Court : Karnataka
Decided on : Sep-10-2024
..... it appropriate to direct the disciplinary authority of these petitioners to initiate departmental enquiry for having filed false charge sheet, against these petitioners. the departmental inquiry shall be conducted in complete consonance with the principles of natural justice by affording all reasonable opportunities to the complainant and the station house officer.18. ..... conclusions. any other interpretation of the provision would make the valuable right conferred on the suspect illusory and a farce. (emphasis supplied) following the aforesaid five judge bench judgment, the apex court in the case of arif khan v. state of uttarakhand2 has held as follows: . . .16. the short question which ..... bengaluru rural district, bengaluru arising out of crime no.227 of 2019 registered for offences punishable under section 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short).-. 3 - nc:2024. khc:37322 crl.p no.11994 of 2023 2. facts, in brief, adumbrated are as follows:- the .....
Tag this Judgment!Court : Karnataka
Decided on : May-28-2024
..... capacities under the union or a state. (1) *** (2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.28. this court in parshotam ..... that, the appellant and the bescom could have dealt with the factual details. only on this ground, the said finding of the learned single judge, insofar as it relates to violation of the said act of 2013 is concerned, cannot be sustained.16. according to us, one modification is necessary to the impugned order. after setting aside the ..... government advocate and assistant government advocate, the state government is under no obligation to consult even its advocate-general much less the chief justice or any of the judges of the high court or to take into consideration, the views of any committee that may be constituted for the purpose. the state government has a discretion. it .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-19-2024
..... appeal papers, we are inclined to grant indulgence in the matter and further set-aside the impugned order of the learned single judge for the following reasons: (a) india is predominantly an agricultural country; many of its agricultural values & traditions owe their origin ..... has agreed to be bound. agreement, however, is not a mental state but an act, and, as an act, is a matter of inference from conduct. the parties are to be judged not by what is in their minds, but by what they have said or written ..... to r1 and r4 served) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, set aside the judgment and order of learned single judge dated0205-2023 passed in w.p.no.106653/2016 (gm-res) and dismiss the writ petition ..... sheet anchor of the insurance contract, which the stakeholders have acted upon and that the claims of the insured farmers have been accordingly settled, it was not open to the learned single judge to direct reframing of the term sheets. that exercise is .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-08-2024
..... the elected body/board. said control cannot be interpreted to say that the board will have no power to recruit, transfer, and hold a disciplinary inquiry when those functions are undoubtedly essential in the management of a co-operative society. the interpretation that the right to form a co-operative society is ..... :- 9. in fact in the case of his holiness kesavananda bharati sripadaga-lavaru v. state of kerala (1973) 4 scc225 1973 supp scr1all the judges constituting the bench have with one voice given the directive principles contained in the constitution a place of honour. hegde and mukherjee, jj.as they then ..... its present president ramakrishna rai s/o manjunatha rai, aged about54years, yedamangala , kadaba taluk, post: yedamangala - 574221, d k district, reg. under karnataka co-operative society act. ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary, department of parliamentary affairs and legislation, vidhana soudha, bangalore .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-29-2024
..... are requested to kindly take note of the above facts and take appropriate action in accordance with law.53. section 17 a of the pc act 1988, reads thus: 17a. enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. no police officer shall ..... .3 / shri d.k. shivakumar, had challenged the registration of fir and - 14 - investigation by the cbi in w.p.no.15251/2022. the learned single judge of this court, by order dated 19.10.2023, has dismissed the said petition and thereby permitted the cbi to continue the investigation. the said order was challenged by ..... cbi/acb/blr rc10a) 2020 vide annexure-a; c) issue direction under section483of code of criminal procedure to learned21t addl. city civil and sessions and special judge, for cbi cases judge; and d) quash the order dated2212.2023 issued by the respondent no.1 in hd4cod2023dated2212.2023 vide annexure-f. in w.p.670/2024 between: central .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-29-2024
