Court : Karnataka
Decided on : Sep-23-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Declare That The Suspension Order At Ann-B Dated 14/5/2014 Is Ultra Vires The Powers Conferred Under Article 317(2) Of The Constitution, Ab-Initio Void, Without The Decision Of Council Of Ministers, Premature And Violative Of Article 21 Of The Constitution Of India.) 1. Petitioner is a member of the Karnataka Public Service Commission (hereinafter, referred to as "the KPSC"), appointed under Article 316 of the Constitution. She has assailed her suspension, which is by order dated 14/05/2014. Petitioner was appointed as a member of KPSC on 24/11/2012. The impugned order of suspension has been passed by His Excellency, the Governor, State of Karnataka, in exercise of the powers conferred under clause (2) of Article 317 of the Constitution. The basis for the impugned order is, allegation of corruption against the petitioner in selection of Gazetted Probationers. 2. The State Government...
Tag this Judgment!Court : Karnataka
Decided on : Aug-22-2014
(Prayer: This Crl.P Filed U/S. 482 Cr.P.C. By The Advocate For The Petitioners Praying That This Hon'ble Court May Be Pleased To Set Aside The Order Dated 05.7.2012 Passed By The Jmfc Suliya In Pcr No. 94/2012 Produced At Annexure-A Taking Congnizance Of The Complaint Filed By Repondent No.1 Dated 05.7.2012 Produced At Annexure-E And The Order Dated 31.7.2013 Passed By The Jmfc, Suliya In Pcr No. 94/2012 Taking Cognizance Of The Offence And Ordering For Registering Crl. Case Against The Petitioner Herein Which Is Numbered As C.C.No. 659/2013 Produced At Annexure - B.) 1. Petitioner is a combatant police officer of the State Government presently serving as the Deputy Commissioner of Police (Crime),Bangalore. He has brought in question initiation of prosecution against him and others on the complaint of the 1st respondent-Prakash Hegde for offences punishable under the provisions of Sections 323, 324, 330, 504 and 506 read with Section 34, I.P.C. in PCR.94/12 vide Annexure-A. 2. Upon pri...
Tag this Judgment!Court : Karnataka
Decided on : Aug-05-2014
(Prayer: This Writ Petition Is Filed Under Article 226 Of The Constituion Of India Praying To Direct Respondent No.2 To Register Regular Case/First Information Report Against The Offender M/S. Beml Ltd., Vrs. Natarajan, M/S.Champion Textiles Limited, Board Of Directors And Shareholders Of M/S.Champion Textiles Ltd., Bangalore and Etc.,) D.H.Waghela, CJ Oral Order: 1. This petition is filed as a public interest litigation with a prayer to direct respondent No.2 to probe into the illegally exported iron-ore in collusion with mining mafia to the tune of Rs.118 crores by one Mr.V.R.S.Natarajan, CMD of M/s.BEML Limited, Bangalore and others, in the financial year 2007-2008, through M/s.BEML Limited, Bangalore, without any authority under law and valid legal papers. It is further stated in the petition itself that the petitioner is a shareholder of M/s.BEML Limited, incorporated under the Companies Act, 1956 and the Hon'ble President of India holding more than 54% of equity shares of that Co...
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Dec-24-2014
S.S. Shinde, J. 1. This Appeal is filed by the State, challenging the Judgment and Order of acquittal dated 25.09.1995 passed by the 4th Additional Sessions Judge, Jalgaon in Sessions Case No. 124 of 1992, thereby acquitting the accused for the offence punishable under Section 302 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: The case of the prosecution is that the deceased [a deserted married woman] was residing with her parents at Fekari. The parents of deceased agreed to purchase a house and earnest amount Rs.2,000/- was paid. But sale deed was not executed. Accused are related to both purchaser and seller. A serious dispute arose in between deceased and her family members and accused. Due to this, accused on 14.08.1991 around 2.30 set the deceased on fire resulting in her death. She was taken to Hospital by her grandmother and other relatives. She died on 15.08.1991. Two dying declarations were recorded; one by Police Head Constable and other by E...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-20-2014
A.B. Chaudhari, J. 1. Writ Petition No. 2296/1998 was called out for hearing on 10.11.2014 and none remained present for the petitioner while Mr. S. C. Mehadia, Advocate represented respondent-WCL. The question arising in the petition being of substantial importance, this Court decided writ petition on merit and dismissed it on 10.11.2014 itself, but reasons were to follow. Thereafter, it was brought to our notice that Writ Petition Nos.1181/1997, 1190/1997 and 2249/1998, in which same question is involved, are also pending for final hearing. Therefore, we decided to hear these three writ petitions and then record our reasons for deciding all these cases together. Accordingly, Mr. P. D. Meghe and Mr. B. Lahiri, Advocates for the petitioners, were heard in these three writ petitions on 11.12.2014. 2. In Writ Petition Nos.2296/1998 and 2249/1998, the petitioner-Lal Zenda Coal Mines Mazdoor Union (CITU) and its General Secretary Mohd. Tajuddin s/o Late Mohd. Haneef-petitioner no.2 had, ch...
