Court : Karnataka
Decided on : Jul-21-2023
..... the learned senior counsel would take the court through sections 17 and 18 of the protection of human rights act, 1993 (for short the act ), which read as under:- 17. inquiry into complaints.-the commission while inquiring into the complaints of violations of human rights may- (i) call for ..... had approached this court in w.p. no.11051/2008 and the co-ordinate bench headed by the then chief justice and companion judge permitted the petitioners herein to approach the commission by way of a review petition, consequent to which, petitioners approached the commission-7th respondent ..... the complaint on its own; (b) if, on receipt of information or report, the commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned government or authority, it may not proceed with the ..... , interlocutory applications if any, do not survive for consideration and is accordingly disposed off. sd/- judge sd/- judge chs/dn list no.:1. sl no.: 3 .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... 12.3 he further submits that there is no provision under the karnataka excise act, 1965 (hereinafter referred to as the `act, 1965') or the rules framed thereunder providing any jurisdiction or authority thereunder to conduct an inquiry as being directed by the learned single judge in the impugned order. referring to judgment of the apex court in the ..... only "during the currency of the licence". he also referred to rule 5a of the karnataka excise (sale of indian and foreign liquors) rules, 1968 (hereinafter referred to as `rules, 1968) providing for renewal of licence to contend that the said rule was inserted by way of an amendment with effect from 24.06.2000 and ..... economic conditions of the petitioners cannot be lost sight of. besides, he also contended that the order 27 dated 26.02.2021 passed by learned single judge directing an inquiry by the competent police officer into the matter has to be construed as condoning delay in filing the writ petition. in our considered view the said .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... 12.3 he further submits that there is no provision under the karnataka excise act, 1965 (hereinafter referred to as the `act, 1965') or the rules framed thereunder providing any jurisdiction or authority thereunder to conduct an inquiry as being directed by the learned single judge in the impugned order. referring to judgment of the apex court in the ..... only "during the currency of the licence". he also referred to rule 5a of the karnataka excise (sale of indian and foreign liquors) rules, 1968 (hereinafter referred to as `rules, 1968) providing for renewal of licence to contend that the said rule was inserted by way of an amendment with effect from 24.06.2000 and ..... economic conditions of the petitioners cannot be lost sight of. besides, he also contended that the order 27 dated 26.02.2021 passed by learned single judge directing an inquiry by the competent police officer into the matter has to be construed as condoning delay in filing the writ petition. in our considered view the said .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-19-2023
..... which is essentially a matter for trial. while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge. even when charge is framed at that stage, the court has to only prima facie be 62 satisfied about existence of sufficient ground for ..... , this court in p. 78 sirajuddin [p. sirajuddin v. state of madras, (1970) 1 scc595:1970. scc (cri) 240]. expressed the need for a preliminary inquiry before proceeding against public servants. [ ].119. therefore, in view of various counterclaims regarding registration or non-registration, what is necessary is only that the information given to the ..... is made out in the information given, then the fir need not be registered immediately and perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. but, if the information given clearly mentions the commission of a cognizable .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2023
..... to commit and understand the consequences of the alleged offence." (emphasis added) 7. what is required to be done by the juvenile justice board is holding an inquiry for making a preliminary assessment with regard to the mental and physical capacity of the juvenile in conflict with law to commit such offence, ability to understand the consequences ..... child as an adult, instead of sending back the matter to the board, the court itself is empowered to conduct an inquiry and pass appropriate orders in accordance with provisions of section 18 of the jj act. the trial of a child as an adult and his trial as a juvenile by the juvenile justice board has different ..... is a special court under the protection of children from sexual offences act, 2012 (for short, 'pocso act') which is also empowered to act as a children's court. we direct the learned sessions judge at gwalior to examine this aspect, and if the special court under the pocso act is a children's court and is not already overburdened, he .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-2023
..... provisos declares a sale, gift, exchange or mortgage or transfer 61 of waqf property to be ab initio void. section 52 of the act provides that if the board is satisfied, after making any inquiry, as may be prescribed, that any immovable property of a waqf entered as such in the register of waqfs maintained under section 36, ..... 20th november, 1961 and appointed by g.o.ms. no.2264, dated 30th december, 1967, the special officer for wakfs madras v. subramanyam and others21, the learned judge was, inter alia, dealing with the following facts: the suits were filed for recovery of properties alleged to belong to the waqf, which were dismissed on the ground of ..... of other high courts contending that they lay down a different principle. in chinna jeeyangar mutt, tirupath v. c.v. purushotham and others 20, a learned single judge traced the history of articles 134a, article 134b, article 134c also with reference to the 20 air1974ap17547 third report of the law commission of india. the said portion .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... under sub-section (2), then, notwithstanding anything contained in sub-section (2-a), a, magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952. pausing here it may be mentioned that section 7(1) and (3) of the criminal law amendment ..... act, for tender of pardon to an accomplice, as part of the procedure and powers of special judges. the section is set out below [ 8 procedure and ..... which refer to courts of criminal jurisdiction established under the code. the special judge created under the criminal law amendment act, 1952 (act 46 of 1952) is not one of them. for the cases triable by special judges under the criminal law amendment act a special 2 (1968) 1 scr69515 provision is to be found in section 8(2) of that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-14-2023
..... has not been any change in the governing council has been upheld by the respondents themselves in the inquiry report dated 06.06.2022 submitted to this court and on this ground also, the impugned order of the learned single judge and the directions issued in the impugned order dated 01.01.2022 deserve to be set aside. ..... following points arise for consideration in the present appeal:- (i) whether there was change in the governing council of the appellants attracting section 41(5) of the said act of 1983 r/w the governing council rules warranting initiation of enquiry against the appellants?. (ii) whether the appellants had violated rule 3(17) of the said rules ..... by coming to the erroneous conclusion that there was change in the governing council of appellant no.2 college as contemplated under section 41(5) of the said act of 1983 warranting compliance of the said governing council rules by the appellants. in this context, learned senior counsel pointed out that mere change of the trustees of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2023
..... over the provisions of the crpc. the court held that a 14 mcoca 12 crl.a. 2093/2023 special judge is precluded from taking cognizance of a private complaint and order a separate inquiry without the previous sanction of the police officer not below the rank of additional director general of police:67. we ..... would not, therefore, be entitled to invoke the provisions of section 156(3) crpc for ordering a special inquiry on a private complaint and taking cognizance thereupon, without ..... are also inclined to hold that in view of the provisions of section 25 of mcoca, the provisions of the said act would have an overriding effect over the provisions of the criminal procedure code and the learned special judge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2023
..... law.59. from the aforesaid, it can be said that there can be no thumb rule that in a prosecution before the court of special judge, the previous sanction under section 19 of the pc act, 1988 would invariably be the only pre- requisite. if the offences on the charge of which, the public servant is expected to be put ..... for the offences under ipc without valid sanction under section 197 of the crpc. 722. the learned counsel further submitted that the appellant was also subjected to a departmental inquiry. the departmental inquiry was by and large on the very same charges on which the appellant is now sought to be prosecuted in the court of the special ..... judge at hyderabad. he pointed out that the appellant came to be exonerated of all the charges in the departmental inquiry as evident from the report of the inquiry officer dated 09.06.2014.23. mr. reddy in support of his aforesaid submissions has placed .....
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