Court : Supreme Court of India
Reported in : AIR1998SC2496; 1998(2)ALD(Cri)400; 1998(4)ALLMR(SC)372; JT1998(5)SC64; 1998(4)SCALE266; (1998)6SCC66; [1998]3SCR837
..... under the rule making power conferred on it by section 23 of the lokayukta act, 1984, the state of karnataka has framed rules for recruitment of the staff in the lokayukta called the karnataka lokayukta (cadres, recruitment and conditions of service of the officers and employees) rules, 1988. ..... at the outset, it is necessary to refer briefly to the provisions of the prevention of corruption act, 1988, and of the karnataka state lokayukta act, 1984 in so far as they are relevant and to certain notifications adverted to by the parties before the high court.13. ..... 17819/94 that the police officers sent on deputation to the lokayukta to 'assist' the said authority under section 15(1) of the karnataka state lokayukta act, 1984 would cease to be police officers for purposes of section 17 of the prevention of corruption act, 1988, held mat the petition was liable to be partly allowed on the basis of the following reasoning. ..... that the notification dated 26.5.1986 issued under section 2(s) of the criminal procedure code, 1973 whereby offices of the lokayukta throughout the state were declared as police stations respect of jurisdiction mentioned against each of them - could not be of any help to the state inasmuch as those police officers on deputation in the police wing of the lokayukta could not have been asked to undertake any functions other than those of 'assisting' the lokayukta as specified in section 15(1) of the lokayukta act, 1984. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VAD(SC)300; AIR1998SC3047; 1998(2)ALD(Cri)435; 1998CriLJ4070; 1998(3)Crimes77(SC); JT1998(5)SC181; 1998(4)SCALE290; (1998)6SCC103; [1998]3SCR910; 1999(2)SLJ116(SC)
..... 1155 of 1993, only that part of the judgment is assailed, which deals with the interpretation of 'action' as defined in section 2(1) of the karnataka lokayukta act, 1984 (for short 'the k.l. ..... apropos to the preliminary inquiry the upalokayukta, by letter dated 18.5.93, called for comments of the respondent under section 9(3) of the lokayukta act. ..... section 7 deals with matters which may be investigated by the lokayukta or upalokayukta; section 8 enumerates matters which cannot be investigated under the act; sections 9 to 11 and rules 2 and 4 of the karnataka lokayukta rules, 1985 (for short 'the rules') prescribe procedure relating to complaints and investigations. ..... matters which may be investigated by the lokayukta and an upalokayukta - (1) subject of the provisions of this act, the lokayukta may investigate any action which is taken by or with the general or specific approval of, - (i) the chief minister; (ii) a minister or a secretary, (iii) a member of the state legislature; or (iv) any other public servant being a public servant of a class notified by the state government in consultation with the lokayukta in this behalf; in any case where a complaint involving a grievance or an allegation is made in respect of such action. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)ARBLR340(SC); 2006(6)BomCR309; [2006]134CompCas119(SC); JT2006(8)SC230; 2006(8)SCALE668; (2005)11SCC521; 2006AIRSCW5130
..... the purpose of arbitration proceedings under section 21 includes a small cause court;the definition of 'court' in the two sections are, therefore, pari materia except that under the 1996 act, the definition restricts subordinate courts competent to hear such matters to the principal civil court and expressly includes high courts in exercise of their original civil jurisdiction.on a plain reading of ..... of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes;'court' has been defined in the arbitration act, 1940 as follows:section 2(c): 'court' means a civil court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of ..... that the bombay high court had no jurisdiction to entertain the petition filed by the respondent in the bombay high court under section 9 of the act;b) the high court erred in holding that by virtue of clause 12 of the letters patent act, the bombay high court has jurisdiction to entertain the petition filed by the respondent in the bombay high court;c) the high court failed to ..... words, the appellant seek to impugn the judgment dated 02.03.2006 whereby the high court has held that jurisdiction of the court under the provisions of the arbitration act may be assumed by a court exercising jurisdiction in a place where no part of the cause of action has arisen, if the respondent being a company has a corporate office at the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC146; 2007(11)SCALE406; (2007)7SCC779
..... electricity (regulation of supply, distribution, consumption and use) (1st amendment) order, 1984 by which clause 9 of the 1977 order was amended and it was substituted by the following:9. ..... (1) without prejudice to the provisions contained in section 42 of the indian electricity act, 1910, all chief zonal engineers, superintending engineers, executive engineers, assistant executive engineers and assistant engineers of the uttar pradesh state electricity board, the chief electrical inspector, all deputy electrical inspectors and ..... by this, clause iii of the first amendment order was substituted and the same was made applicable with effect from 1-5-1984 and was to remain in force until withdrawn. ..... first in point of time --5 days(b) contravention second in point of time -- 10 days(c) contravention third in point of time --20 days(d) contravention beyond third point of time -- permanently:provided that for the purposes of this clause any contravention prior to 1-5-1984 shall not be taken into account. ..... the state government of uttar pradesh issued a notification under section 22b of the electricity act, 1910 (hereinafter to be referred to as 'the act of 1910') known as the u.p. ..... electricity (regulation of supply, distribution, consumption and use) (second amendment) order, 1984 on 21-5-1984 and it was made applicable with effect from 1-5-1984. ..... the amended order of 1984 was initially applied from 1-5-1984 to 21-5-1984. ..... this order was amended on 30-4-1984, known as the u.p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)BLJR2792; JT2007(11)SC369; 2007(11)SCALE439; (2007)8SCC264; 2008(1)SLJ368(SC); 2007AIRSCW6036
