Court : Karnataka
..... government, to prosecute would give an upright police officer the confidence to discharge his official duties efficiently, without fear of vindictive retaliation by initiation of criminal action, from which he would be protected under section 197 of the code of criminal procedure, read with section 170 of the karnataka police act ..... the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed or, as the case may be, was at the time ..... government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression central government occurring therein, the expression state government ..... (1963) 1 cri lj814 cited by mr poovayya, a three-judge bench of this court had, in the context of section 161 of the bombay police act, 1951, which is similar to section 170 of the karnataka police act, interpreted the phrase under colour of duty to mean acts done ..... exercising functions under a particular statute will not alter his status as an employee of the local .....
Tag this Judgment!Court : Karnataka
..... government, to prosecute would give an upright police officer the confidence to discharge his official duties efficiently, without fear of vindictive retaliation by initiation of criminal action, from which he would be protected under section 197 of the code of criminal procedure, read with section 170 of the karnataka police act ..... the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed or, as the case may be, was at the time ..... government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression central government occurring therein, the expression state government ..... (1963) 1 cri lj814 cited by mr poovayya, a three-judge bench of this court had, in the context of section 161 of the bombay police act, 1951, which is similar to section 170 of the karnataka police act, interpreted the phrase under colour of duty to mean acts done ..... exercising functions under a particular statute will not alter his status as an employee of the local .....
Tag this Judgment!Court : Karnataka Dharwad
..... to examine the contentions urged, it is relevant to refer to the following provisions of the act: s.2 (f) gambler means a person, who commits or abets the commission of any offence punishable under chapter vii of the karnataka police act, 1963 (karnataka act 4 of 1964) including an offence of gambling relatable to matka and punishable under the said chapter; s.3. ..... of the jurisdiction of a district magistrate or a commissioner of police, the state government is satisfied that it is necessary so to do, it may, by order in writing, directing that during such period as may be specified in the order, such district magistrate or commissioner of police may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the sub-section: provided that the period specified in the order made by the state government under this sub-section shall not, in the first instance, exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend .....
Tag this Judgment!Court : Karnataka
..... the requirement of sanction from the government, to prosecute would give an upright police officer the confidence to discharge his official duties efficiently, without fear of vindictive retaliation by initiation of criminal action, from which he would be protected under section 197 of the code of criminal procedure, read with section 170 of the karnataka police act. ..... not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (1 of 2014) (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with ..... atma ram, was rendered in an appeal from a judgment and order of the high court, whereby the high court had reversed the conviction of the policemen concerned under sections 330, 342, 343 and 348 of the penal code, holding the prosecution to be barred under section 161(1) of the bombay police act. ..... if the above tests are applied to the facts of the present case, the police must get protection given under section 197 of the code because the acts complained of are so integrally connected with or attached to their office as to be inseparable from it. .....
Tag this Judgment!Court : Karnataka
..... in light of the catena of judgments stated supra and in view of sub-clause (14) and (15) of section 2 of the karnataka police act, 1963 where the licencing of any place of the said order is required only - 12 - when it is a place of public amusement or it is public entertainment.11 ..... division bench of this court in the case of sanna adike belegarara recreation association stated supra, has held as under: as far as the judgment in rama recreation associations case interpreting the definition under sections 2(14) and 2(15) of the karnataka police act is concerned, no exception can be taken to the view expressed by the learned judge. ..... but, having regard to the clear cut definitions under sections 2(14) and 2(15) of the karnataka police act, the expression public therein cannot be reasonably construed to cover members of the club or their genuine ..... , in light of the settled proposition of law that it is not necessary to obtain any permission or licence for the purpose of carrying on recreational activities by any club or association as observed in the judgments stated supra, the respondent police authorities insisting upon the petitioner to get licence under the provisions of the karnataka police act, is arbitrary and unreasonable and calls for interference. ..... while separate legislation may be necessary for this purpose, the provisions in karnataka police act and other allied enactments and the provisions of ..... sri k.s.arun, learned high court government pleader for the respondents.6. .....
Tag this Judgment!Court : Karnataka
..... the definition of common gaming house, as defined under section 2(3) of the karnataka police act, is as follows: common gaming-house means a building, room, tent, enclosure, vehicle, vessel or place in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place, or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether he has a right to use the same or not, such profit ..... this petition is filed seeking to quash the proceedings in crime no.411/2011 of indiranagar police station, bangalore registered for the offence punishable under sections 79 and 80 of the karnataka police act. 2. ..... , bangalore alleging offences p/u/s 79-80 of the karnataka police act produced at annexure b. 1. ..... gaming in common gaming-house, etc, whoever is found in any common gaming-house gaming or present for the purpose of gaming shall, on conviction, be punished with imprisonment which may extend to one year and with fine provided that,- (a) for a first offence such imprisonment shall not be less than one month and five shall not be less than two hundred rupees; (b) for a second ..... naik, learned senior counsel for the petitioner and sri satish r girji, learned high court government pleader. 4. .....
