Search Results Page

Search Results

1 - 10 of 450 (3.23 seconds)
Documents citing Radheshyam Kejriwal vs State Of West Bengal & Anr on 18 February, 2011

Sri. Kotresh. H vs The State Of Karnataka on 6 October, 2023

26. For all of the aforementioned reasons, in the facts and circumstances of the present case where on the same charges on which the Petitioner is facing criminal trial he has been honourably exonerated in the departmental proceedings, the Court adopts the reasoning of the decisions in Radheyshyam Kejriwal v. State of West Bengal (supra) and Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI (supra) and sets aside the impugned order dated 15th January 2009, passed by the Sub-Divisional Judicial Magistrate(s) Cuttack in G.R. Case No. 1057 of 2007."
Karnataka High Court Cites 27 - Cited by 0 - M Nagaprasanna - Full Document

Jagdish Singh @ Jagdish Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 4 October, 2024

In B.N. Kashyap [AIR 1945 Lah 23] the Full Bench had not considered the effect of a finding of fact in a civil case over the criminal cases and that will be evident from the following passage of the said judgment: (AIR p. 27) I must, however, say that in answering the question, I have only referred to civil cases where the actions are in personam and not those where the proceedings or actions are in rem. Whether a finding of fact arrived at in such proceedings or actions would be relevant in criminal cases, it is unnecessary for me to decide in this case. When that question arises for determination, the provisions of Section 41 of the Evidence Act, will have to be carefully examined.
Allahabad High Court Cites 26 - Cited by 0 - S Lavania - Full Document

Dr. Minaketan Pani vs State Of Orissa .... Opposite Party on 20 May, 2022

26. For all of the aforementioned reasons, in the facts and circumstances of the present case where on the same charges on which the Petitioner is facing criminal trial he has been honourably exonerated in the departmental proceedings, the Court adopts the reasoning of the decisions in Radheyshyam Kejriwal v. State of West Bengal (supra) and Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI (supra) and sets aside the impugned order dated 15th January 2009, passed by the Sub- Divisional Judicial Magistrate (S) Cuttack in G.R. Case No.1057 of 2007.
Orissa High Court Cites 21 - Cited by 2 - Full Document

Jai Ram Lal Verma vs State Of U.P. Thru. C.B.I., A.C.B., Lko. on 5 December, 2022

The Supreme Court relying on Radheyshyam Kejriwal Vs. State of West Bengal and another6 (for short ''Radheyshyam Kejriwal case), set aside the judgment of the High Court and Special Judge and discharged the appellant from the offence under the Penal Code. The facts, therein, was that the employer SIDBI did not consider it a fit case, consequently, declined permission to prosecute the appellant. The Chief Vigilance Commission (CVC) after having gone through the arguments put forth by the CBI and SIDBI during the course of joint meeting was of the opinion that the appellant may have been negligent without any criminal culpability.
Allahabad High Court Cites 28 - Cited by 0 - D K Singh - Full Document

Mr. Hampanna S/O Yamanappa Lamani vs State Of Karnataka on 18 May, 2023

13. It finally concluded: (Radheshyam Kejriwal case [Radheshyam Kejriwal v. State of W.B., (2011) 3 SCC 581 : (2011) 2 SCC (Cri) 721] , SCC p. 598, para 39) "39. In our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceedings is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court."
Karnataka High Court Cites 18 - Cited by 0 - M Nagaprasanna - Full Document

Mr. Hampanna S/O. Yamanappa Lamani vs State Of Karnataka on 18 May, 2023

13. It finally concluded: (Radheshyam Kejriwal case [Radheshyam Kejriwal v. State of W.B., (2011) 3 SCC 581 : (2011) 2 SCC (Cri) 721] , SCC p. 598, para 39) "39. In our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceedings is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court."
Karnataka High Court Cites 18 - Cited by 0 - M Nagaprasanna - Full Document

Mr. Hampanna S/O. Yamanappa Lamani vs State Of Karnataka on 18 May, 2023

13. It finally concluded: (Radheshyam Kejriwal case [Radheshyam Kejriwal v. State of W.B., (2011) 3 SCC 581 : (2011) 2 SCC (Cri) 721] , SCC p. 598, para 39) "39. In our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceedings is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court."
Karnataka High Court Cites 18 - Cited by 0 - M Nagaprasanna - Full Document

Smt B H Bharathi vs Karnataka Lokayuktha Police on 30 January, 2026

4. Disciplinary proceedings were initiated and so was criminal prosecution launched, the former by the department itself and the latter by the Lokayukta who is the appellant herein. On the claim that the departmental proceedings ended in exoneration, the delinquent employee approached the High Court, for quashing the criminal proceedings. The High Court by the impugned judgment relied on Radheshyam Kejriwal v. State of W.B., a three-Judge Bench decision to hold that if there is an exoneration on merits where the allegation is found to be not sustainable at all and the person held innocent, then criminal proceedings on the same set of facts and circumstances cannot be allowed to continue especially based on the principle of higher standard of proof in criminal cases.
Karnataka High Court Cites 17 - Cited by 0 - M Nagaprasanna - Full Document
1   2 3 4 5 6 7 8 9 10 Next