Court : Karnataka
Decided on : Oct-01-2024
..... some person or authority who is legally bound or authorised to act as if he was a court or a judge. to act as a court or a judge necessarily involves giving an opportunity to the party who is to be affected by an order to make a representation, making some kind of inquiry, hearing and weighing evidence, if any, and - 19 - nc:2024 ..... the disputes, after hearing the parties, may be after making an enquiry, and the decision affects the rights and obligations of the parties. there is a duty to act judicially. the judge may construe the law and apply it to a particular state of facts presented for the determination of the controversy. a ministerial ..... certiorari does not lie to remove an order merely ministerial, such as a warrant, but it lies to remove and adjudicate upon the validity of acts judicial. in this connection, the term judicial does not necessarily mean acts of a judge or legal tribunal sitting for the determination of matters of law, but for the purpose of this question a judicial .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-02-2024
..... counsel appearing for the revenue that the order of special audit is only a step towards assessment and being in the nature of an inquiry before assessment, is purely an administrative act giving rise to no civil consequence and, therefore, at that stage a pre-decisional hearing is not required. in rajesh kumar, it ..... to believe would necessarily mean that the respondents must arrive at a satisfaction based on their own independent inquiry and not upon borrowed inquiry as has been done in the instant case. 9.2 the learned single judge also failed to appreciate that rule 86a was drastic and draconian in nature warranting existence of reasons ..... / parameters of rule 86a, the impugned orders passed by the respondents revenue deserved to be set aside and failure to appreciate this by the learned single judge has resulted in erroneous conclusion warranting interference in the present appeals. in support of his submissions, learned senior counsel has relied upon the following judgments:- 1. .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-02-2024
..... counsel appearing for the revenue that the order of special audit is only a step towards assessment and being in the nature of an inquiry before assessment, is purely an administrative act giving rise to no civil consequence and, therefore, at that stage a pre-decisional hearing is not required. in rajesh kumar, it ..... to believe would necessarily mean that the respondents must arrive at a satisfaction based on their own independent inquiry and not upon borrowed inquiry as has been done in the instant case. 9.2 the learned single judge also failed to appreciate that rule 86a was drastic and draconian in nature warranting existence of reasons ..... / parameters of rule 86a, the impugned orders passed by the respondents revenue deserved to be set aside and failure to appreciate this by the learned single judge has resulted in erroneous conclusion warranting interference in the present appeals. in support of his submissions, learned senior counsel has relied upon the following judgments:- 1. .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-02-2024
..... counsel appearing for the revenue that the order of special audit is only a step towards assessment and being in the nature of an inquiry before assessment, is purely an administrative act giving rise to no civil consequence and, therefore, at that stage a pre-decisional hearing is not required. in rajesh kumar, it ..... to believe would necessarily mean that the respondents must arrive at a satisfaction based on their own independent inquiry and not upon borrowed inquiry as has been done in the instant case. 9.2 the learned single judge also failed to appreciate that rule 86a was drastic and draconian in nature warranting existence of reasons ..... / parameters of rule 86a, the impugned orders passed by the respondents revenue deserved to be set aside and failure to appreciate this by the learned single judge has resulted in erroneous conclusion warranting interference in the present appeals. in support of his submissions, learned senior counsel has relied upon the following judgments:- 1. .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-09-2024
..... (4 dvds), defence documents and other related documents are submitted herewith along with the report for kind necessary action please. (emphasis added) the finding of the inquiry officer is that the charges against the officers are unsubstantiated. 18 documents including cctv footage (4 dvds), defence documents and all related documents are considered. the entire ..... enquiry was sought to be initiated. the approval of the central vigilance commission as a first stage advice was taken and the charge sheet was issued. the inquiry officer holds the disciplinary proceedings. it is germane to notice the charges levelled against the petitioner in the disciplinary proceedings. they read as follows:10. 2. ..... of india penal code, 1860(in short ipc) and section7and132) r/w131)(d) of the prevention of corruption act, 1988 before the hon ble xxi st addl.city civil and session judge and prl.special judge for cbi cases (cch-4) at bengaluru vide annexure-a and all consequent proceedings in spl cc no.850/ .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-07-2024
