Court : Kerala
Reported in : AIR1983Ker59
Bhaskaran, J.1. The appellant. Sri T. A. Rajendran, stated to be the editor of 'Navab', a weekly published from Trichur, filed O. P. No. 3555 of 1982 under Article 226 of the Constitution of India 'to call for the entire records in conneclion with the inquiry into the allegation of bribery of the 4th respondent (Sri Karunakaran, Chief Minister of Kerala) which is the subject matter of the 'Navab' photostat case and the records in connection with the allegations against the 5th and 6th respondents (Sri V.N. Rajan, Director. Institute of Criminology and Forensic Science, Ministry of Home Affairs, New Delhi and Sri Jayaram Padikkai, Dy. Director, Vigilance Investigation, Kerala, Trivandrum respectively) in Rajan murder case and to issue a writ in the nature of mandamus or any appropriate writ to direct the 1st, and 2nd respondents (The Home Secretary, Government of India, New Delhi, and the Chief Secretary, Government of Kerala, Trivandrum) for appointing a commission of inquiry as contem...
Tag this Judgment!Court : Kolkata
Reported in : AIR2011SC1254
Bhaskar Bhattacharya, J.: 1. All these Mandamus Appeals were taken up together as in all these appeals, the different appellants have challenged the selfsame order passed by a learned Single Judge of this Court by which His Lordship allowed a writ-application in which prayer was made for a direction that the criminal investigation involved in the writ-application should be conducted by CBI and not by CID as per direction of the government. 2. Being dissatisfied with the aforesaid direction given by the learned Single Judge along with some other findings, all these appeals have been preferred by not only the different respondents of the writ-application but also the writ-petitioners whose grievance is that the learned Single Judge in addition to the aforesaid directions ought to have passed directions for initiating criminal proceedings against the respondents in the writ-petition in accordance with the decision of the Supreme Court in the case of Sm. Lata Singh v. State of U.P and Anr...
Tag this Judgment!Court : Karnataka
Dr. Bhakthavatsala, J1. The petitioner, who was the former Chief Minister (BJP) of the State of Karnataka, is before this Court under Articles 226 and 227 of the Constitution of India, praying for the following reliefs:(i) to issue a writ of certiorari and quash the Complaint dated 22.8.2011 filed by the 3rd respondent/Superintendent of Police, Karnataka Lokayukta, Bangalore, against him for the offences under Sections 7, 8, 9 and 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988, at Annexure-A;(ii) to issue a writ of certiorari and quash the FIR registered in Crime No.36/2011 against the petitioner for the offences under Sections 7, 8, 9 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 at Annexure-A-1;(iii) to quash the Order of Sanction dated 2.8.2011 for initiating criminal proceedings against the petitioner at Annexure-B on the file of Governor of Karnataka;(iv) to quash the relevant portion of the Report at chapter 22 of Lokayukta dated 27.7....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR869; 1999(1)KarLJ706
ORDERR.P. Sethi, C.J.1. Careless conduct and casual approach adopted by the respondent-State in the matter of fundamental right dealing with life and safety forced the petitioners, belonging to a noble profession of advocates to put off their robes and stand before us as litigants seeking justice for the legal heirs of the dead and compensation for the injured. The deaths and injuries are admitted to have been caused on account of the collapse of a building constructed by the builders by using sub-standard material besides ignoring the structural guidelines and protections. The rolling tears and the soar wailing cries of the victims of the tragedy did not affect the mighty and careless State but did touch the tender hearts of the petitioners, who initiated this action in public interest with prayer for granting appropriate relief to the needy and deserving. This Court has been moved to take appropriate action by the issuance of requisite directions in furtherance of its obligation to p...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001CriLJ2362
Bilal Nazki, J.1. The writ petition, W.P. No. 17149 of 2000 is filed by Andhra Pradesh Civil Liberties Committee. They seek a direction against respondent No. 1 to register a crime under Section 302 IPC and other offences against policemen who caused the death of Mr. Vishnuvardhan Reddy and Mr. Bala Swamy and caused injuries to several others. In this writ petition it is further prayed that the investigation of said crime be handed over to respondent No. 6 i.e., Director General, Central Bureau of Investigation. It also seeks a relief that Government of Andhra Pradesh be asked to pay compensation to the dependants of the deceased and also to the injured persons. The second writ petition W.P. No. 16558 of2000 is filed on behalf of the Peoples' Union for Civil Liberties about the same incident and it is prayed that the State of Andhra Pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a Commission of Inquiry by a Sitting Judge of the Hon'bl...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
ORDERP.B. Sawant, J.1. On behalf of Kuldip Singh, J. and himself. Article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the States under the federal Constitution that we have adopted. The interpretation of the Article has, therefore, once again engaged the attention of this Court in the background of the removal of the governments and the dissolution of the legislative assemblies in six States with which we are concerned here, on different occasions and in different situations by the exercise of power under the Article. The crucial question that falls for consideration in all these matters is whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution. The answer to this question depends upon the answers to the following questions: (a) Is the Proclamation amenable to judicial review? (b) If yes, what is the scope of the judicial review in this respect? and (c) What is the meaning of the expr...
