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Centre for Pil and anr. Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Constitution And Criminal

Acts : Constitution of India - Articles 32, 74, 77, 77(3), 142, 316, 319 ; Central Vigilance Commission Act, 2003 - Sections 4(1), 4(2), 3(3); Prevention of Corruption Act, 1988 - Sections 13(2), 13(1)(d) ; Indian Penal Code (IPC), 1860 - Section 120B ; Code of Criminal Procedure (CrPC) , 1973 - Sub- Section 2 ; Delhi Special Police Establishment Act, 1946 - Section 4(1) ; Code of Civil Procedure (CPC), 1908- Section 8(1)(d)(c) ;

Reported in : AIR2011SC1267

(respondent No. 2 in W.P.(C) No. 348 of 2010) as Central Vigilance Commissioner under Section 4(1) of the Central Vigilance Commission Act, 2003 ("2003 Act" for short). 2. Government is not accountable to the courts in respect of policy decisions. However,

PravIn Kumar Vs. the State

Court : Mumbai

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 10, 11, 12, 13, 15, 13(1), 13(2), 17, 19 and 19(2); Central Vigilance Commission Act, 2003 - Sections 8(1); Delhi Special Police Establishment Act, 1946 - Sections 3, 4, 4(1) and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 8(1); Code of Civil Procedure (CPC) , 1908

Reported in : 2005CriLJ2714

to have been investigated by the Central Vigilance Commission as can be seen from Section 8(1)(d) of the Central Vigilance Commission Act, 2003 (Act, for short) and which reads as follows :--'8. Functions and powers of Central Vigilance Commission. -- The … the extension period for completion of the works of construction for the Navy at Nofra, Goa, and, on 20-8-2002 accepted same, pursuant to the said demand.4. At the time of framing of the charge by the learned

Center for Pil and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Delhi Special Police Establishment Act, 1946 ; Central Vigilance Commission Act, 2003 - Section 8(1), 3(1), 3(2), 3(3), 8(1)(a), 8(1)(b), 8(1)(e); Constitution Of India - Article 32; Central Vigilance Commission Ordinance, 1999 - Section 3(1); Prevention of Corruption Act, 1988 (49 of 1988) ; Code of Criminal Procedure (CrPC), 1973 (2 of 1974) ; Delhi Special Police Establishment Act, 1946 (25 of 1946) - Section 4(1)

(for short, 'the 1946 Act'). Learned senior counsel then submitted that even though under Section 8(1) of the Central Vigilance Commission Act, 2003 (for short, 'the 2003 Act') the Central Vigilance Commission has been clothed with the power to exercise superintendence … by the Central Bureau of Investigation (CBI), the Enforcement Directorate and the Income Tax Department in '2G case'. 2.The writ petition filed by the appellants before the Delhi High Court for ordering an investigation by the CBI

Krishna Kumar. Vs. State of Bihar, and ors.

Court : Patna

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 409, 420, 120(B), 21; IT Act, 1961 - Section 254, 34; Central Vigilance Commission Act - Section 13; Constitution of India - Article 226

be protected from police atrocities.5. During hearing, learned counsel for the petitioner referred to the provisions under the Central Vigilance Commission Act, 2003 and the Office Order No. 14/3/05 dated 30th March 2005 of the Government of India, Central Vigilance Commission … the written report of the informant, Gandhi Maidan P.S.Case No. 346 of 2008 dated 8th November 2008 under Sections 409, 420 and 120(B) of the Indian Penal Code was registered against the four named accused, namely, the … National Bank Officers' Association (BiharJharkhand) having its registered Office at Chanakya Tower 2nd Floor, R-Block, Patna.2. The informant Sandip Gautam, a Cluster Head of H.D.F.C.Bank,

S.M.i. Kazim Vs. New India Assurance Co. Ltd. and ors.

Court : Allahabad

Subject : ServiceFood Adulteration

Acts : Evidence Act; Central Vigilance Commission Act, 2003 - Sections 8; Prevention of Corruption Act, 1988; Central Vigilance Commission Ordinance, 1999 - Sections 3(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; ;Companies Act, 1956 - Sections 442; Prevention of Food Adulteration Act, 1954 - Sections 20A; General Insurance (Conduct, Discipline and Appeal) Rules, 1975 - Rules 25, 25(2) and 29; Pension Rules - Rule 23F; Uttar Pradesh Disciplinary Proceeding (Administrative Tribunal) Rules, 1947; Uttar Pradesh Disciplinary Proceeding (Administrative Tribunal) Act - Sections 4(4)

Reported in : 2005(1)ESC297; (2005)2UPLBEC1362

3 of the Central Vigilance Commission Ordinance, 1999 (Ordinance No. 4 of 1999), which was replaced by the Central Vigilance Commission Act, 2003. It was constituted to enquire or cause enquiries to be conducted into the offences alleged to have been … Vigilance Commissioner has also no legs to stand. The Central Vigilance Commission was constituted under Sub-section (1) of Section 3 of the Central Vigilance Commission Ordinance, 1999 (Ordinance No. 4 of 1999), which was replaced by the … service and also for quashing the order of the Chairman-cum-Managing Director, dated 2.9.2002 dismissing his appeal against the above order.2. The facts giving rise to

Ravi Shankar Srivastava Vs. State of Raj. and ors.