Tag this Judgment!Court : Karnataka
..... 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 under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any ..... 1963) 1 cri lj814 cited by mr poovayya, a three-judge bench of this court had, in the context of section 161 of the bombay police act, 1951, which is similar to section 170 of the karnataka police act, interpreted the phrase under colour of duty to mean acts ..... made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate government or competent 21 authority, as the case may be, for the previous sanction of such government or authority for taking cognizance by the court of any of the offences specified in this sub-section, unless (i) such person has filed a ..... government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the 24 maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression central government occurring therein, the expression state government ..... interest of the company nor in the public interest .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
..... has led to his conviction by a criminal court or a court-martial, no person shall be dismissed or removed under sub-section (1) or sub-section (3) of section 20; unless he has be en in f ormed o f t he p ar t i c ul ar s of t he c aus e of ac t io n a gai ns t him a nd a l lowe d reasonable time to state in writing any reasons he may have to urge against his dismissal or removal from the service:provided that if in the opinion of the officer competent to order the dismissal or removal,it is not expedient or reasonably practicable to comply with the ..... the indian army were, in fact, the affected persons due to the reason that the ultimate conclusion of the court of inquiry could be applied against them and it could be asserted that they indulged themselves in malpractices for ensuring their enrolments, so, it can be safely held that the characters of the applicants who were subject to the army act, were not only involved but were also likely to ..... mr.tojan j.vathikulam and mrs.e.v.moly, central government counsels for the respondents in all the matters ..... -i, filed writ petition no.14548 of 2009 in the high court of karnataka at bangalore, challenging his discharge from service with effect from 12.5.2008. ..... to give due consideration to the reply/explanations so furnished by the person concerned and to accept or annul the same with a reasoned order (speaking order). ..... wandsworth board of works, (1963) 143 er 414, the principle was thus stated: "even god did not pass a sentence upon ..... 177 .....
Tag this Judgment!Court : Karnataka
..... the petitioner claiming to be the general secretary of human rights defenders forum, bengaluru - 560 002, filed this petition to (i) quash government order dated 27.05.2014, whereby the 3rd respondent was appointed as the member of state police complaints authority (for short 'spca'), from the civil society and (ii) strike down section 20-c of the karnataka police act, 1963 amended as per karnataka act no.30 of 2012 with effect from 09.08.2012. 2. ..... (prayer: this petition is filed under articles 226 and 227 of the constitution of india, praying to issue a writ of quo warranto for removal of the 3rd respondent as member of the state police complaints authority appointed by the respondent nos.1 and 2 in terms of the government order dated 27.05.2014 as per annexure-f and also to quash the government order dated 27.05.2014 as per annexure-f; to strike down the amended s.20c of the karnataka police act, 1963 as per annexure-c dated 09.08.2012.) 1. ..... learned senior counsel submitted that there being neither any arbitrariness nor illegality in the matter of issuance of government order as at annexure-f, the petition is liable to be dismissed. 6. ..... he submitted that after the order vide annexure-f was issued, the 3rd respondent being conscious of the importance of spca and his responsibility as the member attended the meetings of spca in all honesty and sincerity and devoted the time and energy without giving scope for any person to raise any kind of objection. .....
Tag this Judgment!Court : Karnataka
Reported in : 1991CriLJ1018; ILR1990KAR2099
..... the 3rd respondent in interfering with the hawking trade of the petitioners and also in prosecuting them under section 92(g) of the karnataka police act, 1963 (hereinafter referred to as 'the act') is unconstitutional and further the petitioners have prayed for a direction to the respondents to refund the fines collected from the petitioners besides payment of compensation and further for an order of interdiction restraining respondent-3 from interfering with the hawking rights of the petitioners in the trading area where ..... of the act envisages that in any local area to which the government by notification in the official gazette from time to time extends sub-section (1) or any clause thereof ..... historic city of delhi from an aesthetic point of view, by reducing congestion on the public streets and removing all encroachments which cause obstructions to the free flow of traffic, and rehabilitate those unfortunate persons who by force or circumstances are made to ply their trade or business on payments or public streets. ..... interest of the police may not be characterised as unjustified so long as it is intended to enforce the provisions of the act ..... for the petitioners laid special emphasis on possible highhandedness of respondent-3 or the police in trying to subdue the petitioners and similarly situate persons by methods which are not unfamiliar to common knowledge and submitted that the real power should be vested and exercised by the state and the corporation and not by the police. 18. .....
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