Court : Karnataka
Decided on : Sep-24-2024
..... inquiry act, 1952 . it appears from the terms of reference of the high- level single member inquiry committee that there are serious allegation involving illegal allotment of alternative sites, illegal allotment of land and irregularities in allocation of land. further, the constituting of a committee under an ias officer and immediately constituting one more committee under a retired judge ..... the conclusion drawn at fifthly above [para 155.5]., the judgments rendered in mahabir prasad sharma case [mahabir prasad sharma v. prafulla chandra ghose, (1968) 72 cwn328:1968. scc online cal 3]. , and pratapsingh raojirao rane case [pratapsingh raojirao rane v. governor of goa, air1999bom 53 :1998. scc online bom ..... one who along with his brother mallaiah had already eliminated all his rights by executing a registered deed 1982/68-69, dated 29.10.1968, after receiving the consideration rs.300/- from sri. mylaraiah. he cannot automatically become the owner of the transferred land merely because the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2024
..... grant of leave as he was unwell and that due to his indisposed health, he could not report to the duty. 3.1 at the conclusion of the inquiry, the inquiry officer found the delinquent guilty of the charges and punishment of dismissal from service was imposed on the petitioner. the petitioner was treated liable to pay rs.2 ..... petitioner.3. the facts in the background are inter alia that the petitioner, who was serving as an engineer (design-els) under the respondents, faced the departmental inquiry in respect of the charge of remaining unauthorisedly absent. the charge sheet indicated that the period of such absence was from 22.09.2016 till 06.01.2017. the ..... 076. respondent (by sri k.b. narayanswamy, advocate for c/r-1) this writ appeal filed u/s4of the karnataka high court act praying to set aside the order dated2311.2023 passed by the learned single judge in w.p.no.30380/2018. this writ appeal coming on for preliminary hearing this day, chief justice delivered the following: judgment heard .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-11-2024
..... kumar saxena v. state of m.p., (2012) 9 scc750: (2013) 1 scc (cri) 594]. , this court opined that under section 7-a of the jj act, 2000 obligated the court to make an inquiry and not an investigation or trial under the code of 22 criminal procedure. the court stated its opinion in the following words : (scc p. 764, para34) 34 ..... scc750: (2013) 1 scc (cri) 594]., 28 and in abuzar hossain [abuzar hossain v. state of w.b., (2012) 10 scc489: (2013) 1 scc (cri) 83]. , which was a three-judge bench decision, it was observed that the credibility and acceptability of the documents, including the school-leaving certificate, would depend on the facts and circumstances of each case and no ..... this day, the court made the following:- order the petitioner is before this court calling in question an order dated 19-01-2017 passed by the principal senior civil judge and cjm, ballari in j.c.no.25 of 2016 for offences punishable under sections 376 and 506 of the ipc r/w section 4 of the protection of children .....
Tag this Judgment!Court : Karnataka
Decided on : May-27-2024
..... a preliminary enquiry and hence, not having addressed the respondents' objections relying upon the documents adduced by them. the reasons provided by the single judge for entering into the merits of the dispute while quashing the fir are specious, especially so considering our finding that cbi need not hold a ..... then decide whether the accounting is satisfactory or not, would be elevating the investigating officer to the position of an enquiry officer or a judge. the investigating officer is not holding an enquiry against the conduct of the public servant or determining the disputed issues regarding the disproportionality between ..... shows that the information collected is in respect of disproportionate assets of the accused officer. the purpose of a preliminary inquiry is to screen wholly frivolous and motivated complaints, in furtherance of acting fairly and objectively. herein, relevant information was available with the informant in respect of prima facie allegations disclosing a .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-31-2024
..... the ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections ( ..... any such proceeding dies, the magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be ..... document purporting to be a report of identification under the hand of an executive magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this code, although such magistrate is not called as a witness: provided that where such report contains a statement of any suspect .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-05-2024
..... to the following modifications.4. it is clear from the aforementioned that by virtue of section 29 of the act, the inquiry conducted by the state commission is regulated by section 18 of the act. section 18(a) of the act specifically stipulates that where the inquiry discloses the violation of human rights, the commission may recommend to the concerned government or authority one of ..... powers in derogation of the statutory limitations. the commission, which is the creature of statute, is bound by its provisions. its duties and functions are defined and circumscribed by the act. of course, as any other statutory functionary, it undoubtedly has incidental or ancillary powers to effectively exercise its jurisdiction in respect of the powers confided to it but the commission ..... shall be at liberty to take suitable action as they may deem fit, based on the said report/recommendation dated 12.3.2020, in accordance with law. ordered accordingly. sd/- judge sd/- judge nd list no.:1. sl no.:4. .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-11-2024
..... fb)]. wherein the court after exhaustively examining various decisions of different high courts bearing on the subject came to the conclusion that on framing the charge the inquiry anterior to trial of the case is concluded. let it be recalled that the decision is under a code which prescribed examination of witnesses prior to ..... petition is filed under section482of cr.p.c., praying to set aside the order dated1504.2023, vide annexure c passed by honble ii addl. district and sessions judge, at chitradurga in spl.c.(pocso) no.182/2022, (cr.no.387/2022) registered by chitradurga rural police, chitradurga, directing framing of charges against the ..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-11-2024
..... fb)]. wherein the court after exhaustively examining various decisions of different high courts bearing on the subject came to the conclusion that on framing the charge the inquiry anterior to trial of the case is concluded. let it be recalled that the decision is under a code which prescribed examination of witnesses prior to ..... petition is filed under section482of cr.p.c., praying to set aside the order dated1504.2023, vide annexure c passed by honble ii addl. district and sessions judge, at chitradurga in spl.c.(pocso) no.182/2022, (cr.no.387/2022) registered by chitradurga rural police, chitradurga, directing framing of charges against the ..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-31-2024
..... the ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections ( ..... any such proceeding dies, the magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be ..... document purporting to be a report of identification under the hand of an executive magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this code, although such magistrate is not called as a witness: provided that where such report contains a statement of any suspect .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-05-2024
..... the case of p. sirajuddin v. state of madras1 has clearly held that before a public servant, whatever be his status, is publicly charged with acts of dishonesty, some suitable preliminary inquiry into the allegations by a responsible officer should be made. it could be in the nature of source information report or otherwise.8. the criminal ..... are before this court calling in question an order dated 30-05-2024 passed by the xxiii additional city civil & sessions judge & special judge (prevention of corruption act), 5 bengaluru in p.c.r.no.11 of 2024, by which the special judge takes cognizance of the offences punishable under sections 167, 219, 384, 448, 465, 466, 468, 469, 471, ..... also taken for the offence 10 under section 13 of the act for the reasons that accused 1 to 7 had demanded money to close the case against the respondent. he would submit that this court should permit further inquiry at the hands of the concerned special judge and not interfere in the peculiar facts of this case.8 .....
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