother is working as a domestic servant - Deceased had removed him from..........
Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4(1) -- Conviction u/s 324 IPC - Accused sentenced to 2 years RI - Protracted trial for more than 14 years - Accused released on probation subject to payment of compensation of Rs.10, 000/- to the complainant...........
Indian Penal Code, 1860, Section 325, 324, 323, Probation of Offenders Act, 1958, Section 3, 4 -- Occurrence relates to the year 1994 - No useful purpose would be served by sending them in custody after such a long period - They have faced a protracted trial of 14 years - Accused released on probation...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Release on probation - Plea that accused is married and has minor children and in case he is sent to jail, family members will suffer - Held, considering the nature of offence and security of woman in street, it is not a fit case, wherein benefit of Probation..........
