Court : Karnataka
Reported in : AIR1995Kant290; 1996(6)KarLJ464
..... of india. the hon'ble judges were not provided staff car by the government until the amendment by parliament in the high court judges (service conditions) act in 1986 whereby every judge of the high court has been provided with a chauffeur driven official car.'76. the national flag code is intended to include high ..... , purchased evidence, appears to show and exhibit to its viewers the idea that whatsoever may be the circumstances, it is the virtues win over the vires, justice prevails over injustice and that the false and concocted witnesses or evidence or persons producing false and concocted evidence, suffer and gel their due punishment. in the ..... to the one suggested by the petitioners and alleged by the counsel for the petitioners. the theme learned senior standing counsel submitted is rather appreciable in which justice prevails over injustice, truth prevails over the untruth, forgery or fraud perpetuated either the person appearing as a false witness or some one making use of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1768; 1997(2)KarLJ413; (1997)IILLJ928Kant
..... of termination is based upon allegations amounting to stigma upon the appellant, in relation to his employment, the holding of enquiry and the compliance of natural justice cannot be abandoned or forsaken. the employee cannot be handed over an order of discharge containing therein the allegations of misconduct or such imputations amounting to misconduct ..... not necessarily lead to confirmation. 11. the supreme court, again in om prakash maurya v. uttar pradesh co-operanve sugar factories federation, lucknow and others (1986-ii-llj-145), declared that in the absence of service rules, failure to extend the period of probation would not automatically amount to confirmation on the post ..... recently it was the opinion of the 40 courts that unless the authority concerned was required by the law under which it functioned to act judicially, there was no room for the application of the rules of natural justice. the validity of that limitation is now 45 questioned. if the purpose of the rules of natural .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4467
..... the bank itself. the learned counsel vehemently submits that the procedure adopted by the inquiry office in the enquiry proceedings is totally opposed to principles of natural justice and therefore the proceedings are vitiated and based on such a finding, the disciplinary authority could not have passed the impugned order. ultimately, the learned counsel ..... the consequential benefits would depend on the result of the enquiry. but in the present case, the petitioner has retired from service in the month of march, 1986. at this stage, no useful purpose will be served in directing a fresh enquiry. keeping in view, the pendency of this lis between the parties for more ..... modern equipments so that they need not have to hear the cries of harassed officers and their large families. they should not only behave like human beings,act like human beings, think like human beings, decide like human beings, taking into consideration the plight of an officer, taking into consideration the pressures and pulls .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2002
..... cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay done by precise, clearly defined and sufficiently channelisd and inflexible guidelines or rigid formulae and to give an ..... and commenced the investigation by proceedings to the 'spot' accompanied by armed constables. the allegations in the complaint over the period commencing from 1969 and ending with 1986 as noted in the fir. be it noted that by june, 1987, ch.devi lal became the chief minister. the complaint was presented by dharam pal nearly ..... investigation commenced by the police for the offences under ipc, which is challenged in this petition, but the petitioners are questioning the registration of the case under the act. sri c.h. hanumantharaya, learned counsel appearing for the petitioners submitted that in the complaint lodged with the police, by none other than the brother of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... supra is also of no help to them. in that case, the court, while dealing with the constitutionality of madras race club (acquisition and transfer of undertakings) act, 1986, held that the horse racing was a sport which was primarily dependent on the special ability acquired by training, which could not be termed as either gaming or ..... in the same enactment, by the implication of the context, and even by considerations arising out of what appears to be the general scheme of the act.'the learned chief justice proceeded to state:'...an endeavour must be made to solve it, as the judicial committee have said, by having recourse to the context and scheme of ..... resources with the intention to achieve the building of a welfare state and an egalitarian social order. the provisions have been incorporated ensure 'dispensation of social justice and economic justice'. h.m. seervai in constitutional law of india referred to the objects sought to be achieved by articles 38 and 39 and on the basis of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR730; 1998(5)KarLJ62
..... be put into action only when someone with real public interest ignites the jurisdiction. in a society like ours activism was considered essential for participative public justice for which some risks were considered to be taken by affording more opportunities for the public minded citizens to rely on the legal process and not ..... against public interest. reliance is also placed upon the 26th report of the committee on public accounts constituted by the karnataka state legislature for the year 1986-87; copy of the report is annexed to the writ petition as annexure-p. respondent 4 is stated to be personally interested in the matter as ..... legislate in connection with 'intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors'. chapter iv of the act deals with manufacture, possession and sale of intoxicating liquors, section 13 which forms a part of chapter iv prohibits manufacture, possession or sale of the excisable article .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ603
..... respect to offence against the society as a whole and not against a specific person or authority. dealing with crime and speaking for the supreme court, justice krishna iyer, judge in mohammad giasuddin v state of andhra pradesh , observed:--'crime is a pathological aberration, the criminal can ordinarily be redeemed. the state ..... for development costs are stated to have not been properly explained. according to the petitioner a case of offences within the meaning of prevention of corruption act and other penal laws is established which require further probe, enquiry and investigation.32. we have heard petitioners and their counsel. we have also heard ..... the subsidiary, china light and power company as bribe, kickbacks, commission, etc., during the years 1994-95 and 1995-96 in violation of prevention of corruption act, the indian penal code and fera for the following reasons:(a) bribes/kickbacks are considered a part of development cost internationally. (b) in foreign accounting practices .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(1)KarLJ224
..... concern should be: 1. whether a decision-making authority exceeded its powers? 2. committed an error of law. 3. committed a breach of the rules of natural justice. 4. reached a decision which no reasonable tribunal would have reached or, 5. abused its powers. therefore, it is not for the court to determine whether a ..... departure from the rule but then the reasons for the departure must be rational and should not be suggestive of discrimination. appearance of public justice is as important as doing justice. nothing should be done which gives an appearance of bias, jobbery or nepotism'.42. in all these cases it has been held that ..... government of india and government of karnataka:1. environment (protection) act, 1986.--section 3(1) and section 3(2)(v).2. environment (protection) rules, 1986.-rule 5(3)(a).3. water (prevention and control of pollution) act, 1974.--section 25.4. air (prevention and control of pollution) act, 1981.--section 21.5. clearance and confirmation from gok that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR1809; 2001(2)KarLJ534
..... may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice'. sections 20 and 21 of the act provide for an appeal from the order of the tribunal to appellate tribunal and provides that the appeal has to be filed by party ..... of the industrial finance corporations act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986)'. section 35 of the act confers power on the central ..... government to remove the difficulties arising in giving effect to the provisions of the act and to pass such orders by being published by .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant412; ILR2001KAR3729; 2001(6)KarLJ413
..... a protective home within the meaning of clause (g) of section 2 of the immoral traffic (prevention) act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of the juvenile justice act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section ..... 2 of the mental health act, 1987 (14 of 1987); or (h) in receipt of annual income less than rupees nine thousand or such other ..... of the regular trial courts, manifold in proportion to the pending cases to secure their speedy trial and disposal to meet the ends of justice in accordance with law, legislated the act to provide alternative fora in the form of lok adalats for decision and disposal of the cases by functioning within the schemes framed under the .....
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