..... 1961);(v) any person holding any office in, or an employee of-(i) a government company within the meaning of section 617 of the companies act, 1956; or(ii) a corporation or local authority established by state government under a central or state enactment. ..... under section 55(1) of the madhya pradesh cooperative societies act, 1960 (hereinafter referred to as 'the act'), the registrar of cooperative society has been given power to frame service rules of the employees working under different cooperative institutions and in furtherance of the powers given under the aforesaid provision, ..... within the purview of the employment exchange (notification of vacancies) act, 1959 shall be duly notified to the employment exchange concerned. ..... his submission, learned senior counsel appearing for the bank, heavily relied on the report of lokayukta. ..... , in the state of tamil nadu, a large number of employees of cooperative societies were appointed without notifying the vacancies to the employment exchange and without following the other mandatory provisions of the act and the rules framed thereunder relevant to recruitment. ..... who have been selected is not the question under consideration but the question is could such selection be acted upon in the matter of public employment? ..... our considered opinion, is not and cannot be the mode of recruitment by any 'state' within the meaning of article 12 of the constitution of india or any body or authority governed by a statutory act or the rules framed thereunder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726
..... the suitability of a person for appointment as upa-lokayukta has primacy over the views of others involved in the consultation ..... several related questions require consideration, including whether the upa-lokayukta is a quasi-judicial authority or is only (without meaning any disrespect) an investigator; who should initiate the process of appointment of an upa-lokayukta; what is meant by consultation in the context of section 3(2)(b) of the karnataka lokayukta act, 1984 (for short the act); whether consultation is at all mandatory under section 3(2)(b) of the act; how is the process of consultation required to be carried out; whether the view of the chief justice of the karnataka high court regarding ..... the principal question for consideration is whether the appointment of justice chandrashekaraiah as an upa-lokayukta was in accordance with the provisions of section 3(2)(b) of the karnataka lokayukta act, 1984 which requires consultation, inter alia, with the chief justice of the karnataka high court. .....
Tag this Judgment!Court : Supreme Court of India
..... the suitability of a person for appointment as upa-lokayukta has primacy over the views of others involved in the consultation ..... several related questions require consideration, including whether the upa-lokayukta is a quasi-judicial authority or is only (without meaning any disrespect) an investigator; who should initiate the process of appointment of an upa-lokayukta; what is meant by consultation in the context of section 3(2)(b) of the karnataka lokayukta act, 1984 (for short the act); whether consultation is at all mandatory under section 3(2)(b) of the act; how is the process of consultation required to be carried out; whether the view of the chief justice of the karnataka high court regarding ..... the principal question for consideration is whether the appointment of justice chandrashekaraiah as an upa-lokayukta was in accordance with the provisions of section 3(2)(b) of the karnataka lokayukta act, 1984 which requires consultation, inter alia, with the chief justice of the karnataka high court. .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of ..... this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governor of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act ). ..... appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... as far as the gujarat lokayukta act is concerned, the proviso to section 3(1) of the gujarat lokayukta act is relevant which is to the following effect: 3(1) for the purpose of conducting investigations in accordance with provisions of this act, the governor shall, by warrant under his hand and seal, appoint a person to be known as the lokayukta.provided that the lokayukta shall be appointed after consultation with the chief justice of the high court and except where such appointment is to be made at a .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of selection, consultative procedures etc. ..... the later decision of this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governor of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act). ..... dated 11.01.2013 in civil appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... after holding so, by referring to section 3(1) of the orissa lokpal and lokayuktas act which is in pari materia with the gujarat act, this court by making specific reference to the decision which came up to this court in justice k.p. .....
Tag this Judgment!Court : Supreme Court of India
..... the later judgment has also considered similar such provisions contained in andhra pradesh lokayukta act, 1983, assam lokayukta and upalokayukta act 1985, bihar lokayukta act 1973, chhattisgarh lok aayog adhyadesh, 2002, delhi lokayukta and upa-lokayukta act 1995, gujarat lokayukta act 1986, jharkhand lokayukta act, 2001, haryana lokayukta act, 2002 and kerala lokayukta act, 1999 and held that each state has adopted different eligibility criteria, method of selection, consultative procedures etc. ..... the later decision of this court considered the question about the primacy of the views expressed by the chief justice of the high court of karnataka in making appointment to the post of lokayukta and upa- lokayukta by the governot of karnataka in exercise of power conferred on him under section 3(2)(a) and (b) of the karnataka lokayukta act, 1984 (hereinafter called as karnataka act ). ..... dated 11.01.2013 in civil appeal nos.197-199 of 2013 @ slp (c) nos.15658-15660 of 2012 which related to appointment of upa-lokayukta under section 3 of the karnataka lokayukta act, 1984. ..... after holding so, by referring to section 3(1) of the orissa lokpal and lokayuktas act which is in pari materia with the gujarat act, this court by making specific reference to the decision which came up to this court in justice k.p. .....
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