Court : Karnataka Dharwad
..... from the above, it is clear that section 3 of the prisoners act empowers the court to make an order requiring the person who is confined in any prison to be produced to answer the charge in another case. ..... section 6 of the prisoners act and section 269 of cr.pc authorizes the officer in-charge of the prison to abstain from complying with the order issued under section 3 of the prisoners act or under : crl.p. ..... empowered to arrest (notwithstanding the fact that he is not a police officer its stricto sensu)on a reasonable belief that the arrestee " has been guilty of an offence punishable" under the provisions of the special act is sufficient for the magistrate to take that person into his custody on his being satisfied of the three preliminary conditions, namely (1) the arresting officer is legally competent to make the arrest; (2) that the particulars of the offence or the accusation for which ..... to whom that court (4) for the purposes of sub-section (3), a court of small causes outside a presidency-town or city of hyderabad shall be deemed to be subordinate to the district : crl.p. ..... the court and submits to (emphasis supplied) if the third sentence of para 48 is discordant to niranjan singh, the view of the coordinate bench of earlier vintage must prevail, and this discipline demands and constrains us also to adhere to niranjan singh; ergo, we reiterate that a person is in custody no sooner he surrenders before the police or before the appropriate court. .....
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..... well that accused nos.1 and 2 belong to the said gang, the petitioner who is a responsible officer, working as a jail warder at hindalga central prison, belagavi, has provided a mobile phone with sim no.7259940446 to help them to destroy the evidence and also to contact their other associates from the prison and therefore, contended that the offence committed by the petitioner is heinous in nature and therefore, he is not entitled for the relief sought in this ..... being a public servant renders any help or support in any manner in the commission of organized crime as defined in clause (e) of section 2, whether before or after the commission of any offence by a member of an organized crime syndicate or abstains from taking lawful measures under the act or intentionally avoids to carry out the directions of any court or of the superior police officers in this respect shall be punished with imprisonment of either description for a term which may extend to three years ..... it, however, includes (a) communication or (b) association with any person with the actual knowledge or (c) having reason to believe that such person is engaged in assisting in any manner, an organised crime syndicate. ..... brief facts of the case are that, deceased siddappa arjun kanamaddi was the state president of youth wing of dalit sangarsha samiti. .....
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..... strenuously urged by mr fernandes that section 66-a(b) of the information technology act, 2000 provides maximum sentence of three years and section 420 crpc stipulates sentence of seven years and, therefore, it was absolutely imperative on the part of the arresting authority to comply with the - 17 - wp no.115362 of 2019 procedure postulated in section 41-a of the code of criminal ..... it is not disputed that no orders were obtained from the magistrate concerned with regard to handcuffing of the prisoners before taking them to court from jail and to the jail ..... the justification for handcuffing that has been offered about the undertrial prisoners trying to escape from custody does not stand scrutiny because the accused were social activists who were agitating for the protection of the rights of the tribals and at the time of arguments on the bail application of the accused persons, bail was not opposed by the prosecution on the ground of seriousness of the charges against them or the likelihood ..... whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in - 28 - wp no.115362 of 2019 confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with .....
Tag this Judgment!Court : Karnataka Dharwad
..... government of india had written a letter to the under secretary on 27.10.1987 - 8 - directing not to accept the co-prisoners' certificate of ten persons which includes the names of sri t.v.odisumath, sri c.y.kabbin and others, who had issued the certificate in favour of the ..... though this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge - 11 - rightly allowed the writ petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together with all arrears in ..... however, the respondent produced one more co-prisoners' certificate of one t.v.odisumath, but the central government had black listed the said co-prisoner and in view of the same, the law department was unable to consider the same for grant of pension to ..... the fsl officer, bengaluru submitted a report stating that the signature found in the co-prisoners certificate and the affidavit filed by the respondent are not signed by one and the same person. ..... law secretary to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate . ..... 4 of karnataka high court act, 1961, praying to set aside the order passed by the learned single judge in w.p.no.103549/ .....
Tag this Judgment!Court : Karnataka Dharwad
..... according to the counsel, though this court repeatedly considered the case - 13 - of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together with all arrears in favour of the ..... the government of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co- prisoners' certificate of ten persons which includes the names of sri t.v.odisumath and sri c.y.kabbin, who had issued the certificate in favour of the respondent ..... cancel the freedom fighters pension and the same is forwarded to the secretary dpar and notice was issued to the mother of the respondent to appear before the authority on 28.08.1999 along with necessary documents such as, prisoners certificate, court order, arrest warrant, co-prisoners certificate if any, in order to prove that, her mother had participated in the freedom movement. ..... , the law secretary to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate .-. ..... 4 of karnataka high court act, 1961, praying to, set aside the order passed by the learned single judge in w.p no.103751/2021 dated0410.2021 .....
