Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... item 2 & 6 of schedule-iv of the said act can only be filed by a recognised union, and if there is no recognised union to appear in the complaint, the said complaint can be filed by an employee himself, as provided in section 21 of the said act. the learned counsel emphatically submitted that section 21 read with section 28 of ..... an elaborate procedure for the recruitment of the employees by constituting the committees and inviting the names from the employment exchange and thereafter the interview and selection was done by the selection committee ..... .15. learned counsel appearing on behalf of the corporation, mr. hegde further submitted that there is no relationship of employer-employee, because these employees were not appointed by following the procedure as laid down in the general standing order 503, which regulates the mode of appointment to the various posts in the corporation. he submitted that the said standing order provides ..... that the corporation has to interview and select the employees by duly constituted committees for the said purpose. since the complainant-employees have not been selected as per above referred procedure, they cannot claim that they are the regular employees and that they are entitled to be absorbed and/or regularised, otherwise it will amount to back-door entry. the corporation .....Tag this Judgment!
Court : Chennai
Reported in : AIR1941Mad576; (1941)1MLJ363
..... . the basis of this revision petition is the assertion that the petitioners are not parties to any suit and that they cannot therefore be prosecuted by means of a complaint under section 476, criminal procedure code. the petitioners rely on the full bench ruling in govinda aiyar v. rex (1918) 36 m.l.j. 448 : i.l.r. 42 mad. 540 ..... party. here one of the offences alleged is an offence under section 193, indian penal code, in connection with a proceeding before the district munsif. such an offence clearly falls under section 195 (1) (b), criminal procedure code and a complaint under section 476 of the criminal procedure code was necessary. the fact that the district munsif has also complained that the facts establish offences ..... complaint, in his executive capacity of the offences of theft, etc., instead of including them in his complaint under section 476, criminal procedure code. but the accused have not been damnified, more especially as there ..... under other sections to which section 476, criminal procedure code, has no application, is not a ground for cancelling the complaint which was valid and necessary so far as the offence under section 193, indian penal code, was concerned. certainly it would have been better had the district munsif filed a separate .....Tag this Judgment!
Court : Kolkata
Reported in : (1900)ILR27Cal452
..... district magistrate, we think that the subordination contemplated by section 195 of the code of criminal procedure is not such subordination. that subordination contemplates some superior officer of police. nor would the report be regarded as a complaint, because the definition of 'complaint' excludes the report of a police officer. no proper sanction was therefore obtained. but although section 195 ..... telegram to be false and to constitute an offence within the terms of section 182 of the penal code. the district magistrate on this sanctioned the prosecution of the petitioner, who admittedly gave that information. under section 195 of the code of criminal procedure, the sanction or complaint of the public servant concerned or of some public servant to whom he is subordinate was necessary ..... before proceeding under section 182 of the penal code could be taken. now, although police officers in a district are generally subordinate to the .....Tag this Judgment!
Court : Delhi
Reported in : I(2008)DMC826; 2008(103)DRJ282
..... the police. in other words even if the learned mm declines, for any reason, the prayer under section 156(3) he will nevertheless have to deal with the complaint under section 200 crpc in accordance with law, in the manner explained hereinabove.20. in that view of the matter, the order dated 3rd august 2007 passed by the learned mm is hereby ..... in h.s. bains v. state (union territory of chandigarh) : 1980crilj1308 it was open to the learned magistrate to reject the closure report and proceed with the complaint in terms of section 200 crpc i.e. by recording the statement of complainant and taking further steps thereafter in accordance with law. 3. ms. gupta, learned senior standing counsel appearing on behalf of ..... chand jain v. state of madhya pradsh : 2001crilj954 . she submits that even before taking cognizance of the offence, the magistrate can direct registration of the fir under section 156(3) crpc and investigation by the police into the allegations. 10. it is clear that none of the judgments cited by the counsel on either side deals with the situation faced in ..... differences. the offences under section 498a and 406 ipc being cognizable and non-bailable, the process of anticipatory bail, arrest, regular bail, filing of charge sheet, if any, have to follow the registration of an fir. the reference of the complaint to the caw cell has the effect of postponing the activation of the criminal justice process by facilitating dialogue between the parties .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1992(0)MPLJ15
..... 2-1-1978, harishankar, defendant, made an application to the court for prosecuting the plaintiff khyalichandra and geburam, by filing a complaint under clause (b) of sub-section (1) of section 340 of the code of criminal procedure, 1973 (for short, the 'code of 1973'). this application was registered as miscellaneous judicial case no. 1/1978.3. after holding a preliminary inquiry, the court passed ..... an order for making a complaint in writing for their prosecution under sections 193, 196, 468 and 471, indian penal code, in the court of a competent jurisdiction ..... . against this order, khyalichandra filed a criminal appeal no .....Tag this Judgment!
