Court : Karnataka
..... any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the board, or with the government constituting the board, or with a local authority in the state, or with a company or corporation owned, controlled or managed by the government, for the ..... mahendra, government advocate for r1 to4 this writ petition is filed under articles226and227of the constitution of india, praying to call for the entire records in notification no.apg epc1692023 at annexure-t from the office of respondent nos.1 and2and to issue writ of certiorari and quash the impugned proceedings passed by the respondent no.3 in apg169epc/2023, bengaluru dated3105/2024, at annexure-s and vide notification passed by the4h respondent in no.apg169epc ..... ) 6 scc260, the following observations were made by the supreme court in the context of removal of a president of municipal council, in a democracy governed by the rule of law, once elected to an office in a democratic institution, the incumbent is entitled to hold the office for the term for which he has been elected unless his election is set aside by a prescribed procedure known to law. ..... board other than the member secretary is provided to hold the office for a term of three years from the date of his .....
Tag this Judgment!Court : Karnataka
..... , 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate government - 42 - or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned ..... when the offence was alleged to have been committed, in connection with the affairs of a state, of that government; - 40 - (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed: provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue ..... x x x (8) nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the magistrate and, where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or - 53 - documentary, he shall forward to the magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, ..... d.k shivakumar and officer grade employee of hal, was involved in property transactions on .....
Tag this Judgment!Court : Karnataka
..... , 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate government - 42 - or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned ..... when the offence was alleged to have been committed, in connection with the affairs of a state, of that government; - 40 - (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed: provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue ..... x x x (8) nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the magistrate and, where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or - 53 - documentary, he shall forward to the magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, ..... d.k shivakumar and officer grade employee of hal, was involved in property transactions on .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
Tag this Judgment!Court : Karnataka
..... 2018 c/w wp no.3624 of 2018 wp no.3625 of 2018 wp no.3632 of 2018 wp no.3642 of 2018 wp no.3829 of 2018 wp no.3943 of 2018 wp no.4381 of 2018 wp no.4671 of 2018 wp no.6074 of 2018 wp no.11889 of 2018 its officer or employees who are or have been in employment of the company or any other person directly or indirectly connected with the affairs of the company.24. ..... therefore, the special court established under section 435 cannot be equated with the court established under section 9 of cr.pc, since the power to establish and appoint a presiding officer is vested with the state government insofar as it relates to the sessions court under section 9 of cr.pc, and with the central government insofar as it relates to the special court under section ..... provision clearly states that the investigation report submitted by the sfio shall be deemed to be a report filed by a police officer under section 173 of the crpc, solely for the purpose of framing charges and not for the purpose of taking cognizance and ..... states that no court shall take cognizance of any offence of this act alleged to have been committed by any company or any officer thereof except on the complaint in writing of the registrar, a shareholder, or a person authorized by the central court on ..... a complaint before the special court established under section 435 of the act, 2013, presided by a single judge holding office as sessions judge appointed by the central government in concurrence with the chief justice of the high court.41. .....
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