Karnataka Dharwad Court December 2011 Judgments
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N. Ereshi Vs. State of Karnataka, Rep. by Police Sub-inspector, Karnat ...
Court: Karnataka Dharwad
Decided on: Dec-19-2011
Mohan Shantanagoudar, J 1. The records are placed before us to decide the following issue: “Whether the licenced surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964, can be said to be a “public servant” as defined under Section 2 of the Prevention of Corruption Act, 1988”. (1) Brief facts leading to the reference to this Bench are as under: 1(a) The petitioner was appointed as a licenced surveyor under Section 18-A of the Karnataka Land Revenue Act, 1964. One Mr. Jagadish lodged the information alleging that the petitioner demanded a sum of Rs.2,500/- as illegal gratification for the official work of issuance of the survey sketch relating to Sy.Nos.31 and 32 of H. Veerapur village. On 15-6-2011, a successful trap was laid on the basis of the said information, wherein the petitioner was caught red handed while accepting a bribe of Rs.2,500/- from said Jagadish. Further proceedings continued. Being aggrieved by the prosecution, the petitio...
State of Karnataka, by Circle Inspector of Police Vs. Hosakeri Ningapp ...
Court: Karnataka Dharwad
Decided on: Dec-19-2011
Mohan Shantanagoudar, J 1. The Division Bench has referred the following questions for consideration by Larger Bench:- (1) Whether the proceedings are vitiated if the case and counter case are not tried as held by the Honorable Supreme Court in Nathi Lal vs. State of U.P. reported in 1990 SCC (Cri) 638 and Sudhir and others vs. State of M.P. reported in 2001 SCC (Cri) 387? (2) Whether the evidence recorded in one case can be looked into the other case? If so, when and to what extent? (3) If the Trial Court disposes of case and counter case on different dates acquitting the accused therein and no appeal is preferred in one of the cases and appeal is preferred in the case decided later whether the proceedings in the later case are vitiated? 2. Brief facts leading to this reference are as under: The case and counter case i.e., Sessions Case No. 1/1995 and Sessions Case No.11/1995, arose out of the same incident that occurred at 2.00 P.M. on 31.3.1994 in front of Neelamma Temple, situated ...
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