Judgment Search Results Home > Cases Phrase: karnataka police act 1963 section 177 persons interested may apply to government to annul reverse or alter any order Page 7 of about 443 results (0.303 seconds)

Ahamed @ Mudassir Vs. The Special Executive Magistrate and Deputy Comm ...

Court : Karnataka

..... is filed under section 397 r/w 401 of cr.p.c challenging the order dated 16.12.2015 passed by the special executive magistrate and deputy police commissioner, mysuru, against this petitioner under section 55-a of the karnataka police act, 1963. ..... this section enables any police officer to arrest any person if he commits any cognizable offence, in the presence of police officer or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or ..... section 110 empowers the executive magistrate to call upon a person to show cause as to why he should not be made to execute a bond to keep a good behaviour, provided such person is a ..... subsection (g) of section 110 also invests in the executive magistrate to call upon a person if he is found to be dangerous or hazardous to the community ..... of show cause notice, petitioner has executed a personal bond undertaking himself to keep good behaviour. ..... submitted by learned hcgp that pursuant to the receipt of notice dated 22.7.2015, petitioner has executed a bond undertaking himself not to indulge in any criminal activities for a period of three years. ..... , the petitioner is involved himself in any criminal activities or his behaviour has become so dangerous or hazardous to the community, so as to extern him from his ordinary place .....

Basappa Basavantanpa Sureban and ors. Vs. Ningangouda Dyavanagouda Pat ...

Court : Karnataka

Reported in : 1978CriLJ460

..... be taken unless the prior complaint in writing by the court was filed and, (2) under section 170 of the karnataka police act, a-2 to a-4 having accompanied the head-constable a-l, in furtherance of the performance of his public duty, were the other persons accompanying the police officer, and the entire offence being committed in the same transaction, the prosecution could not be entertained except with the previous sanction of the government.while elaborating his argument under the first point referable ..... to section 195 of the code of criminal procedure, the learned counsel relied upon the very ..... in that case their lordships were dealing with the order of the magistrate issuing process in a complaint case and categorized certain cases in which the order of the magistrate issuing process could be quashed or set aside by the ..... , the head cons table, could not be proceeded against, as he was performing his public duty and hence he could not be summoned for any of the offences alleged against him. ..... present proceedings against the petitioners-accused may, therefore, be quashed. .....

Minerva Talkies, Bangalore and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR1988SC526; JT1988(1)SC36; 1988(1)SCALE10; 1988Supp(1)SCC176; [1988]2SCR511; 1988(1)LC433(SC)

..... these appeals and writ petitions involve two questions of law; (i) whether rule 41-a of the karnataka cinemas (regulations) rules (hereinafter referred to as the rules) framed by the state government under section 19 of the karnataka cinemas regulations act of 1964 (karnataka act 23 of 1964) (hereinafter referred to as the act) has been made 'for purposes of the act', and (ii) whether rule 41-a places unreasonable restrictions on the appellants' right to carry on their business of exhibiting cinematograph films in violation of article 19(1)(g) of the ..... section 14 further confers powers on the state government to issue orders and directions of general character which it may consider necessary in respect of any matter relating to the exhibition of the cinematograph ..... state of mysore (1963 (1) mysore law journal 28), in support of his contention that rule 41-a does not regulate the exhibition of cinematograph films instead it is prohibitory in nature and the restriction so placed is not in the interests of the general ..... providing for prevention of disturbance thereat; (3) subject to any modification made under section 22, every rule made under this act shall have effect as if enacted in this act.section 22 provides for placing the rules before each house of the state legislature, which has power to modify, amend or annul the same. ..... section 4 of the act provides that no person shall exhibit cinematograph films in a place except in accordance with the licence issued under the act .....

