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Documents citing State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991

District: Noida Through Its Authorised ... vs State Of Jharkhand Through The Chief ... on 11 May, 2020

This Court after hearing learned counsel for the parties on the issue is in agreement with the submission made on behalf of the learned counsel for the respondent on the ground that mala fide can only be alleged against the person and in order to prove the mala fide against the person requirement of law is to implead such person as party to the proceeding so that the allegation of mala fide can be proved by providing an opportunity to the concerned against whom allegation of mala fide has been leveled as has been held by Hon'ble Apex Court in the case of State of Bihar and Anr. vs. P. P. Sharma, IAS and Anr. (supra). But this Court, after going across the pleading of the writ petitions, has not found any such statement and as such according to the considered view of this Court in absence of such pleading and non-impleadment of functionary party to the proceeding leveling allegation of mala fide, the ground as has been agitated, has got no substance. Accordingly, this issue is also being answered against the petitioners.
Jharkhand High Court Cites 35 - Cited by 0 - S N Prasad - Full Document

Sh. B.S. Thind And Etc. vs State Of H.P. And Anr. on 6 April, 1992

22. There is another aspect of the case on which the Chief Judicial Magistrate has opined that it will be only after evidence is adduced by both the parties whereby the complainant respondent proves his case and the petitioners establish their defence and also that they have acted in discharge of their official duty that question of sanction can be determined. For taking this view, he has referred to a Supreme Court judgment in State of Bihar v. Shri P.P. Sharma, (1991) 2 JT 147 : AIR 1991 SC 1260 : 1991 Cri LJ 1438. In para 68 of this judgment, K. Ramaswamy, J., has observed :--
Himachal Pradesh High Court Cites 29 - Cited by 1 - Full Document

Rbi Marketing (Netherlands) B.V & Anr ... vs State & Ors on 22 November, 2012

Dhanalakshmi v. R. Prasanna Kumar MANU/SC/0159/1989 : 1990CriLJ320, State of Bihar v. P.P. Sharma MANU/SC/0080/1996, Rupan Deol Bajaj v. Kanwar Pal Singh Gill MANU/SC/0080/1996 : 1996CriLJ381, State of Kerala v. O.C. Kuttan MANU/SC/0119/1999 : 1999CriLJ1623, State of U.P. v. O.P. Sharma MANU/SC/0778/1996 : 1996CriLJ1878, Rashmi Kumar v. Mahesh Kumar Bhada MANU/SC/1052/1997 : (1997)2SCC397, Satvinder Kaur v. State (Govt. of NCT of Delhi) AIR 1996 SC 2983 and Rajesh Bajaj v. State NCT of Delhi MANU/SC/0155/1999 : 1999CriLJ1833."
Delhi High Court Cites 35 - Cited by 0 - A K Pathak - Full Document

Dr. Ruplata Patel vs The State Of Madhya Pradesh on 20 September, 2024

28. At this stage, we may also notice that the principle stated by this Court in Madhavrao Jiwajirao Scindia was reconsidered and explained in two subsequent judgments of this Court in State of Bihar v. P.P. Sharma and M.N. Damani v. S.K. Sinha. In the subsequent judgment, the Court held that, that judgment did not declare a law of universal application and what was the principle relating to disputes involving cases of a predominantly civil nature with or without criminal intent."
Madhya Pradesh High Court Cites 37 - Cited by 0 - D K Paliwal - Full Document

Amit Kapoor vs Ramesh Chander & Anr on 13 September, 2012

20. These are the principles which individually and preferably cumulatively (one or more) be taken into consideration as precepts to exercise of extraordinary and wide plenitude and jurisdiction under Section 482 of the Code by the High Court. Where the factual foundation for an offence has been laid down, the courts should be reluctant and should not hasten to quash the proceedings even on the premise that one or two ingredients have not been stated or do not appear to be satisfied if there is substantial compliance to the requirements of the offence. At this stage, we may also notice that the principle stated by this Court in the case of Madhavrao Jiwaji Rao Scindia (supra) was reconsidered and explained in two subsequent judgments of this Court in the cases of State of Bihar & Anr. v. Shri P.P. Sharma & Anr. [AIR 1991 SC 1260] and M.N. Damani v. S.K. Sinha & Ors. [AIR 2001 SC 2037]. In the subsequent judgment, the Court held that, that judgment did not declare a law of universal application and what was the principle relating to disputes involving cases of a predominantly civil nature with or without criminal intent.
Supreme Court of India Cites 43 - Cited by 1303 - S Kumar - Full Document

Ramswaroop Choubey vs The State Of Madhya Pradesh on 6 May, 2024

In State of Bihar v. P.P. Sharma this Court has laid down that the person against whom mala fides or bias is imputed should be impleaded as a party-respondent to the proceeding and be given an opportunity to meet the allegations. In his absence no enquiry into the allegations should be made, for such an enquiry would tantamount to violative of the principles of natural justice as it amounts to condemning a person without affording an opportunity of hearing.
Madhya Pradesh High Court Cites 51 - Cited by 0 - G S Ahluwalia - Full Document

Sri Prabhu Shankar vs State Of Karnataka on 8 September, 2021

DIRECTORATE OF ENFORCEMENT reported in (2019) 9 SCC 24 and brought to the notice of this Court paragraph Nos.64 to 66 wherein the Apex Court relied upon the judgment of State of Bihar v. P.P. Sharma in paragraph No.64 and in paragraph No.66 held that it is not the function of the Court to monitor the investigation process so long as the investigation does not violate any provision of law. It must be left to the discretion of the investigating agency to decide the course of investigation. If the Court is to interfere in each and every stage of the investigation and the interrogation of the accused, it would affect the normal course of investigation.
Karnataka High Court Cites 43 - Cited by 0 - H P Sandesh - Full Document
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