Court : Supreme Court of India
Decided on : Nov-16-2021
..... the allegation was that one of the members of the committee constituted by the chairman of the council of states (rajya sabha) under section 3(2) of the judges (inquiry) act, 1968 was biased. this judgment extensively recites and assimilates from both domestic and foreign judgments on the question of bias and prejudice and quotes the following observations in dr. ..... to be a calculated move on the petitioner's part. he is an intelligent person and knows that in terms of rule 9(2) (c) of the judges (inquiry) rules, 1969, the presiding officer of the committee is required to forward the report to the chairman within a period of three months from the date the charges ..... 2)(c). this court or, for that reason, no court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry. nevertheless, the court in p.d. dinakaran (1) (supra) had requested the chairman to nominate another distinguished jurist in place of the person in question, duly .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2021
..... exercise of which the impugned order (annexure-b) has been passed could not have been passed by the deputy commissioner as there was no proceeding pending before him for inquiry and therefore, he could not, in law, be a revenue court . having passed the earlier order dated 22.11.2006 vide annexure-a, he had become functus ..... proceedings in ra102006-07. by placing reliance on a 21 decision reported in ilr1981kar1309(siddeshwar yuvak mandal by its chairman vs. state and another), an hon'ble single judge of this court in malaprabha co-operative society vs. state of karnataka reported in ilr1990kar1730 has observed as follows:"13. it follows therefore that where a revenue officer not ..... (available to revenue officer to invoke it as and when he likes. in this context, learned single judge of this court in siddeshwar yuvak mandal v. state) of karnataka and ors., has observed that section 25 of the land revenue act is in pari-materia with section 151 of the c.p.c. and the power of that section .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2021
..... exercise of which the impugned order (annexure-b) has been passed could not have been passed by the deputy commissioner as there was no proceeding pending before him for inquiry and therefore, he could not, in law, be a revenue court . having passed the earlier order dated 22.11.2006 vide annexure-a, he had become functus ..... proceedings in ra102006-07. by placing reliance on a 21 decision reported in ilr1981kar1309(siddeshwar yuvak mandal by its chairman vs. state and another), an hon'ble single judge of this court in malaprabha co-operative society vs. state of karnataka reported in ilr1990kar1730 has observed as follows:"13. it follows therefore that where a revenue officer not ..... (available to revenue officer to invoke it as and when he likes. in this context, learned single judge of this court in siddeshwar yuvak mandal v. state) of karnataka and ors., has observed that section 25 of the land revenue act is in pari-materia with section 151 of the c.p.c. and the power of that section .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-08-2021
..... body must be composed of experts in the field, both official and non-official, and must be vested with the necessary powers to make a proper and effective inquiry. it is equally desirable that each state constitutes such a body, which step would go a long way in redressing genuine grievances. such a body can be created ..... karnataka state commission for backward classes is a statutory body established by the state government in terms of section 3 of the 1995 act; its chairman is a person who is or has been a judge of the high court or is eligible to be so appointed or a social scientist ; the director of backward classes and the minorities ..... 'discretion to disagree' with the same; in support of this submission he heavily banks upon the text of sec.9(2) of karnataka state commission for backward classes act, 1995; he also submits that the government being a constitutional functionary, has to be given due credence for its decisions, whether elaborately reasoned or not; which community should .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-06-2021
..... in question the proceedings in c.c.no.757 of 2017 pending on the file of the principal civil judge and jmfc, ramanagara initiated under the provisions of the factories act, 1948.2. brief facts leading to the filing of the present petition, as borne out from the ..... india read with section482of cr.p.c., praying to quash further proceedings in2cc.no.757/2017 on the file of the principal civil judge and jmfc, ramanagara at annexure-f to this writ petition. this writ petition having been heard and reserved for orders on0911.2021 ..... follows:48. in anil hada [(2000) 1 scc1 2001 scc (cri) 174]. the two-judge bench posed the question: when a company, which committed the offence under section 138 of the act eludes from being prosecuted thereof, can the directors of that company be prosecuted for that offence. ..... find any ground to interfere with the proceedings initiated against the petitioner in terms of the factories act, 1948 and accordingly, the writ petition stands dismissed. sd/- judge bkp ct:mj .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-2021