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Dec-19-2014
S.S. Shinde, J. 1. This appeal is filed by the State of Maharashtra, aggrieved by judgment and order passed by the 3rd Additional Sessions Judge, Nanded on 30th August, 1995, thereby acquitting the Respondents for the offence punishable under section 307 r/w 34 of the Indian Penal Code. 2. The case of the prosecution, in brief, is as under: (i) That, the complainant Vandanabai w/o Satyanarayan Thakur is the resident of Gadipura, Renuka Mandir, Nanded. Vandana has two sons namely Dhanraj and Dhanprakash. She has one daughter by name Rajkumari. Vandana's husband Satyanarayan is electrician by profession and does the work of repair of fans and electric motors. At the time of incident, Vandana was residing with her husband and children in the house in Gadipura area. Satyanarayan has two married sisters namely Vimalbai and Karunabai. (ii) Accused and complainant Vandana at the relevant time were residing in the same Wada situated at Gadipura. Accused Nos.2, 4, 5 and 6 are the sons of accuse...
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-2014
INDEX AND STRUCTURE I. PRELIMINARY ....................................................................................3 Summary of Final Conclusion....................................................... 4 II. BACKGROUND and HISTORY OF THE PETITION.......................5 A. The Original Petition.....................................................................5 B. Admission of the Petition, and appeals........................................... 9 C. The Supreme Court Judgment of 2008......................................... 11 D. The amendment of 2008 ..............................................................13 III. QUESTIONS FOR DETERMINATION ........................................15 IV. RIVAL SUBMISSIONS and FINDINGS ............................................16 A. Maintainability and Sufficiency of Pleadings...................................16 B. Limitation...................................................................................23 C. Admissions and Indebtedness;...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-08-2014
V.M. Deshpande, J. 1. On reference being made by learned Additional Sessions Judge, Washim, the present Confirmation Case bearing Criminal Confirmation Case No.1/2014 arises for confirming the capital punishment awarded by learned Addl. Sessions Judge, Washim in Sessions Trial No.51/2012 to condemned prisonerRamesh Jijeba Lahane. Ramesh Lahane has also independently challenged the said judgment by presenting Criminal Appeal No.301/2014. According to him, not only the capital punishment is excessive but the very finding of the learned Judge of the Court below holding him guilty of committing murder of Vishwanath Lahane, is unsustainable. (I) FACTUAL MATRIX The prosecution case as it is unfolded during the course of the trial, is narrated as below:- Namdeo Wamnrao Rathod (PW 10) on 11.2.2012 was discharging his duties as Police Station Officer of Police Station, Washim (Rural). On 11.2.2012 Atmaram Ukanda Kalbande, Police Patil of village Zakalwadi came to Police Station, Washim (Rural)....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Nov-20-2014
A.B. Chaudhari, J. 1. Rule. Rule returnable forthwith. Heard finally by consent of learned counsel for the petitioners. 2. By the present petition, the petitioner-Indian Railways have put to challenge the judgment and order dated 28.01.2014 passed by Central Administrative Tribunal, Circuit Bench, Nagpur, in O.A. No.2094/2006, which made an order for grant of pension to the two widows of the deceased railway employee in equal share. In support of the writ petition, Mr. Lambat, learned counsel for the petitioners, submitted that the tribunal committed error in making the impugned order particularly when the marriage of the second wife/widow of the deceased railway employee was clearly illegal and in violation of Section 11 of the Hindu Marriage Act being the second marriage during the lifetime of the first wife, who was not divorced. He, therefore, submitted that in the wake of void marriage of the second wife/widow, the tribunal could not have made an order, contrary to the law. He, th...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-14-2014
1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties. 2. By this petition, the petitioner has that the impugned Award dt.14.2.2014 be quashed and set aside whereby the action of the management of the State Bank of India through its Assistant General Manager, Region VI (Disciplinary Authority) and Deputy General Manager (Appellate Authority) in terminating the services of the workman namely Shri P.C.Mahadole w.e.f. 15.9.2005 was held as illegal and unjustified. The punishment of dismissal from service without notice imposed against the workman was quashed and set aside by the impugned order and the workman was held entitled for reinstatement in service with continuity and also to 25 % backwages from the date of his dismissal from service till the date of his actual reinstatement in service and with all other consequential service benefits. The petitioners were directed to implement the Award within one month from the date of noti...
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