Tag this Judgment!Court : Karnataka Dharwad
..... though this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together - 11 - with all arrears in favour ..... respondent herein produced the certificate of those two persons, the law secretary to the government gave an opinion on 24.09.2018 and 20.10.2018 that considering the co-prisoners certificate of black listed persons for granting pension would not be appropriate . ..... of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co- prisoners' certificate of ten persons which includes the names of sri.r.s.ballarwad and sri. ..... 04.11.1998, notice was issued to the respondent to appear before the authority on 08.12.1998 along with necessary documents, such as, prisoners' certificate, court order, arrest warrant, co-prisoners' certificate if any, in order to prove that, her husband had participated in the freedom movement. ..... but on verification, it was revealed that the co-prisoners' certificate produced by the respondent cannot be based for grant of family pension since their names are already black listed by the ..... 4 of karnataka high court act, 1961, praying to set aside the order passed by the learned single judge in w.p.no.103812/2021 .....
Tag this Judgment!Court : Karnataka Dharwad
..... the government of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co-prisoners' certificate of ten persons which includes the names of sri t.v.odisumath and sri c.y.kabbin, who had - 8 - issued the certificate in ..... though this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ - 11 - petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together with all arrears ..... on 30.04.2014 the respondent herein filed a representation along with photocopies of co-prisoners certificate in order to prove that respondent's husband had indeed suffered imprisonment during freedom fighters movement and requested the authorities to pay the freedom fighters pension ..... to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate . ..... he would further contend that, the co-prisoners' certificate produced by the respondent, is accepted by the initial committees and subsequently, rejected by the authority for the reason that, their names are black ..... 4 of karnataka high court act, 1961, praying to, set aside the order passed by the learned single judge in w.p .....
Tag this Judgment!Court : Karnataka Dharwad
..... government of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co- prisoners' certificate of ten persons which includes the names of sri t.v.odisumath and sri c.y.kabbin, who had issued the certificate in favour of the ..... though this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together with all arrears in favour ..... respondent has also failed to produce the authenticated original records like jail certificate, arrest warrant and co-prisoners' certificate in support of participation of her husband in - 8 - freedom movement during his life ..... law secretary to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate . ..... he would further contend that, the co-prisoners' certificates is produced by the respondent, accepted by the initial committees and subsequently rejected by the authorities ..... kallimani, advocates) - 2 - this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to set aside the order passed by the learned single judge in w.p.no.103253/2021 .....
Tag this Judgment!Court : Karnataka Dharwad
..... government of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co-prisoners' certificate of ten persons which includes the names of sri t.v.odisumath and sri c.y.kabbin, who had issued the certificate in favour ..... this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider her case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ petition and directed the appellants to take necessary steps to grant/disburse freedom fighters pension together with all arrears in favour ..... 01.09.2014, the respondent herein has filed a representation along with photocopies of co-prisoners' certificates and requested the authorities to pay the freedom fighters pension and family ..... , the committee headed by the second appellant, after holding a detailed enquiry, recommended to consider the representation of the respondent on the - 13 - basis of the co-prisoners' certificate issued by the above named odisumath and kabbin. ..... to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate . ..... kallimani, advocates) - 2 - this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to set aside the order passed by the learned single judge in w.p.no.103248 .....
Tag this Judgment!Court : Karnataka Dharwad
..... government of india had written a letter to the under secretary on 27.10.1987 directing not to accept the co- prisoners' certificate of ten persons which includes the names of sri t.v.odisumath and sri c.y.kabbin, who had issued the certificate in favour of ..... this court repeatedly considered the case of the respondent for grant of pension and directed the appellants to consider the case and to grant pension, in spite of that, the government failed to act upon it and as such, the learned single judge rightly allowed the writ petition and directed the appellants to comply with the directions issued by the single judge in w.p.no.114520/2019 and to pass ..... but the appellants were unable to consider the co-prisoners' certificate for the reason that, the central government black listed the names of those two co-prisoners, as such, the appellant no.1 rejected the claim of the respondent s mother vide ..... aggrieved by the said order, the mother of the respondent along with several persons filed w.p.nos.69316-69338/2010 and the learned single judge allowed the writ petitions and directed the appellants to ..... secretary to the government, after verification of the said certificates, gave an opinion on 24.09.2018 and 20.10.2018 that, considering the black listed co-prisoners' certificate for granting pension would not be appropriate . ..... kallimani, advocates) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to set aside the order passed by the learned single judge in w.p.no. .....
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