..... khaps shall be entrusted by the district magistrate/superintendent of police to an officer of the rank of additional superintendent of police. he shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. on being satisfied as to the authenticity of such threats, he shall immediately submit a ..... six months from the date of taking cognizance of the offence. we may hasten to add that this direction shall apply even to pending cases. the district judge concerned shall assign those cases, as far as possible, to one jurisdictional court so as to ensure expeditious disposal thereof. 36 | pa ge 41. in ..... of the offence so committed13. it is not necessary for the prosecution to prove each of the members involvement especially regarding which or what act (masalti supra). while overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in the unlawful assembly may fasten vicariously criminal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-2021
..... collection of substantial evidence, the charge sheet was filed against the appellant. the case was committed to the additional sessions judge, chandigarh, and charges under section 307 ipc and section 27 of the arms act were framed. the appellant abjured his culpability and claimed trial.5. in the eventual trial, a total of 14 witnesses ..... whether the high court erred in maintaining the conviction of the appellant under section 307 ipc?. b. whether conviction of the appellant under section 27 of the arms act is sustainable?.17. it may be highlighted at the outset that although there are page | 8 spacious powers vested under article 136 of the constitution, nevertheless, ..... and for the afore stated reasons, the criminal appeal is partly allowed. while the conviction and sentence awarded to the appellant under section 27 of the arms act is set aside, his conviction under section 307 ipc is maintained. the sentence under section 307 ipc is however reduced to the period already undergone. since, .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Nov-25-2021
..... of back wages if reinstatement is to be granted. abandonment of inquiry18 as regards the other finding on merits by the learned single judge that the management ought not to have abandoned the inquiry proceedings and short circuited 18 termination process by resorting to termination as per sec.25(a) and 58 also requires acceptance. the ..... , district: dharwad-580 004.-. respondent (by sri s.a. sondur, advocate) this writ appeal is filed under section4of the karnataka high court act, 1961, against the order passed by the learned single judge dated1312.20119 in w.p. no.75525/2013 & etc. these writ appeals coming on for further hearing this day, s.sunil dutt yadav j ..... dispute raised by the respondent to the labour court, hubballi. the government while making a reference under sec. 10(1)(c) of the industrial disputes act, 1947 (for short the act ) had referred the dispute on two points. the points framed by the labour court for consideration is in kannada language and is translated and reproduced .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Nov-25-2021
..... of back wages if reinstatement is to be granted. abandonment of inquiry18 as regards the other finding on merits by the learned single judge that the management ought not to have abandoned the inquiry proceedings and short circuited 18 termination process by resorting to termination as per sec.25(a) and 58 also requires acceptance. the ..... , district: dharwad-580 004.-. respondent (by sri s.a. sondur, advocate) this writ appeal is filed under section4of the karnataka high court act, 1961, against the order passed by the learned single judge dated1312.20119 in w.p. no.75525/2013 & etc. these writ appeals coming on for further hearing this day, s.sunil dutt yadav j ..... dispute raised by the respondent to the labour court, hubballi. the government while making a reference under sec. 10(1)(c) of the industrial disputes act, 1947 (for short the act ) had referred the dispute on two points. the points framed by the labour court for consideration is in kannada language and is translated and reproduced .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-25-2021
..... as the last of the above points is concerned, the learned counsel for the respondents would have serious objection as it would be outside the scope of inquiry and outside the scope of the suit and therefore, would be a wholly superfluous finding, which may create further controversy and opposes any such finding being ..... maintain the present suit.14. defendant nos.3 and 4 filed their separate written statements denying the claim made by the plaintiff.15. the learned trial judge based on the materials available on record framed the following issues:"(1) whether plaintiff proves his lawful possession of the suit schedule property as on the date ..... be to define the circumstances entitlement, yardsticks regarding suit for injunction. before going further, i find it necessary to mention chapter ii of the specific relief act which pertains to suits based on contract and contracts including specific performance and the sale, nature of contract relating to trusts, specific performance of part of the .....
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