The Lawyer In Chandigarh Diaries
" This suit coming on this day for final disposal it is ordered and decreed that the suit be and the same is hereby decreed on compromise as against defendant No. But we do not think that in this case the execution is to be defeated on this ground. The object of the provision for sanctions is that the authority giving the sanction should be able to consider for itself tile evidence before it comes to a conclusion that the prosecution in the circumstances be sanctioned or forbidden. We understand that the actual decree in this case merely showing that "the solenama do form part of the decree " is according to the usual practice of courts in Bengal in all such cases and that it is generally understood to amount to such a direction though it is not so expressly set out.
After committal they were tried for commission of offences under sections 454/376(G)/302/34 IPC. months wages including D. Williams on Executors and Administrators(13th Ed. The said application was not taken up for hearing. (2) When an order under sub-section (1) has been published, the provisions of this Act relating to house-tax shall apply as if the gram panchayat had, on the date of publication of such order, by resolution determined to levy the tax at the rate and with effect from the date specified in the order, and as if no other resolution of the gram panchayat under Section 60 determining the rate at which and the date from which the house-tax shall be levied, had taken effect.
is filed by the Public Prosecutor, he has the sole responsibility and the law casts an obligation that he should be satisfied on the basis of materials on record keeping in view certain legal parameters. We need not advert to the width of liberty granted to the accused persons by the writ court. The trial court convicted the accused/respondent Ramen for commission of offence under sections 454/376/302 IPC, and sentenced him to 1 year, 10 years and life imprisonment respectively and a fine of Rs.
The heart of the matter is whether the approach by the learned single Judge in passing the impugned order is legally correct. Aggrieved thereby State has come up in appeal. There is no indication in the judgment either of the Subordinate Judge or of the High Court that any such point has been raised before them. At this juncture, the authority decided regard being had to the fact situation that the Assistant Public Prosecutor should withdraw the application and not press the same.
The appeal succeeds in part, but as it is stated that " unpaid accumulations " form by far the most substantial portion of the claim, we direct the respondents to pay half the costs of the appellant here and in the Court below. The prosecution examined 11 witnesses. In reply to that claim, the appellant said: The bonus should be paid to all the employees including daily wage, temporary and semi-permanent workmen.
Even after merger the municipality is treating it as a commercial concern and the concern is fielding huge profits to the municipality too. " It is true that a formal direction in terms of the various clauses of the compromise petition directing the plaintiffs to pay the monthly allowance of Rs. That the solenama do form part of this decree. There can be no cavil over the proposition that when an application of withdrawal from the prosecution under Section 321 Cr.
The accused persons abjured the guilt and contended that they had been falsely implicated in the case. We do not consider it necessary to express opinion as to whether that is a correct practice. The filing of application not to press the application cannot be compared with any kind of review of an order passed by the court. The learned Magistrate had not passed any order granting consent for withdrawal, as he could not have without hearing the Assistant Public Prosecutor.
How, such a matter, as the one before us, is treated in English law when it arises, appears from the following passages in the recognised Advocates (websites) textbooks. We accordingly overrule this objection. But there can be no doubt that this was what was meant to be conveyed by the above mentioned formal order in so far as it is relevant for Advocates (websites) the present purposes. Aggrieved thereby, accused Ramen preferred appeal before the High Court and the same has been partly allowed. The accused were chargesheeted.
After such a decision had been taken, as the application would show, the Assistant Public Prosecutor has re- appreciated the facts, applied his mind to the totality of Advocates (websites) facts and filed the application for not Advocates (visit here) pressing the application preferred earlier under Section 321 Cr. It is submitted that all workers of the electric department should be paid bonus equivalent to three. The workers are entitled to bonus both as share in profits and also so the alternative claim of the respondents on the footing that bonus was deferred wage had no real basis, and their 40 claim of bonus as share in profits was the only claim which merited consideration.
The sanction under the Act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction should be observed with complete strictness; Basque Agarwala v. 3,000; in default of payment of fine to undergo simple imprisonment for 1 month. The Public Prosecutor having been satisfied, as the application would show, had filed the application. 475 83 to the first defendant has not, in terms, been drawn up.