..... are requested to kindly take note of the above facts and take appropriate action in accordance with law.53. section 17 a of the pc act 1988, reads thus: 17a. enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. no police officer shall ..... .3 / shri d.k. shivakumar, had challenged the registration of fir and - 14 - investigation by the cbi in w.p.no.15251/2022. the learned single judge of this court, by order dated 19.10.2023, has dismissed the said petition and thereby permitted the cbi to continue the investigation. the said order was challenged by ..... cbi/acb/blr rc10a) 2020 vide annexure-a; c) issue direction under section483of code of criminal procedure to learned21t addl. city civil and sessions and special judge, for cbi cases judge; and d) quash the order dated2212.2023 issued by the respondent no.1 in hd4cod2023dated2212.2023 vide annexure-f. in w.p.670/2024 between: central .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-06-2024
..... had issued a notification issuing general directions to all officers to cause entry of name of the wakf board as regards the wakf properties, after inquiry. in furtherance of the said notification, the - 9 - nc:2024. khc-k:5719 wp no.202162 of 2022 deputy commissioner had directed ..... commissioner, albeit the deputy commissioner ought to have been more clear in the instructions given by him to the tahsildar as regards holding of inquiry.14. the tahsildar has considered the direction of the deputy commissioner to be a direction to insert the name of the wakf board by ..... consideration before this court is as regards in what matters a person would have to approach the wakf tribunal under section 83 of the wakf act, 1995.10. in the present case, it is not in dispute that the land has been purchased by the petitioner under a registered ..... an opportunity to the petitioner of filing objections and being heard and thereafter, pass necessary orders. sd/- (suraj govindaraj) judge svh list no.:1. sl no.:3. .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-22-2024
..... abetment to suicide of the father mahesh d souza. on that allegation a crime comes to be registered by the police of shirva police station who were conducting an inquiry into an udr proceeding. udr proceeding emerged on the score, that the death of father mahesh d souza was an unnatural death.3. it is later the ..... in s.c. no.38/2021 filed by respondent police for the offences punishable u/s204 306, 504, 506 of ipc now pending before honble principal district and sessions judge upupi, vide document no.4. this criminal petition having been heard and reserved for orders on0504.2024, coming on for pronouncement this day, the court made the following ..... v. state3, this court elaborated further and observed that to constitute instigation , a person who instigates another has to provoke, incite, urge or encourage the doing of an act by the other by goading or urging forward . this court held as follows:17. thus, to constitute instigation , a person who instigates another has to provoke, incite, .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-2024
..... ) accused no.1 gireesh, son of ramesha has been convicted for the offence punishable under sections 366, 376 of ipc and 6 of pocso act of 2012. to hear on sentence. sd/- judge sd/- judge dh89crl.a.no.873/2017 dr.hbpsj & umbaj:09. 02.2024 hearing on sentence heard learned advocate for respondent and learned additional state public ..... in a motorcycle belonging to pw-9, yogesha, son of papaiah and approached pw-1 to come along with him in the said motorcycle. when pw-1 started inquiry, accused no.1 told her that if she does not sit on the motorcycle quietly, he would commit suicide by consuming poison. due to the said threat, she ..... in mind about all these backgrounds while appreciating the evidence and thereafter, carefully appreciate the same to arrive to certain conclusions. however, in this case, the learned trial judge has not considered all these facts and assigned the reason as if the victim girl was well educated, having worldly knowledge as well as legal knowledge, and evidence .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2024
..... r/w section482of code of criminal procedure, 1973 praying to quashing the impugned order dated2812.2017 passed by the learned lix additional city civil and sessions judge and special court under the companies act, 2013 in the complaint bearing special cc no.12 of2018at annexure-a and all further proceedings and etc.-. 11 - nc:2024. khc:14889 wp ..... investigation as contemplated under section 202, sub-clause 1, does not arise. consequently, the submission of the petitioners that the order issuing process is not preceded by an inquiry as contemplated under section 202 of the crpc stands vitiated is without any substance.-. 45 - nc:2024. khc:14889 wp no.4380 of 2018 c/w wp no. ..... the case of j k (bombay) (p) ltd. v. new kaiser -i- hind spg. and wvg. co. ltd. (1968 scc online sc32, the hon'ble supreme court held that by virtue of the provision of section 391 of the act, 1956, a scheme is statutorily binding even on creditors and shareholders who dissent from or oppose its being sanctioned. it .....
Tag this Judgment!