Court : Gujarat
Reported in : 1997CriLJ2896; (1997)2GLR38
K.J. Vaidya, J.1. This is quite an extraordinary case depicting the story of 'Diya or Toofan' where the 'burning torch of the 'Rule of Law' to quite some large extent has been caught surrounded by the stormy cyclonic winds of gross misconduct, indiscipline and abuse of power demonstrating the 'Rule of utter Lawlessness' by some top Government officials dangerously, blowing across the public administration violating, nay rooting out the law at their sweet will, whims and caprice suiting to their selfish exigencies and expendiencies helping out the accused releasing them from the clutches of law !! Now, taking into consideration the startling fact that in some serious cases wherein after the sanction was granted, the corruption cases against some influential public servants came to be withdrawn at the instance of the Home Department in the name of State, leaves no manner of doubt that to the said extent the torch of 'Rule of Law' stands extinguished in the State of Gujarat!! This is simp...
Tag this Judgment!Court : Kolkata
Reported in : 2009CriLJ2727
ORDERArunabha Basu, J.1. Scope and object of the amended provision of Section 202 of the Code of Criminal Procedure (hereinafter called the Code), is the subject-matter of present discussion, which arises out of revisional application filed under Section 401 read with Section 482 of the Code, whereby and whereunder the legality and propriety of the order passed by the learned Chief Judge, City Sessions Court, in connection with Criminal revision No. 146 of 2006 is sought to be assailed by the petitioners herein.2. Petitioners herein instituted complaint case registered as Complaint Case No. 6333 of 2006 under Sections 406/409/465/467/471/477A and 201 of the Indian Penal Code against eight persons including the company.3. Fact of the case on which the aforementioned complaint case was initiated is not relevant for the purpose of present discussion, save and except, that some of the accused persons as mentioned in the petition of complaint, are residents which falls outside for jurisdict...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.120 OF2012Manohar Lal Sharma .Petitioner Versus The Principal Secretary and Ors. Respondents WITH WRIT PETITION (CIVIL) NO.463 OF2012WITH WRIT PETITION (CIVIL) NO.429 OF2012WITH WRIT PETITION (CIVIL) NO.498 OF2012WITH WRIT PETITION (CIVIL) NO.515 OF2012AND WRIT PETITION (CIVIL) NO.283 OF2013ORDER R.M. LODHA, J.The question for the purposes of this order really resolves itself into this: whether the approval of the Central Government is necessary under Section 6A of the Delhi Special Police Establishment Act, 1946 (DSPE Act for short) in a matter where the inquiry/investigation into the crime under the Prevention of Corruption Act, 1988 (PC Act for short) is being monitored by the Court. It is not necessary to set out the facts in detail, suffice, however, to say that the Central Bureau of Investigation (CBI) has registered preliminary enquiries (PEs) against unknown public servants...
Tag this Judgment!Court : Patna
S.N. Jha, J.1. The Oriental Insurance Company Limited and its officials -- five in number -- posted in the regional offices at Patna, Bangalore and Gauhati, and the branch office at Patna have come to this Court for quashing the order of the Judicial Magistrate 1st Class, Patna dated 24-5-2000 in Complaint Case No. 610/2000 taking cognizance and issuing processes under Sections 406, 409 and 420 Indian Penal Code against them.2. The case of the complainant-opposite party, M/s. Poddar Industries, is that it is a partnership firm. In 1992 the Branch Manager of the petitioner company approached its partner and requested him to insure the factory building with all equipments along with the boundary wall and the partners agreed for the same. The rate of premium was thereafter fixed after site inspection as per the cost value of the goods insured. Finally, the company issued fire policy 'C' with coverage of special perils like flood etc. for one year. The policy was renewed every year. The ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ2142
ORDERMuzaffar Hussain Attar, J.1. By sheer instinctive compulsions, parents want their children not only to surpass their own achievements but also to soar to dazzling heights. Most children of our times sacrifice much time of their lives by not only working hard but literally burning the candle on both ends to emerge victorious in this highly competitive world. But unfortunately better valueism has lately got in some cases transformed into materialism. People have started living only for this world, which all of us know is temporary phenomenon. Some amongst us, however, in pursuit of abounding in wordly possessions have cast to winds the settled principles and norms of life.2. On the prosecution allegations, the case in hand throws-up one such glaring example. Here on the one hand is a child who seems to have sacrificed everything for attaining excellence in the field of academics, whereas on the other hand, a person, who is charged and entrusted for conducting examination in most fai...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION1WRIT PETITION (CIVIL) No.613 OF2007Justice Ripusudan Dayal (Retd.) & Ors. .... Petitioner (s) Versus State of M.P. & Ors. .... Respondent(s) 2 JUDGMENT P.Sathasivam, CJI.1) The present writ petition, under Article 32 of the Constitution of India, has been filed by the petitioners challenging the validity of certain letters issued by Mr. Qazi Aqlimuddin Secretary, Vidhan Sabha (Respondent No.4 herein) on various dates against them with regard to a case registered by the Special Police Establishment (SPE) of the Lokayukt Organisation, against the officials of the Vidhan Sabha Secretariat as well as against the concerned officials of the Capital Project Administration- the Contractor Company alleging irregularity in the construction work carried out in the premises of Vidhan Sabha.2) It is relevant to mention that Petitioner No.1 herein was the Lokayukt of the State of Madhya Pradesh appointed under the provisio...