Court : Rajasthan

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 2, 7, 7(1), 8, 13(1), 13(1)(2), 13(2) and 482; Indian Penal Code (IPC) - 120B; Judges Protection Act, 1985 - Sections 3, 3(1) and 3(2); Central Vigilance Commission Act, 2003; Delhi Special Police Establishment Act, 1946 - Sections 6, 6A and 26; Indian Telegraph Act, 1885 - Sections 5, 5(1), 5(2), 23, 24 and 25; Information Technology Act - Sections 65(1)(4) and 92; Companies Act, 1956 - Sections 617; All India Services Act, 1951 - Sections 2, 5 and 6; All India Services (Discipline and Appeal) Rules, 1969 - Rules 2, 3 and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 155(2), 157, 162, 173, 173(2), 197 and 197(1); Rajasthan Land Revenue Industrial Area Allotment Rules - Rule 13(1); Indian Telegraph Rules, 1951 - Rule 419A; Consti

Reported in : RLW2005(3)Raj1736; 2005(2)WLC612

counsel for the petitioner further submits that the petitioner is an IAS Officer of Joint Secretary Rank. The Central Vigilance Commission Act, 2003 categorically provides that no investigation can be done for offences under Prevention of Corruption Act in case of … anything contained in any other law for the time being in force and subject to the provisions of Sub-section (2), no Court shall entertain or continue any civil or criminal proceeding against any person who is or was

State of Punjab Vs. Salil Sabhlok and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 226, 14, 316, 320, 145, 317, 322; Central Vigilance Commission Act, 2003 - Section 4(1)

found that the appointment of the Central Vigilance Commissioner was in contravention of the statutory provisions of the Central Vigilance Commission Act, 2003 and for this reason, this Court quashed the appointment of the Central Vigilance Commissioner. I have already held … and has been specifically defined (as far as I am aware) only in the Administrative Tribunals Act, 1985. Section 3(q) of the Administrative Tribunals Act is relevant in this regard and it reads as follows:“3. Definitions.-In this … A.K. Patnaik, J.Leave granted in S.L.P. (C) Nos. 22010-22012 of 2011.2. In these appeals against the judgment and orders of the

Kenneth Khan Vs. Air India Ltd. and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33(4); Industrial Employment (Standing Orders) Act, 1946 - Sections 34; Payment of Gratuity Act, 1972 - Sections 4(6) and 7(3); Air India Corporations Act, 1953 - Sections 11, 45 and 45(2); Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 - Sections 8; Central Vigilance Commission Act, 2003; Industrial Disputes (Central) Rules, 1957 - Rule 61

Reported in : [2005(107)FLR454]

such amendment has been granted. Last but not the least, reliance was placed on the provisions of the Central Vigilance Commission Act, 2003 and it was submitted that in the instant case, the enquiry was suggested by the Central Vigilance Commission … on record the respondents letter dated 9th January, 2003 recognising the 1st petitioner as a protected workman under Section 33(4) of the Industrial Disputes Act. This letter addressed by the General Manager-HRD to the President - Indian … The petitioner in the first petition, i.e. Writ Petition No. 78 of 2004, was the President of Indian Pilots Guild (IPG) at the relevant time,

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 5, 24, 36, 54, 154, 155, 156(3), 157, 157(1), 158, 159, 168, 169, 170, 172, 173, 173(2), 173(3), 174(3), 175(5), 190, 190(1), 482 and 551; Indian Penal Code (IPC) - Sections 120B, 304B, 420, 467, 468, 471 and 498A; Prevention of Corruption Act, 1988 - Sections 13, 13(2) and 22; Water (Prevention and Control of Pollution) Act, 1974; Central Vigilance Commission Act, 2003 - Sections 8(1); Delhi Special Police Establishment Act, 1946 - Sections 2, 2(2), 3, 4 and 4(1); Constitution of India - Articles 32 and 142

Reported in : 2006(12)SCALE391; (2007)1SCC110

No. 13381/84, since the report of CBI was voluminous, this Court after going through the provisions of the Central Vigilance Commission Act, 2003 (hereinafter referred to as the 'CVC Act') directed the records relating to prosecution of twelve accused be placed … any offence appears to have been committed and, if so, by whom, as provided by Clause (d) of Sub-section (2)(i) of Section 173 Cr. PC. These provisions are applicable even in cases under the P.C. Act, 1988 vide

Shri Atchut Mucund Alornekar and Others Vs. Central Bureau of Investig ...

Court : Mumbai Goa

Subject : Land Acquisition

Mr. S. D. Lotlikar, learned Senior Counsel appearing for the petitioners, argued that under section 8(1)(a) of the Central Vigilance Commission Act 2003 (C.V.C. Act, 2003), the C.V.C. exercises superintendence over the functioning of the respondent Insofar as it relates to … U.V. Bakre, J. Rule. By consent heard forthwith. 2. By this petition filed under section 482 of the Code of Criminal Procedure, 1973 and Article 226 of