Judgments - PC Act
M.L. Mittal Versus State of Madhya Pradesh & another
Law laid down - Mere pendency of an appeal against the acquittal order of an employee does not confer any right upon the respondent/employer to withhold the retiral dues of the employee. Full Judgment
The State of Jammu & Kashmir and others Versus Dr. Saleem Ur Rehman
Birendra Kumar Vs. The State Of Bihar and Ors.
Arun Kumar Dey v/s The State of Madhya Pradesh through Special Police Establishment
Law laid down - 1. Section 311 of the Cr.P.C – The Section is in two parts. In the first part, the word “may” is employed whereas second part uses “shall”. Thus, first part gives pure discretion to the criminal court whereas second part makes it mandatory to summon the witness. Second part of Section 311 of the Cr.P.C - The litmus test to exercise power under the second part aforesaid is whether it is essential to the just decision of a Full Judgment
Central Bureau of Investigation (CBI) and Anr. Versus Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr.
Dhirendra Kumar Dubey Vs. The State of M.P. & Others
Rajendra Kumar Gautam Vs. State of MP
Law laid down - 1. Departmental inquiry and FIR/Criminal case based on same facts/incident – In every case, it cannot be said as a rule of thumb that exoneration in departmental enquiry on merits must result into setting aside of FIR. If it is found on merits that there is no contravention of the provision of the Act in the departmental inquiry, the continuance of trial of person concerned can be treated as an abuse of the process of the Court. 2. Full Judgment
RAKESH KUMAR VERSUS STATE OF UTTAR PRADESH & ORS.
Sabit Khan Vs. State of M.P. and others
Law laid down - 1. Section 19 of the PC Act requires previous sanction for prosecution. Sub section (3) thereof puts a rider that absence of or any error, irregularities etc. in sanction will not be a ground to reverse a finding or sentence unless in the opinion of the Court failure of justice has infact occasioned thereby. Sub section (4) thereof relates to raising an objection in this regard at an early stage in the proceedings. 2. The Act of granting Full Judgment
Dr. Pawan Tamrakar and another vs. M.P. Special Police Establishment & others
Law laid down - 1. Law relating to clubbing of FIRs - There can be no straightjacket formula for consolidating or clubbing the FIR and Courts are required to examine the facts of each case. A second FIR in respect of same offence or different offences committed in the course of same transaction is not permissible. The second FIR on the basis of receipt of information in respect of same cognizable offence or the same occurrence or incident giving rise one Full Judgment