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...having regard to Section 12 of the Probation of Offenders Act, 1958, the punishment of dismissal from service which would disqualify him from future government service s.... Section 12 of the Probation of Offenders Act, 1958 reads thus:“Notwithstanding anything contained in any other law, a person found guilty of an offence and...appellant has, however, called our attention to the fact that the appellant was released on probation by the learned Magistrate who recorded the order of conviction. It is contended with justification that...
...have heard the learned counsel for the appellant. The only ground on which the decision of the learned Single Judge came to be altered by the Division Bench is based on the interpretation of Section 12 of ...by him. The learned Single Judge came to the conclusion that since the order of imprisonment had been substituted by the order of probation this provision could not be invoked. At the same time, he observed that it would no...substituted by an order passed under Section 12 of the Probation of Offenders Act, 1958, the effect of the conviction is not obliterated altogether and it would be open ...
...Section 10(n) of the Central Reserve Police Force Act but in view of Section 12 of the Probation of Offenders Act, 1958, there was no disquali...High Court observed:“The clear language of Section 12 of the Probation of Offenders Act, 1958 provides that a person dealt with under th...disqualification attaching to the petitioners' conviction under Section 10(n) of the CRPF Act. Section 12 of the Probation of Offenders Act dealing specifically...
...Section 12 of the Probation of the Offenders Act, 1958 by the trial court. The trial court has ...Section 3 of the Probation of Offenders Act, 1958 to himself After hearing both the parties and in the i...the Probation of Offenders Act, 1958 will also be available to petitioner Manmohan as per law...
...service may be affected by his conviction, though the benefit of probation has already been given by the Appellate Court and so it has been prayed on behalf of the accused petitioner that benefit of ...conviction of accused petitioner passed by Special Judge, SC/ST Cases, Udaipur in Criminal Appeal No. 27/96 on 16.5.1997 is hereby upheld and the order of granting benefit of probation to him under ...Section 4 of Probation of Offenders Act, 1958 for a period of two years and he was asked to sub...
...by reason of the provisions of Section 12 of the Probation of Offenders Act, 1958, the operative portion of which reads:“Notwi...sentence and directed that the appellant be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 on his entering a bond for good conduct in the sum ...on probation. This Court added: “As the appellant has been released on probation this may not affect his service career in view of Section 12 of the Probation of ...
...Act No. XX of 1958). After the conviction and release as aforesaid under the provisions was dismissed from the service of the Life Insurance Corporation of India by the order of the Zonal...reason of Section 12 of the Probation of Offenders Act, 1958.
(2) If...appropriately peruse Section 12 of the Probation of Offenders Act, 1958 and regulation 39 ...
...Director Postal Services (supra), the delinquent was released under Section 12 of the Probation of Offenders ..., in Union of India v. Narsingh (supra) the delinquent had been released under Section 12 of the Probation ...Mehtab S. Gill, J.:— Learned counsel for the appellants has stated that the respondent was charged under Section 5(2) of the Prevention of Corruption Act and under...
..., Section 12 of the Probation of Offenders Act, 1958 (hereinafter referred to as the, “...3 or 4 of the said Act, shall not suffer any disqualification attached to the conviction. Section 12 of the Probation...the petitioner herein was dealt under section 3 of the said Act, and the unambiguous words of Section 12 of ...
...learned Additional Sessions Judge Chabra, District Baran. He submits that since benefit of Section 4 of Probation of ..., 323 and 427 IPC and extended the benefit of Section 4(1) of Probation of Offenders Act which was affirmed by the Appellate Court vide judgment dated ...Section 3 or Section 4 of the Probation of Offenders Act shall not suffer disqualification, if any, atta...
...converted into compensation as per provision of Section 5 of the Probation of Offenders Act, 1958 and the same shall be paid to the complainant as compensation. It is further dir...deserves the benefit of Section 4 of Probation of Offenders Act. Therefore, he shall be released on probation of good conduct under Section 4 of the ...
appellant be given the benefit of first offender under Probation of Offenders Act, 1958.
Considering the overall facts and circumsta...
...and release on probation under Section 12 of the Probation of Offenders Act, 1958, the authorities are entitled to consider on the facts in each case whether the appella..., (1990) 12 ATC 914 this Court considered the effect of Section 12 of the Probation of Offenders Act and of the power to remove a public servant and al..., though he was released on probation. After approving the consistent reasoning given by several High Courts as noted in paragraph 11 of the judgment, this Court held that though Section 12 gives a right...
...) Section 12 of the Probation of Offenders Act, 1958, starts with a non-obstante clause and it ...dismissing the petitioners from service especially Section 12 of the Probation of Offenders Act, ...offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification if any, attaching to a conviction of offence under such law...
...that the accused was ordered to be released under Section 4 of Probation of Offenders Act. Section 12 of Probation of Offenders Act, ...the criminal court or if any departmental enquiry was held. If termination was on account of conviction, then, the petitioner may be entitled to the benefit of Probation of Offenders Act. In fact,....
3.The Probation Officer, Collectorate Building,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the...
...case, petitioners conviction was maintained by the appellate Court and even in the revision, this Court has also maintained his conviction by extending the benefit of probation by releasing him on probation and, therefore, ...order of dismissal from service consequent upon a conviction is not a 'disqualification' within the meaning of Section 12 of the Act, 1958, therefore, this Court is of the consid...the benefit of Probation of Offenders Act, 1958 and released him on probation.4. Thereaf...
...laid down in the Probation of Offenders Act. It was also held in this judgment that as the accused was released on ...probation, they will be entitled to the benefit provided under Section 12 of the Probation of Offenders ..., this Court has granted benefit of Section 4 of the Probation of Offenders Act, 1958 and has r...
....
16. It is further submitted that keeping in view the petty nature of the offence and the fact that the appellants were not previous convicts as such, they be granted the benefit of Section 4.... Section 12 of the Probation of Offenders Act, 1958 contains provisions relating to effect of discharge on probation and states...that it shall not be deemed as conviction. Thus the section seeks to remove disqualification attaching to conviction in probation cases.
18. Section 12 of the ...
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...Section 12 of the Probation of Offenders Act, 1958, therefore, the impugned order is not sustainable. He prays that the respondent authority may further be directed to reconsider...petitioner and pass a fresh order in the light of provisions of
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Section 12 of Probation of ...into consideration the provision under Section 12 of the Probation of Offenders Act, 1958 and Regulation 238 of the Police Regulation, within 90 days from the date ...
...petitioner has been held guilty of the offence under Section 323 I.P.C. but has been released on probation of good conduct. ...notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of Section 3 or Section 4 shall not suffer...disqualification, if any, attaching to a conviction of an offence under such law, provided that nothing in this section shall apply to a person who, after his release under Section 4, is subsequently sentenced...