Court : Punjab and Haryana
Reported in : 1966CriLJ863
..... the next point urged by the learned counsel for the state was that the investigating agency would like to interrogate the accused in the light of the material collected by it after 24th september, 1964, and their failure to do so would hamper the investigation of the case. ..... the learned counsel for the accused stated at the bar that the accused will join investigation of the case on any date at any place convenient to the investigating agency and will stand his interrogation by them without demur. ..... in my opinion, if the investigating agency had considered this incident of any significance it would have moved the court concerned at the proper time for arrest of the accused, their omission to do so speaks for itself and the alleged incident cannot be seriously ..... it may be that his interrogation on the above facts will help the investigating agency but it is difficult to understand as to why the accused should be refused bail on that account, there is nothing on the record to suggest that the accused at any stage refused to join investigation of the case or in any way avoided his interrogation by the investigating agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]150CompCas834(P& H)
..... the bulk of the case law on this subject had always been on the degree of burden of proof that is cast on the prosecuting agency and when the burden could be said to be discharged, what would amount to be reasonable excuse for non-submission that could be a ground for immunity, to what extent do special legislation empowering the appointment of directors by nomination enjoy ..... since it is a criminal process that is issued under section 454(5a), as is wont in every criminal prosecution, the initial burden shall always be on the prosecuting agency that the director who is bound to prepare the statement of affairs has failed to do without reasonable excuse. ..... , in re [1974] 44 comp cas 499, answered the reference to the expression of reasonable excuse and the extent of burden that was cast on the prosecuting agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H16
..... 'this agency, according to this letter, would not affect the industry or the prosperity of the people because the industry already exists and the only difference would be in the share-holders to whom the profits are to go. ..... the cause of national advancement may tend to make our wellare democracy under the rule of law lose its moral appeal and attraction to the common man as an effective instrument of social justice and as an impartial service agency. ..... state, it may be remembered, is not an individual, it functions through human agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ4722; (1998)120PLR710
..... handa, has submitted that the agency is already overburdened and, thus, the court may consider the desirability of the case being investigated by the state police itself. 6. ..... it, thus, appears that the petitioner as well as the state bank of india are jointly requesting the court to transfer the investigation of the case to an impartial agency. ..... in this situation, it appears to be in public interest that the investigation of the case is done by an impartial agency. 7. mr. ..... since public funds are involved, it is in the interest of all concerned that the case is investigated by an impartial agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)146PLR472
..... act, registered at police station dialpura, against the petitioner, was not accepted, and the investigating agency was directed to present the challan in the said case.2. ..... after completion of the investigation, the police/investigating agency is required to submit a report to the magistrate under section 173 cr.p.c. ..... but while rejecting the cancellation report, he has no justification to direct the police or the investigating agency to submit the challan against the accused. ..... itself can take cognizance of the offence, if it prima facie finds the material available on the record against the petitioner, but the court has no jurisdiction while rejecting the cancellation report to direct the prosecuting agency to present challan against the accused. ..... it is well settled that the manner and method of conducing investigation are left entirely with the police/investigating agency. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2000P& H286; (2000)126PLR625
..... of writ in the nature of mandamus directing the respondents to investigate large scale financial and other irregularities being committed by the president of municipal council mandi gobindgarh in connivance with other officers, such as respondents 5 and 6, by an independent agency, like chief vigilance officer, punjab respondent no. ..... prayer of the petitioner, as noted above, is to direct the official respondents to investigate large scale irregularities being committed by the president of municipal council, mandi gobindgarh in connivance with other officials, such as respondents 5 and 6, by an independent agency, like, respondent no. 7. ..... president, in connivance with the officials, is stated to have put the exchequer to a great deal of loss and incovenience to the public and it is for this precise reason that a prayer has been made to hold an enquiry by an independent agency like respondent no. 7.8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H317
..... deputy custodian general, evacuee property, (s) air 1955 punj 177 (fb)), the property remained vested in the land-holders, the statute only ejected an agency already known, to control and administer on behalf of and for the benefit of the village community to meet its common requirements.the reservation of land basically is not for raising income commercially but putting the land so ..... no agency has been created expressly or impliedly by the act and it is an inconceivable agency in the creation of which the principal--even if he suffers from no legal disability of nonage, insanity or the like,--has no voice, and which continues indefinitely, without the former having any power to terminate it. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)154PLR524
..... by the municipal authorities or the operator of a facility for grant of authorisation for setting up waste processing and disposal facility including landfills, which applications have than to be examined after taking into consideration the views of other agencies like the state urban development department, the town and council planning department, air port or air base authority, or the ground water board as the case may be. ..... from the municipal authority or the operator of a facility in form i, for grant of authorization for setting up waste processing and disposal facility including landfills, shall examine the proposal taking into consideration the views of other agencies like the state urban development department, the town and country planning department, air port or air base authority, the ground water board or any such other ..... so also the board has to take the views of the agencies mentioned in sub rule (2) of rule 6 only if the application is filed before the board seeking authorisation for setting up of ' waste processing and disposal facility or landfills'. ..... leaves no manner of doubt that for continued use of landfill sites, it is unnecessary for the municipal authorities to apply to the board or the committee nor is it necessary for the board or the committee to take views of other authorities or agencies mentioned in rule 6 (2) of rules, 2000. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1985]151ITR636(P& H)
..... as already discussed in the earlier paragraphs, the sales of the company increased from year to year even when the selling agency firm was not in existence and, in these circumstances, the expenditure in question was not laid out wholly and exclusively for the purpose of the business of ..... the appeal by coming to the conclusion that there was no evidence on the record to establish that any specific services were rendered by the agency firm in order to justify the payment of commission credited to its accounts by the assessee-company during the relevant accounting periods. ..... fact clearly goes to show that the funds alleged to have been passed over to the sole selling agency firm were not in fact made available to the said firm but were utilised by the assessee-company for ..... the close relationship between the shareholders of the assessee-company and the partners of the selling agency firm is a very material factor in determining the genuineness of the payment of heavy commission to the selling agency firm during these two years, particularly in view of the other facts mentioned here-under: (a) a perusal of the letter of appointment issued in the name of the sole selling agents with effect from april ..... a firm with little experience in the conduct of sales having three lady partners and a male partner with insufficient experience leaves no doubt in our minds that the setting up of the sole selling agency firm was only a device to reduce the incidence of taxation of the assessee-company. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2004CriLJ3817
..... . the direction of re-investigation in such a case would be totally a futile exercise as well as an abuse of the process of law, apart from putting additional burden upon the premier investigating agency of the country, namely, the c.b.i ..... firstly, he argues that after through investigation of the case for a period of more than six years and after recording statements of all the vital witnesses and carrying out scientific investigation, the premier investigating agency of the country, namely, the c.b.i. ..... it was in these circumstances that the investigating agency, namely, the c.b.i. ..... the investigating agency after observing that keeping in view the lack of sufficient evidence, prosecution of the accused was not recommended. ..... 1 dated 30-1-2003 (annexure p-2) submitted by the investigating agency, namely, the c.b.i. ..... dinesh mishra, air 1968 sc 117 : (1968 cri lj 97), their lordships after examining the provisions of chapter xiv of the code of criminal procedure in relation to the scope and power of the investigating agency viz. .....
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