Mohammad Vazeer Ahmed Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR1322

..... government has accorded sanction under section 170 of the karnataka police act, 1963 to prosecute petitioner for alleged offences under sections 302, 305, 342 and 201 of indian penal code, said to have been committed while he was working as deputy superintendent of police, madhugiri. ..... the fact that order is preceded by an order under section 170 of the police act itself, prima facie, indicates that steps are being taken to file charge sheet. ..... subramanya jois, learned counsel for petitioner, is that impugned suspension order is not due to contemplated departmental enquiry or pending of an enquiry, hence will not fall within the purview of clause (a) of rule 5 of the karnataka state police(disciplinary proceedings) rules. ..... thereafter, on proposal made by director general and inspector general of police, petitioner has been kept under suspension as per impugned order dated 13-1-1986.2. ..... government can pass an order of suspension when the commission of an offence is under investigation or on trial, if any, only under clause (b) of rule 5. ..... his submission is that in the instant case, investigation is over and trial is yet to commence and under those circumstances, clause (b) is also not attracted, hence impugned order of suspension is without jurisdiction.3. ..... till police submits a report in one form or the other, it is not possible to accept the plea that investigation is over and during the interregnum i.e. ..... undisputedly, police have filed neither 'a', 'b', nor 'c' sheet. .....

Mr. N.K.P. Abdul Haq S/O Late Abdul Raheem, Managing Partner, Hotel Em ...

Court : Karnataka

Reported in : ILR2009KAR3641; 2009(6)KarLJ557

..... arise for consideration in these petitions is as to:whether the order impugned passed by second respondent is in accordance with law?after careful perusal of the order impugned passed under the relevant provisions of the karnataka police act, 1963, i do not find any error of law or material irregularity as such committed by the second respondent in passing the order impugned dated 19th may 2009, imposing the restriction in the opening and closing ..... out that, in the impugned order passed by second respondent, it is categorically stated that, if any person owning or having in interest and managing a place of public entertainment is desirous of keeping any particular place of public entertain open during the restricted period from 00:00 hrs to 06:00 hrs or part thereof, he shall apply in writing to the undersigned duly stating the reasons as to why he would like to keep open any particular place of public entertainment ..... with the imposition of restriction on the working hours is section 11 of the said act read with rule 7 of the karnataka shops and commercial establishments rules, 1963 ('rules' for short), it is the further case of petitioner that, the state government, by exercising the power conferred under the aforementioned provision, has ..... the order of the court it is clear that the issue as to whether an exemption granted under the second schedule to the bombay shops and establishment act, 1948 could be overridden by an administrative circular which did not purport to alter the .....

S. Mariswamy, I.P.S. (Retd.) S/O S. Siddaiah and Rama Subba, Deputy Co ...

Court : Karnataka

Reported in : ILR2007KAR3040; 2007(6)KarLJ417; 2007(3)KCCR1751; 2007(5)AIRKarR37; 2007CriLJNOC839.

..... section 170 of the karnataka police act, 1963 also is to the effect that no prosecution or suit shall be entertained against a police officer except the previous sanction of government in respect of any act done under the colour or in excess of any such duty by the police ..... that, if a police officer while dealing with law and order on duty, uses force against unknowing persons for has own defence or to others defence, the offence that arises out of the said act falls within the ambit of section 197 of the code of criminal procedure as well as section 74(3) of the karnataka police act. ..... keeping in view, that the complainant was seeking to set the criminal law into motion and therefore the court ought to have taken all care and caution and ought to have applied its mind to the propositions of the law bearing on the point and without doing such an exercise, the trial court in the instant case, has mechanically proceeded to take cognizance ..... was submitted that the allegations in the private complaint are more in the nature of general complaint and are, according to the complainant himself, in the nature of public interest litigation and further the very prayer in the complaint is for paying compensation and therefore the complaint could not have been filed before the trial court and at best, ..... it envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to any order under the code, (ii) to prevent abuse of the process of court and .....