Tag this Judgment!Court : Patna
1. Both the writ petitions raise a common question of law with a view to challenge the correctness and legality of impugned orders passed by the Central Administrative Tribunal, Patna Bench, and Patna. In the case of Bidya Nand Choudhary, the impugned order is dated 3.6.2005 (Annexure-4) passed in OA No.697 of 2004. In the other case also the impugned order is dated 3.6.2005 but passed in OA No.764/2002 filed by the two petitioners of the other case, Yadunandan Roy and Balkishan Roy.2. In both the cases the learned Tribunal noticed that the charge-sheet relied only upon statement made by the concerned employees before the Justice G. N. Ray Commission which was admittedly constituted under Section 6 of the Commissions of Inquiry Act, 1952 in relation to a railway accident on 1.2.1999 involving collision between Awadh Assam Express and Brahmputra Mail at Gaisal within Katihar Division. The Tribunal found that use of statements made by the concerned employees / delinquent was not permissi...
Tag this Judgment!Court : Patna
1. Both the writ petitions raise a common question of law with a view to challenge the correctness and legality of impugned orders passed by the Central Administrative Tribunal, Patna Bench, and Patna. In the case of Bidya Nand Choudhary, the impugned order is dated 3.6.2005 (Annexure-4) passed in OA No.697 of 2004. In the other case also the impugned order is dated 3.6.2005 but passed in OA No.764/2002 filed by the two petitioners of the other case, Yadunandan Roy and Balkishan Roy.2. In both the cases the learned Tribunal noticed that the charge-sheet relied only upon statement made by the concerned employees before the Justice G. N. Ray Commission which was admittedly constituted under Section 6 of the Commissions of Inquiry Act, 1952 in relation to a railway accident on 1.2.1999 involving collision between Awadh Assam Express and Brahmputra Mail at Gaisal within Katihar Division. The Tribunal found that use of statements made by the concerned employees / delinquent was not permissi...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALT201
Bilal Nazki, J.1. The Writ Petition, W.P.No. 17149 of 2000 is filed by Andhra Pradesh Civil Liberties Committee. They seek a direction against respondent No. 1 to register a crime under Section 302 IPC and other offences against policemen who caused the death of Mr. Vishnuvardhan Reddy and Mr. Bala Swamy and caused injuries to several others. In this Writ Petition it is further prayed that the investigation of said crime be handed over to respondent No. 6 i.e., Director General, Central Bureau of Investigation. It also seeks a relief that Government of Andhra Pradesh be asked to pay compensation to the dependants of the deceased and also to the injured persons. The second Writ Petition W.P.No. 16558 of 2000 is filed on behalf of the Peoples' Union for Civil Liberties about the same incident and it is prayed that the State of Andhra Pradesh should be directed to hold an enquiry into the incident of alleged police excesses through a Commission of Inquiry by a Sitting Judge of the Hon'ble...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1423; JT1990(3)SC379; (1990)IILLJ388SC; 1990(1)SCALE625; (1990)3SCC60; [1990]2SCR233; 1990(2)LC217(SC); (1990)3UPLBEC2069
ORDER1. Special leave granted.2. The respondent in this appeal-K. Ratnagiri was at the material time Circle Inspector of Police attached to Sanjeeva Reddy Nagar Police Station, Hyderabad. In that police station one U. Narasimha died in Police lock up. Pending prosecution with regard to that offence, the Director General of Police made an order keeping the respondent under suspension. The order reads:Shri K. Ratnagiri, Circle Inspector of Police, Sanjiva Reddy Nagar P.S. Hyderabad is placed under suspension with immediate effect in public interest untill further orders pending prosecution against him in the case of death of U. Narasimha in Police lock-up.3. The respondent appealed to the Andhra Pradesh Administrative Tribunal. The Tribunal has set a7side the suspension order holding that the respondent shall be deemed to be in service from the date of issue of suspension order. The Tribunal, however, has reserved liberty to the Government to transfer him to any other Police Station. It ...
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