Court : Karnataka Kalaburagi
Decided on : Jul-13-2023
..... enquire into, or appoint any public servant, hereinafter called the inquiring authority to inquire the truth thereof.3. a retired judge of the city civil court was appointed as the inquiry officer for the purpose of inquiring into the truth of the imputations against the appellant. the appellant challenged this appointment by ..... conduct and discipline) regulations, 1971 applicable?.2) whether compliance with proviso to clause (b) of sub-section (2) of section 33 of industrial disputes act was required to be made for imposition of punishment, including dismissal in respect of some of the petitioners in the above matters?.3) whether the word authority ..... road transport corporation (ksrtc), north-east karnataka road transport corporation (nekrtc) or north-west karnataka road transport corporation (nwkrtc), it is the standing orders act which would apply to all the workmen of the road transport corporations. 14.3. nekrtc and nwkrtc having been formed subsequent to the decision in pandavapura .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-04-2023
..... complaint shall also be accompanied by an affidavit of the complainant, not a verifying affidavit, but an affidavit as obtaining under the oaths act, 1969. it is only then the learned sessions judge can entertain a private complaint against public servants.16. in the teeth of the aforesaid glaring lacunae in the very entertaining of the ..... the public servant, who is involved in this case, it is clause (c), which is applicable. unless, therefore, there is previous approval, there could be neither inquiry or enquiry or investigation. it is in this context apposite to notice that the complaint, which has been filed by the petitioners in writ petition (criminal) no.298 ..... the amendment and its importance in the following paragraphs:"117. in terms of section 17-a, no police officer is permitted to conduct any enquiry or inquiry or conduct investigation into any offence done by a public servant where the offence alleged is relatable to any recommendation made or decision taken by the public .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-04-2023
..... if it takes a decision to accord approval for an investigation on the basis of an opinion formed by the investigating officer, the said decision would have to be judged in that light and the desirability or the validity of the decision itself cannot be doubted.-. 22 - nc:2023. khc:35789 wp no.20132 of 2023 36. ..... or investigation by a police officer. in the event of an allegation against a public servant that he had committed an offence under the act, the law prevents an investigating officer to conduct even an investigation or inquiry, unless he has secured the permission of the employer.-. 11 - nc:2023. khc:35789 wp no.20132 of 2023 21. it ..... 2023 13. chapter i relates to preliminary aspects of the act, such as the title, definitions, etc.14. chapter ii relates to the appointment of special judges and the cases that can be tried by the special judge, along with the procedures to be followed and powers of a special judge.15. chapter iii contains provisions which describe the offences and .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... before the magistrate, remains unrepresented. under section 203, the magistrate, after considering the statement of the complainant and witnesses (if any) on oath and the result of an inquiry (if any) under section 202, can dismiss the complaint if he is of the opinion that there is no sufficient ground for proceeding and in every such case briefly record ..... at annexure c in c.c.no.2319/2023 and all further proceedings in c.c.no.2319/2023 pursuant thereto pending on the file of the2d additional civil judge and jmfc judge, davanagere for offence p/u/s.39,47,48,49,52,40(1),40(2),58 r/w sec.51 of wildlife (protections) act1972and sec.465,201 ..... administration. (v) is affixed to or exhibited on any ancient and historical monument declared to be of national importance under the ancient monuments and archaeological sites and remains act, 1958 (central act xxiv of 1958). the violation or contravention of the afore-quoted law forms the basis of the complaint registered at 9 a.m. by sri nisar ahmed. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2023
..... discharge of its functions including the place or places at which it will hold its sittings. (6) the tribunal shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit, ..... been encapsulated by a constitution bench of this court in kaushal kishor v. 7 air1952sc3298 air1963sc8129 (2015) 5 scc113 state of u.p. & ors.10 (five-judge bench). justice v. ramasubramanian has reiterated that the restrictions under article 19(2) have been included after detailed deliberations. furthermore, after the amendments to the constitution that ..... considers to be against the public interest to disclose. similarly, rule 3(2) and the proviso to rule 5 of the unlawful activities (prevention) rules, 1968 also permit non-disclosure of confidential documents and information which the government considers against the public interest to disclose. 26. an authorised restriction saved by article 19( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-2023