Hanumanthappa Vs. S.B. Mastamaradi

Court : Karnataka

Reported in : 2003CriLJ4359; ILR2004KAR152; 2003(5)KarLJ277

..... section 170 of the karnataka police act, 1963 ..... and section 170 of the karnataka police act to take cognizance ..... section 170 of the karnataka police act ..... section 170 of the karnataka police act ..... it was held thus: 'the sub-inspector was not entitled to the protection conferred by section 170(1) of the mysore police act and no previous sanction of the government was, therefore, necessary for prosecuting him. ..... --when any person who is or was a judge or magistrate, or a public servant 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 ..... thereafter, they were produced before the medical officer, general hospital, ranebennur and then took them to the police station and illegally confined them in the police station from 1-4-1995 to 3-4-1995, without allowing them to go out and then produced them before the court on the ..... fact that after presentation of the complaint the trial court took the cognizance of the case and thereafter recorded the statement of the complainant and passed the impugned order only on the ground that the prior sanction to prosecute the respondent is not obtained. ..... been held that whether sanction is necessary or not may have to be determined from stage to stage. ..... the necessity may reveal itself in the course of the ..... this behalf a reference may be made to a .....

M.R. Hiremath Vs. State of Karnataka and Another

Court : Karnataka

..... - (1) every information relating to the commission of a cognisable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in rating or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf: ..........." 8. ..... the petitioner is aggrieved by the action of the lokayuktha police in registering the case against him under sections 7 and 8 of the prevention of corruption act, 1988 (hereinafter referred to as 'the act' for brevity) by arraying him as the first accused. ..... the state by karnataka lokayuktha police and another (authored by me), the transcription of the voice recording of the accused prior to registration of the case since was incorporated in the trap mahazar, was held as vitiating the further investigation ..... while ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time-bound and in any case it should not exceed 7 days. ..... reported in 2012 (3) kccr 1738 whereby it was held "recording of conversation for demand of bribe does not constitute preliminary enquiry rather it amounts to collecting of evidence applies to the present case". ..... committee, since de-notification if ordered, it would adversely affect the layout .....

Hariraj Shetty Vs. State of Karnataka, Represented by the State Public ...

Court : Karnataka

..... crimes are registered against the common petitioner and others for the offences punishable under sections 78(l)(a)(vi), 79, 78(i)(b) of the karnataka police act, 1963,. ..... the petitioner asserted that the said activity is dot gambling, attempt to book a case against them under section 78(l)(a)(vi), 78(i)(b) and 79 of the karnataka police act, is contrary to the provisions of sections 79, 80 and 81 of the karnataka police act and also opposed to the judgments rendered by the co-ordinate bench of this court in the aforesaid writ ..... also brought to the notice of this court that on earlier occasion when w.p.nos.27530/2013, 57213/2013 and 12292/2014 were filed and orders were secured in the said proceedings, the court was misled to believe that the police are unnecessarily harassing these associations, which are conducting skilled game for the benefit of their members, pursuant to registration secured from the registrar of societies ..... seen that at the time of raid, police said to have noticed several persons involved in the activity of gambling in the said place, which the petitioner tried to explain as skilled game as defined under section 2(7) of the karnataka police act. ..... watching of the cd does not infuse any kind of confidence in the mind of this court regarding petitioner's claim that the registered association is carrying on recreation activity ..... instances, the prior consent of the dcps concerned shall be obtained before undertaking any legal action. ..... any infringements will be viewed .....

State by Thippagondanahalli Police Station Vs. Chikkabala Naika and or ...

Court : Karnataka

Reported in : ILR2002KAR5151; 2002(6)KarLJ165

..... 1059 --effect and purport -- order has statutory force made by inspector general of police under section 21 of the karnataka police act, 1963 -- procedure to make entry -- no disclosure of name entered in register -- no authorisation to take photographs, but, if available to be used intra-departmentally nor identification only -- no restriction on movements for intrusion into privacy -- close watch of movements only for maintenance of ..... has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report, and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the state government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and if necessary, to take measures ..... relied upon by the learned counsel for the respondent from this judgment is at page 201 which reads as under; 'it is important to notice that where the investigation is conducted not by the officer-in-charge of the police station but by a subordinate officer (by virtue of one or other of the provisions enabling him to depute such subordinate officer for any of the steps in the investigation) such subordinate officer is to report the result of the investigation to the officer-in-charge of the .....