..... 4 w.p.no.14284 of 2000 decided on 23-12-2010 18 procedural road block, it being essentially a barrier against frivolous inquiries [vide bar council of maharashtra v. m.v.dabholkar, air1975sc2092. there should be some rational and intelligible nexus between the reasons and ..... be understood. the term "misconduct" has not been defined anywhere in the act. however, it came up for consideration before a full bench of this court in u.dakshinamoorthy v. the commission of inquiry, 1980 (i) mlj121wherein the full bench of this court has held as follows ..... commission. whether it is professional misconduct or misconduct otherwise has to be judged by the bar council which has to be satisfied about the commission of such misconduct, as technically understood under the advocates act. every misconduct may not be professional misconduct or other misconduct contemplated by ..... the way of any proceedings pending between the parties. consequently, pending applications also stand disposed. sd/- judge bkp/ ct:ss .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2024
..... examination of the record. explanation. all magistrates, whether executive or judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the sessions judge for the purposes of this sub-section and of section 398. (2) the powers of revision conferred by sub-section (1) shall not be exercised in ..... 51 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 24.2. inquiry shall be conducted on receipt of complaints under section 138 of the act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court. 24. ..... is filed under section482of criminal procedure code praying to call for the records peruse them and set-aside the judgment dated1611.2017 passed by lxix additiional city civil and sessions judge(cch-70) bangalore in crl.r.p.566/2017, discharging the accused. these criminal petitions coming on for orders and having been reserved for orders on1106.2024 .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2024
..... examination of the record. explanation. all magistrates, whether executive or judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the sessions judge for the purposes of this sub-section and of section 398. (2) the powers of revision conferred by sub-section (1) shall not be exercised in ..... 51 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 24.2. inquiry shall be conducted on receipt of complaints under section 138 of the act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court. 24. ..... is filed under section482of criminal procedure code praying to call for the records peruse them and set-aside the judgment dated1611.2017 passed by lxix additiional city civil and sessions judge(cch-70) bangalore in crl.r.p.566/2017, discharging the accused. these criminal petitions coming on for orders and having been reserved for orders on1106.2024 .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-18-2024
..... employee then it shall, (a) furnish to the employee a copy of the report of inquiring authority and its findings on each article of charge where the inquiry has been held by the inquiring authority. 7 (b) give the employee a notice stating the penalty proposed to be imposed on him. he shall be called ..... based on evidence lead, hence the executive council resolved to accept the departmental enquiry report submitted by the enquiry officer, shri ajit n.solapurkar, a retired 4 district judge, with respect to the departmental enquiry of dr.yogananda, assistant professor, dept. of pg studies, muddenahalli. further, the executive council directed the university to take disciplinary ..... vs. b. karunakar and others1. it would be useful for this court to extract para 24 which reads as under: 24. since the government of india act, 1935 till the forty-second amendment of the constitution, the government servant had always the right to receive the report of the enquiry officer/authority and to represent .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2024
..... sustain the jurisdiction of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a liability and ..... sec.115 of cpc., against the order dated1212.2023 passed on ia no.10/2019 in os no.1246/2013 on the file of xli additional city civil and sessions judge, bengaluru., rejecting the ia no.10/2019 filed under order vii rule11a) and (d) of cpc., for rejection of plaint. ******** this petition, coming on for final hearing, this day, ..... /0291/1965: [1965].571tr643(sc) cal be said to run counter to the series of cases earlier noticed. the result of this inquiry into the diverse views expressed in this court may be stated as follows 2 air1969sc78| 1968 insc92- 8 - nc:2024. khc:29536 crp no.252 of 20241) where the statute gives a finality to the orders of the .....
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