Magistrate need not examine the
complainant and the witnesses-
(a) if a public servant acting or- purporting to act in
the discharge of his official ... State, its instrumentality or its
functionaries to compel them to perform their constitutional /
statutory / public duty. To clarify the extracts of decisions of
Apex Court
Magistrate need not examine the
complainant and the witnesses-
(a) if a public servant acting or- purporting to act in
the discharge of his official ... State, its instrumentality or its
functionaries to compel them to perform their constitutional /
statutory / public duty. To clarify the extracts of decisions of
Apex Court
case, (1997 AIR SCW 2577) (supra).
24. The importance of the public undertaking should not be
minimised. The government's concern for the smooth ... that whenever there was
felt need to include other functionaries within the definition
of public servant, they have been declared to be 'public
servants
larger public interest and for public good.
In principle, no exception can be taken to
the use of discretion by the political
functionaries and officers ... discrimination against anyone. In our
constitutional structure, no
functionary of the State or public
authority has an absolute or unfettered
discretion. The very idea
Magistrate need not examine the
complainant and the witnesses-
(a) if a public servant acting or- purporting to act in
the discharge of his official ... State, its instrumentality or its
functionaries to compel them to perform their constitutional /
statutory / public duty. To clarify the extracts of decisions of
Apex Court
Magistrate need not examine the
complainant and the witnesses-
(a) if a public servant acting or- purporting to act in
the discharge of his official ... State, its instrumentality or its
functionaries to compel them to perform their constitutional /
statutory / public duty. To clarify the extracts of decisions of
Apex Court
Magistrate need not examine the
complainant and the witnesses-
(a) if a public servant acting or- purporting to act in
the discharge of his official ... State, its instrumentality or its
functionaries to compel them to perform their constitutional /
statutory / public duty. To clarify the extracts of decisions of
Apex Court
State.
The present petition filed as Public Interest Litigation raises
the singular cause that the functionaries of the Municipal
Corporation, Morena are utilizing the funds ... other purposes. The
petitioner has alleged misutilization of public money on the part of
the functionaries of the Municipal Corporation.
The M.P. Municipal Corporation
present PIL has been filed raising public cause that the State
and its functionaries are lax in implementing the Govt. scheme in
regard to distribution ... taken by the State and its functionaries to check violations of
the provisions of the M.P. Public Distribution System (Control) Order,
2015.
4. Though
second equally relevant matter is
that when a statutory functionary makes an
order based on certain grounds, its validity must
be judged by the reasons ... Bhanji
[AIR 1952 SC 16] (AIR p.18, para 9)
'9. ..... public orders, publicly made, in
exercise of a statutory authority cannot be
construed