Court : Karnataka
Reported in : 1971CriLJ1474
..... -3-1969. the t remaining accused was not traced and: non-bailable warrant was issued. ultimately on .23-8-1969 the learned magistrate proceeded to dismiss the complaint under section 259 of the criminal procedure code on the ground that the complainant was absent on that date.the records go to show that as against that order, the petitioner complainant preferred to a revision ..... also a party in the revision petition filed by the petitioner-complainant in the court of session. while challenging the order of dismissal of the complaint passed by the learned magistrate under section 259 of the criminal procedure code, and he contested that revision petition. it is as late as 22-9-1979 that this objection was raised by respondent 1.8. in view ..... 17-11-1966 in the court of the city magistrate, bangalore, against three persons alleging an offence punishable under section 420 of the indian penal code. her complaint was that the said three ac cused persons, of whom the present respondent-1 was not one, dishonestly and fraudulently secured her l. t.m. to a document which ultimately ..... injuries. the police after investigation challaned only three out of those six persons for having committed offences punishable under sections 325, 324 read with section 34 of the indian penal code. when the prosecution witnesses were examined before the magistrate, the evidence disclosed the complicity of the remaining persons and the learned magistrate at that stage issued process against the said .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1958All703; 1958CriLJ1257
..... by the police in this matter and that the police reported on the 16th of february, 1952 that the court could make a complaint against ram das under section 195 (1) (c) of the criminal procedure code. it may be mentioned that on the 1st of february, 1952 the-police during the investigation arrested ram das. he was allowed ..... reasons to suspect the genuineness of this sira bahi and they are on account of the statement of parduman das or his agent ram shanker lal in the criminal case that the sira bahi used to be destroyed at the end of the year when the entries had been taken over to proper bahis. it was ..... high court the appeal lies to the high court in certain circumstances. we are, therefore, of opinion that in view of the provisions of section 411-a, criminal p. c., appeals against appealable sentences by the high court lie to the high court and that an appeal under section 476-b against an order ofthis court ..... behalf of the state that the appeal is not competent as no appeal lies against the order of a single judge of this court in the exercise of criminal jurisdiction and that therefore the court of a single judge of this court cannot be said to be subordinate to a division bench of this court within ..... a retrial was ordered. on re-trial ram das was again acquitted.3. on the 22nd of may, 1951, a few days after the filing of the criminal revision, parduman das instituted original suit no. 289 of 1951 against ram das in the court of the munsif of banaras for the recovery of rs. 2,449 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)220; 2001(1)ALT(Cri)219; JT2001(1)SC150; 2000(8)SCALE432; (2001)2SCC17
..... order dated 10th november, 1999 by which, in an application under section 482 of the crpc, a criminal complaint has been quashed on the ground that the complaint spelled out civil wrong and continuance of the criminal prosecution would be an abuse of process of the court.3. the complaint was that respondents 2 to 10 had fraudulently got the father of the complainant to execute ..... , 420, 467 and 120b of the indian penal code.5. respondents 2 to 10 then filed a petition under section 482 of the crpc for quashing the complaint. by the impugned order the complaint has been quashed on the ground, as set out above, that the complaint spelled out a civil wrong and, therefore continuance of the criminal prosecution would be an abuse of process of ..... . mr. sinha submitted that the impugned order was unsustainable. he submitted that facts make out a civil wrong as well as a criminal liability. he submitted that merely because civil action can be taken does not mean that a criminal complaint is not maintainable. in support of his submission he relied upon the case of trisuns chemical industry v. rajesh agarwal and ors ..... a gift deed. on the basis of this complaint the magistrate held an enquiry under section 202 the crpc and dismissed the complaint under section 203 of the crpc. as against the .....Tag this Judgment!
Court : Mumbai
Reported in : 1990(2)BomCR504; (1990)92BOMLR196; 1990CriLJ2106
..... that the sanction is refused and would seek appropriate relief.on receipt of this letter, the state government instituted the present proceedings under section 482 of the code of criminal procedure for quashing the two complaints filed by respondents nos. 1 and 2 in the court of additional chief metropolitan magistrate, mazgaon, bombay.7. shri advocate general, appearing on behalf of ..... in the present case, it is undoubtedly true as contended by shri bhat that respondents nos. 1 and 2 have statutory right to lodge prime prosecution under the code of criminal procedure and the magistrate is duty bound to entertain the complaints and proceed with the trial, as soon as the ingredients of the offence are clearly set out in the ..... list of witnesses furnished by respondent no. 1 while lodging the complaint. the additional chief metropolitan magistrate entertained the complaint filed by respondent no. 2 also and issued process.on november 12, 1988, respondent no. 1 addressed letter to state government seeking sanction under section 196 of the code of criminal procedure to prosecute respondent no. 3 for offences punishable under sections 153 ..... the offence are clearly set out in the complaint, it is not permissible to stifle the prosecution on imaginary grounds of maintenance of public order or tranquillity. shri bhat did not dispute that it is permissible for the state government to approach this court under s. 482 of the code of criminal procedure even though the state is not party to .....Tag this Judgment!
Court : Sikkim
Reported in : 1983CriLJ1909
..... constitution, which embodies the principle nemo bis vexari and prohibits prosecution and punishment of a person for the same offence more than once, because when a complaint is dismissed under section 203 of the code of criminal procedure before the issuance of any process, none is prosecuted or punished thereby. in fact there is a myriad of precedents for the view that the dismissal ..... possible for me to intervene in the exercise of revisional jurisdiction in this case and the revisional application will have to be dismissed.2. a dismissal of a complaint under section 203, code of criminal procedure does not bar a fresh complaint. no judicial authority is necessary for this proposition as the statutory authority therefor is provided in the explanation to section 403 of the ..... has been dismissed, can no longer be of any avail and a new one has got to be lodged because the code of criminal procedure, which defines a 'complaint' in section 4 (h), does not require a petition in writing and all that should be necessary is a fresh cognizance only, and not that the complainant has got to ..... it fit to postpone issue of process and to inquire into the case himself under section 202 of the code of criminal procedure and, after taking about 16 months to make such inquiry, ultimately dismissed the complaint on 25-3-1981 under section 203 of the code, finding no sufficient materials to proceed further on an application filed by the complainant praying for revival of .....Tag this Judgment!