Court : Karnataka
Decided on : Apr-21-2023
..... have resulted in loss caused to the bank. the allegation of causing loss has resulted in a departmental inquiry and the department inquiry ended in imposition of penalty of compulsory retirement, which is also under challenge before this court. therefore, the act of the tribunal in entertaining the application itself was, on the face of it, erroneous.14. the ..... said amount. by no stretch of imagination the said misappropriation of the amount of the bank by its employee can be construed as a debt , the learned trial judge, in the instant case, unfortunately has referred to and reproduced only a limited part of the definition of the word debt and has committed an error in holding that ..... . (emphasis supplied) the high court of gujarat clearly holds that a fraud committed by an employee cannot be construed to be a debt and the learned trial judge therein had only referred to a limited part of the definition of 25 the word debt and had committed an error in holding that the debt is a liability .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-28-2023
..... no.910/2015 before the additional city - 3 - nc:2023. khc:30496 wp no.4483 of 2018 civil judge, bengaluru under sections 470 and 471 of the karnataka municipal act, 1976 (for short 'kmc act') and the order dated 05.12.2017 in the said matter is under challenge in the present proceedings.3. ..... dispute, binding outcome) adr nature and core relevant law mechanism features arbitration arbitration is an arbitrati adjudicatory on and procedure that concilia applies to disputes tion act, only when parties 1996 voluntarily consent to resort to arbitration. the dispute is adjudicated by an arbitrator (or a panel of arbitrators) appointed by the ..... . khc:30496 wp no.4483 of 2018 ombudsman and insurance ombudsman in india provide that the ombudsman act as both the mediator and the adjudicatory authority to resolve complaints. ombudsperson such as lokpal or lokayukta act as inquiry authorities to inquire on complaints on abuse of power by governmental authorities. early neutral an experienced evaluation .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-2023
..... with chapter xv ( complaints to magistrates ; sections 200-210). these two powers are different and there also lies a procedural distinction between the two.25. a three judge bench decision of this court in ramdev food products private limited (supra) had examined the distinction between powers of the crl.a. no.1581/2021 etc. page 46 ..... supra) was expressly following the judgment of this hon ble court in the case of priyanka srivastava (supra). it is submitted that therefore also, the learned single judge ought not to have taken a contrary view. crl.a. no.1581/2021 etc. page 10 of 633.9 it is further submitted by the learned senior ..... . the accused filed an application on 4th october 2021 under the right to information act, 2005 and have received on 22nd october 2021 copies of preliminary inquiries done by police station bhawanipore dated 30th october 2020 and 5th november 2020. the preliminary inquiries conclude that in the communications made to the police between 2018 to 2020, there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2023
..... india v. ashok kumar aggarwal [union of india v. ashok kumar aggarwal, (2013) 16 scc147: (2014) 3 scc (l&s) 405]. a two- judge bench of this court speaking in the context of service regulations governing a departmental enquiry reiterated that an office order or office memorandum cannot contravene statutory rules. b.s ..... of a constitution bench: 15. a constitution bench in sant ram sharma v. state of rajasthan [sant ram sharma v. state of rajasthan, air1967sc1910: (1968) 1 scr111 considered the applicability of the letters issued by the government of india detailing the administrative practice for promotions, against the indian police service (regulation ..... education (teacher) service rules 2012 (hereinafter referred to as 2012 service rules ) by invoking powers conferred under section 58 of the uttarakhand school education act, 2006. the 2012 service rules prescribed minimum eligibility criteria for appointment to the post of assistant teachers in government elementary schools in the state of .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2023
..... the complaint was one of illegal detention. 5 (2006) 3 scc17846 (b) direction to the government concerned to hold an inquiry and take action against the officers responsible for the violation. (c) if the enquiry or action taken by the department concerned ..... if there was detention for 5 days, for what 29 reason was he detained. the court, therefore, directed the district judge, ghaziabad to make a detailed enquiry and submit his report within 4 weeks. the court voiced its concern regarding complaints of ..... approached this court under article 32 of the constitution alleging that though he was acquitted by the sessions court on 3-6-1968, he was released from jail only on 6-10-1982, after 14 years, and sought compensation for his illegal detention ..... against the 4th respondent and his cohorts or any other officer, after identifying those officers who have indulged in the act of illegal arrest and alleged assault on the petitioner. (iv) the departmental enquiry shall be initiated within two weeks .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... ., for proposed respondent on ia123) - - - this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order dated2809.2021, passed in wp no.18752/2018 by the learned single judge. this writ appeal having been heard and reserved for judgment on0103.2023, coming on for pronouncement of judgment this ..... non application of mind. the high level committee has misdirected itself with regard to application of 1997 act as the issue in dispute had attained finality.37. 'lord denning in 'metropolitan properties ltd. vs. lannon', (1968) 3 all england reporter 304 laid down the test of real likelihood of bias and 36 held ..... level committee. we have heard learned counsel for the parties at length. learned advocate general submitted that in compliance of the directions issued by learned single judge, the state government has constituted a cabinet sub-committee comprising of three cabinet ministers, which consists of minister of law and parliamentary affairs, home minister and .....
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 : Mar-27-2023
..... evidence which are unnecessary and not required for the purpose of a fair hearing within the meaning of audi alteram partem rule in a quasi-judicial or administrative inquiry. [ ]. (emphasis supplied) 65. audi alteram partem, therefore, entails that an entity against whom evidence is collected must: (i) be provided an ..... have given the contractor adequate opportunity to represent against the proposed action of debarment.46. in raghunath thakur v. state of bihar34, a two-judge bench of this court held that since blacklisting entails civil consequences an order of blacklisting should be issued only after following the principles of natural justice ..... not mere legal formalities. they constitute substantive obligations that need to be followed by decision-making and adjudicating authorities. the principles of natural justice act as a guarantee against arbitrary action, both in terms of procedure and substance, by judicial, quasi-judicial, and administrative authorities. two fundamental principles .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-2023
..... to be developed, although these were expressly brought to its notice, in the review proceedings. furthermore, this court has also been appraised of the fact that the inquiry by the revenue authorities, after the second order was made, has now resulted in awareness on the part of the collector, and the parishad, that the map ..... of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the single judge has taken contrary view. that does not confer jurisdiction upon the tribunal to ignore the judgment and direction of the high court given in the case of ..... date of hearing. with consent of counsel for the parties, all appeals were heard finally.2. these appeals, under section 22 of the national green tribunal act, 2010 (hereafter ngt act ) and appeals by special leave1, question various orders2 of the national green tribunal which directed that the nagar palika parishad, mandsaur (hereafter parishad ), should desist .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!