Court : Supreme Court of India
Decided on : Oct-12-2023
..... of this court in canara bank (supra), which upheld the views expressed by a two-judge bench in rajinder lal capoor -ii (supra). 812. he further submitted that the 1979 regulations do not provide for any procedure to be followed for inquiry or the punishment which can be imposed. for this, the disciplinary authority will have ..... amendment in the regulations would take effect only after its publication in the official gazette in terms of the amendment made in section 19(1) of the 1970 act.10 admittedly, the idea behind the publication in the official gazette is to make the affected people aware about the changes in law. admittedly, there was no ..... 1986, regarding the amendment carried out in regulation 20 of the 1979 10 the banking companies (acquisition and transfer of undertakings) act, 1970. 9 regulations. after the amendment in section 19(1) of 1970 act, the pre-requisite of the publication through gazette notification was required to be complied with. on failure of publication in the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-14-2023
..... of the regulations that we are concerned with and held : the sum and substance of these regulations is that even though a departmental inquiry instituted against an officer employee before his retirement can continue even after his retirement, none of the substantive penalties specified in regulation 4 of ..... be forfeited wholly or partially.46. xxx 47. thus considering the provisions of rules 34.2 and 34.3 of the cda rules, the inquiry can be continued given the deeming fiction in the same manner as if the employee had continued in service - 12 - wp no.109981 ..... .109981 of 2015 proceedings at annexure r3. it is seen from annexure r3 that one sri.k.krishnamurthy, senior branch manager was permitted to act as petitioner s defence assistant in the enquiry. during the course of enquiry, the petitioner had admitted that the list of witnesses and documents ..... found in the present case. the writ petition lacks merit and accordingly the same is dismissed. sd/- judge rsh/ct:bck list no.:1. sl no.: .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Sep-20-2023
..... of case within the state under section 407 and anywhere in the country under section 406 cr.p.c. the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary based upon conjectures and surmises. if it appears that the dispensation of criminal justice is not possible impartially ..... that there is justifiable and reasonable apprehension of miscarriage of justice as well as likelihood of bias, allowed the transfer petition pending on the file of xith additional sessions judge (special court no.1) chennai, state of tamil nadu to the state of karnataka. while directing the transfer this court permitted the state of karnataka in consultation with ..... be committed for trial to a court of session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) the high court may act either on the report of the lower court, or on the application of a - 18 - nc:2023. khc-k:7527 crl.p no.200338 of 2023 party interested, .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Sep-23-2023
..... but excludes executive magistrates.40. even the word course occurring in section 319 crpc, clearly indicates that the power can be exercised only during the period when the inquiry has been commenced and is going on or the trial which has commenced and is going on. it covers the entire wide range of the process of the pre ..... which such power was to be exercised was considered and summarised as follows:- 12. section 319 crpc springs out of the doctrine judex damnatur cum nocens absolvitur (judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of section ..... sense for it only requires an application of mind rather than a judicial application of mind. at this pre- trial stage, the magistrate is required to perform acts in the nature of administrative work rather than judicial such as ensuring compliance with sections 207 and 208 crpc, and committing the matter if it is exclusively triable .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2023
..... property has been recovered, being the proceeds of crime. further, the expression investigation used in the 2002 act is interchangeable with the function of inquiry to be undertaken by the authorities under the act, including collection of evidence for being presented to the adjudicating authority for its consideration for confirmation of provisional ..... and special leave petition (criminal) nos. 8652-8653 of 2023 respectively. with the limited grievance over the file being sent back by the third learned judge, the respondents filed special leave petition (criminal) no.8750 of 2023. two more special leave petitions have been filed by respondents being special leave petition ..... seeking a direction that the first 15 days custody period should not come in the way of actual period of custody, before the learned principal sessions judge, the respondents approached this court in special leave petition (criminal) no.7437 of 2023. incidentally, another special leave petition (criminal) no.7460 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-2023
..... divisional magistrate, however, issued summons against the three other accused. thereafter, the appellant approached the sessions judge with a revision who, after hearing the respondent no.1, directed the sub-divisional magistrate to make a further inquiry against him. thence, the respondent no.1 preferred a revision application before the high court challenging the ..... ?. did the author of the article satisfy himself that there were reasonable grounds to believe that the imputations made by him were true?. did he act with reasonable care and a sense of responsibility and propriety?. was the article based entirely on the report of the deputy secretary or was there any ..... as a corollary, execution of such power of attorney did not amount to authorisation or consent given to aggarwal to commit any alleged act of defamation. ii. the learned judge erred in not considering that a writ petition instituted on behalf of the appellant cannot constitute an ingredient of an offence under section .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... of justice has occurred by reason of such error, omission or irregularity. sub-section (3), in other words, simply forbids interference with an order passed by the special judge in appeal, confirmation or revisional proceedings on the ground that the sanction is bad save and except, in cases where the appellate or revisional court finds that failure of ..... been committed. (3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), 13 (a) no finding, sentence or order passed by a special judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required ..... z a u u w z . (emphasis added) the government in terms of the afore-quoted order directed the lokayukta to conduct inquiry and submit a report in terms of section 7(2a) of the lokayukta act, 1984. the reason for directing an enquiry to be conducted is in the preamble. the preamble is that the c & a g .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... pursuant to the complaint dated0308.2022 filed by the1t respondent acb police, pending on the file of the23d addl.city civil and sessions judge, for the offence p/u/s7a) and12of the pc act produced at annexure-a and b respectively. in criminal petition no.7431/2022 between1 bhojaraja s. n., s/o nanjappa aged about43years ..... considered 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 servant ..... of 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 5 (2020) 2 scc33854 by the petitioners in writ .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... pursuant to the complaint dated0308.2022 filed by the1t respondent acb police, pending on the file of the23d addl.city civil and sessions judge, for the offence p/u/s7a) and12of the pc act produced at annexure-a and b respectively. in criminal petition no.7431/2022 between1 bhojaraja s. n., s/o nanjappa aged about43years ..... considered 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 servant ..... of 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 5 (2020) 2 scc33854 by the petitioners in writ .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... pursuant to the complaint dated0308.2022 filed by the1t respondent acb police, pending on the file of the23d addl.city civil and sessions judge, for the offence p/u/s7a) and12of the pc act produced at annexure-a and b respectively. in criminal petition no.7431/2022 between1 bhojaraja s. n., s/o nanjappa aged about43years ..... considered 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 servant ..... of 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 5 (2020) 2 scc33854 by the petitioners in writ .....
Tag this Judgment!