..... require, for the purpose aforesaid. (3) any person attending the court, although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) where the court proceeds against any person under sub-section (1) then (a) the proceedings in ..... . section 319 of cr.pc reads as under: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together ..... a prosecution witness (pw-9), in sessions trial no.8/2018, which is being held before the additional sessions judge, sirsa, haryana, under sections 458, 460, 2 323, 302, 148, 149 and 285 of ipc, 1860 read with section 25 of arms act, 1959. the incident is of 12:30 mid night dated 07.09.2017 which occurred at sirsa, haryana. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-2023
..... the other documents examined were the transfer certificates of high school, kamela and national inter college and the relevant registers of the said schools. the additional sessions judge, who did not doubt the veracity of any of these documents which were placed before him, has given a categorical finding that what has been consistent is ..... the trial was almost complete and the high court did not consider it appropriate to interfere with the trial at such a belated stage.11. the additional sessions judge, barabanki continued with the trial, where all the accused persons (except babadeen), including the appellant were convicted for offences under sections 302/34 and 307/34 ..... shall be given to such juvenile or the person concerned. (5) save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7 a, section 64 of the act and these rules, no further inquiry shall be conducted by the court or the board after examining and obtaining the certificate or any .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jul-13-2023
..... enquire into, or appoint any public servant, hereinafter called the inquiring authority to inquire the truth thereof.3. a retired judge of the city civil court was appointed as the inquiry officer for the purpose of inquiring into the truth of the imputations against the appellant. the appellant challenged this appointment by ..... conduct and discipline) regulations, 1971 applicable?.2) whether compliance with proviso to clause (b) of sub-section (2) of section 33 of industrial disputes act was required to be made for imposition of punishment, including dismissal in respect of some of the petitioners in the above matters?.3) whether the word authority ..... road transport corporation (ksrtc), north-east karnataka road transport corporation (nekrtc) or north-west karnataka road transport corporation (nwkrtc), it is the standing orders act which would apply to all the workmen of the road transport corporations. 14.3. nekrtc and nwkrtc having been formed subsequent to the decision in pandavapura .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jul-13-2023
..... enquire into, or appoint any public servant, hereinafter called the inquiring authority to inquire the truth thereof.3. a retired judge of the city civil court was appointed as the inquiry officer for the purpose of inquiring into the truth of the imputations against the appellant. the appellant challenged this appointment by ..... conduct and discipline) regulations, 1971 applicable?.2) whether compliance with proviso to clause (b) of sub-section (2) of section 33 of industrial disputes act was required to be made for imposition of punishment, including dismissal in respect of some of the petitioners in the above matters?.3) whether the word authority ..... road transport corporation (ksrtc), north-east karnataka road transport corporation (nekrtc) or north-west karnataka road transport corporation (nwkrtc), it is the standing orders act which would apply to all the workmen of the road transport corporations. 14.3. nekrtc and nwkrtc having been formed subsequent to the decision in pandavapura .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jul-13-2023
..... enquire into, or appoint any public servant, hereinafter called the inquiring authority to inquire the truth thereof.3. a retired judge of the city civil court was appointed as the inquiry officer for the purpose of inquiring into the truth of the imputations against the appellant. the appellant challenged this appointment by ..... conduct and discipline) regulations, 1971 applicable?.2) whether compliance with proviso to clause (b) of sub-section (2) of section 33 of industrial disputes act was required to be made for imposition of punishment, including dismissal in respect of some of the petitioners in the above matters?.3) whether the word authority ..... road transport corporation (ksrtc), north-east karnataka road transport corporation (nekrtc) or north-west karnataka road transport corporation (nwkrtc), it is the standing orders act which would apply to all the workmen of the road transport corporations. 14.3. nekrtc and nwkrtc having been formed subsequent to the decision in pandavapura .....
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