Refused Promotion for Pending Criminal Case: Writ Remedy?

2023 0 Supreme(Ker) 216

ORDER : The deposition given by the petitioner in a case tried by the Sessions Court has landed him as an accused for the offence of perjury. ... In the meantime, the learned Sessions Judge had observed in paragraph 365 of the judgment that, petitioner herein had given false evidence and initiated action under section 344 Cr.P.C, by registering a case as M.C. No.8 of 2002 in S.C. ... This criminal miscellaneous c....

In such a case the trial Judge at whose direction the charge was initiated occupies a position different from that of a Judge of Assize trying an indictment or an information presented by the Attorney-General. ... S. 80 of the Evidence Ordinance also has no application to the facts of this case. The authorities show that a defective deposition of this kind cannot be utilised in order to convict a person of perjury. It....

2023 0 Supreme(Cal) 468

or committing perjury. ... Raghib Hasnain for committing perjury. 6. Mr. Mitra submits that Mr. Raghib Hasnain by affirming a false affidavit in the present case has committed an offence punishable under Sections 193/200/207 and 209 of the Indian Penal Code. ... Radhey Shyam, this Court held as under: “The prosecution for perjury should be sanctioned by courts only in those cases where the perjury appea....

* Observations by Lawrie, ,T., on the inexpediency of the change in the law as to punishment for perjury effected by Ordinance No. 9 of 1895. THE facts of the case sufficiently appear in the judgment of BONSER, C.J. Van Langenbtrg, for appellant. ... The judgments are severe: death, ten years, and seven years, No jurisdiction given to the Police Courts to try perjury. It is contended that by "The Oaths Ordinance, 1895," the law as....

2025 Supreme(Online)(Ori) 5516

Case No.100(A) of 2023. ... In fact, according to the Court, Section 340 Cr.P.C requires mens rea which deals with an action for perjury and contempt related to false evidence initiated when the Court believes that it is expedient in the interest of justice to prosecute a person for intentionally giving false evidence or fabricating ... A stand or defence in the lines of the plea of an accused alleged to be false by the informant even lead....

2023 Supreme(US)(ca5) 223

No. 21-30501 for Scott’s perjury with respect to Peralta’s case, as well as for his leadership role and abuse of public trust. ... And even though the Government believed it had other evidence implicating Peralta in heroin trafficking, it moved to dismiss the charges because Scott’s perjury had irreparably contaminated the case. ... See, e.g., Bova, 350 F.3d at 230....

the witness has committed perjury in the District Court. ... The only case in which he can make the order is if he is satisfied that the witness has committed perjury before him; and the mere fact that a statement made before the District Judge does not accord and is even altogether inconsistent with a statement made by him in a Police Court is no evidence that ... In this case there was even less ground for making th....

At the same time we must now consider these decisions in the light of the judgment of the Privy Council in the case of Chang Hang Kui v. Piggott. ... In view of the case of Chang Hang Kui v. Piggott,1 I am not prepared to accede to Mr. Samarawickreme's second point in support of these appeals. ... His contention was that there was nothing on the face of the record here which shows that the statements, alleged by the District Judge to amount to #HL_START....

There must be a glaring case of perjury.In Duraya v. ... The learned Trial Judge has erred in law in neglecting the need for a glaring case of perjury to proceed under section 449(1) of the Code of Criminal Procedure Act. ... to the bribery case." ... case heard before the High Court. ... In this case, the High Court judge disbelieved the evidence of the appellant.....

It was held by the Supreme Court in the case of King v. Sirimana 2[7 C. L. R. 7.] that an accused should not be convicted of perjury on the uncorroborated evidence of a prosecutor. ... It is unsafe to convict on a charge of perjury on the evidence of witnesses of the character and standing of Karunaratne and Rajaratnam, in the absence of other corroborative material. As Jenkins C.J. stated in the case of Emperor v. Til....

2021 0 Supreme(Sikk) 54

However, during the pendency of the case, the defendant no. 2, engaged another counsel resulting in the differences between the plaintiff and the defendant no. He further pleaded that the defendants had decided that on settlement of the case, the legal fees would be paid.

2017 0 Supreme(Bom) 285

A public servant cannot as of right, therefore, demand these dues as he has rendered no service nor has he performed any work. In fact, such proceedings can also be initiated during the pendency of the criminal case. Therefore, on conclusion of the criminal case and the same resulting in the employee's acquittal, he may be reinstated in service, but that does not mean that he would be entitled to payment of wages and salary for the time he did not work. Any conduct which is u....

2017 0 Supreme(Bom) 631

Any conduct which is unbecoming of a public servant and brings his image and reputation together with that of the organisation in disrepute, if committed, then, all the more the avenue of disciplinary proceedings/Departmental Enquiry is open irrespective of the outcome of the criminal proceedings. Therefore, on conclusion of the criminal case and the same resulting in the employee's acquittal, he may be reinstated in service, but there is no obligation to pay the wages and salary. Su....

2009 0 Supreme(Mad) 2510

Such a protection only under Section 32 of Provincial Insolvency In paragraph 13, the learned judge has observed as follows: Act which can be availed only after adjudication and not during pendency of adjudication proceedings. As against this in the case of Nallagatti Goundan Vs Ramana Goundan and others AIR 1925 Mad (170) it has been categorically held that Section 5 of the Provincial Insolvency Act has the powers to grant ad-interim protection to a person who has applied fo....

2008 0 Supreme(Jhk) 1465

The second issue with regard to not even affording any opportunity to the petitioner and the action of the respondent being violative of Article 311 (2) of the Constitution is on the face of it erroneous and unsustainable. I have considered the pleadings, arguments and the rival arguments raised by the parties and I find that the issues raised in these writ petitions is no more res-integra and has been time and again decided. It is well settled law that during the pendency of crimina....