Tag this Judgment!Court : Karnataka
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE04H DAY OF JULY, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.531 OF2022BETWEEN: DR.ASHOK V., S/O G.M.VENKATESHAPPA AGED ABOUT42YEARS RESIDING AT RAMA GOVINDAPURA NANDAGUDI POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT PIN 562 122. WORKING AS DISTRICT OFFICER OFFICE OF THE BACKWARD CLASSES WELFARE DEPARTMENT DC BUILDING CHIKKABALLAPURA DISTRICT 562 103. ... PETITIONER (BY SRI SANDESH J.CHOUTA, SR.ADVOCATE A/W SRI M.S.DEVARAJU, ADVOCATE) AND:1. . THE STATE BY HONBLE LOKAYUKTHA OF KARNATAKA M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001. 2 2 . MR. SYED MALIK PASHA S/O LATE SYED DASTAGIR AGED ABOUT36YEARS RESIDING AT NO.5/92 GADWALPET CHINTAMANI 563 125 CHIKKABALLAPUR DISTRICT. ... RESPONDENTS (BY SRI B.B.PATIL, SPL.P.P FOR R-1; R-2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO SET ASIDE / QUASH THE ORDER DATED0712.2021 PASSED BY THE PRL.DISTRICT AND SESSION...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1334; JT1998(1)SC734; (1998)IIIMLJ34(SC); 1998(1)SCALE672; (1998)3SCC276; [1998]1SCR988; 1998(1)LC658(SC)
M. Jagannadha Rao. J.1. Leave granted.2. The appellants have filed this appeal against the judgment of the High Court of Karnataka in Writ Appeal Nos. 8451-53 of 1996 dated 11.6.1997 by which, the High Court dismissed the Writ appeals and confirmed the judgment of the learned Single Judge in Writ Petition Nos. 23657 to 23659 of 1992 dated 23.7.1996. In so doing, the High Court followed the judgment of a Division Bench in Writ Appeal No. 1821 of 1995 dated 10.6.1997 Iswarappa & Another v. The Deputy Commissioner, Dharwar & Others) whereby the judgment in Writ Petition No. 16302 of 1987 dated 23.3.1995 was affirmed.3. The point concerns the applicability of Section 11-A of the Land Acquisition Act, 1894 (hereinafter called the Central Act, 1894) for the purposes of the Karnataka Acquisition of Land for House Sites Act, 1972 (hereinafter called the Karnataka Act, 1972) (Act 18 of 1973). Appellants contend that the new Section 11-A is attracted to proceedings for land acquisition under the...
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad310; (1977)1MLJ182
1. Thiru M. Karunanidhi, former Chief Minister of Tamil Nadu, is the petitioner in the criminal revision case as well as in the criminal miscellaneous petition. The revision is directed against the order of the Special Judge appointed under S. 6 of the Criminal Law Amendment Act, 1952, disposing of Cri. M. P. No. 2384 of 1976 in C. C. No. 27 of 1976. The prayer in Cri. M. P. No. 2384 of 1976 was to discharge the petitioner under S. 239 of the Cri. P. C., 1973. By the order sought to be revised the prayer was refused. Cri. M. P. No. 429 of 1977 purports to be under S. 482 of the Cri. P. C., 1973, and the prayer therein is that the proceedings of the Special Judge in C. C. No. 27 of 1976 on his file be quashed.2. The arguments advanced in the revision as well as in the criminal miscellaneous petition were the same and the revision case and the criminal miscellaneous petition are therefore being disposed of by this common judgment.3. The Acts with which we are concerned are the I.P.C., th...
Tag this Judgment!Court : Chennai
Reported in : 1977CriLJ1876
Govindan Nair, C.J.1. Thiru M. Karunanidhi, former Chief Minister of Tamil Nadu, is the petitioner in the criminal revision case as well as in the criminal miscellaneous petition. The revision is directed against the order of the Special Judge appointed Under Section 6 of the Criminal Law Amendment Act, 1952, disposing of Cri. M. P. No. 2384 of 1976 in C. C. No. 27 of 1976. The prayer in Cri. M. P. No. 2384 of 1976 was to discharge the petitioner Under Section 239 of the Cri. P. C., 1973. By the order sought to be revised the prayer was refused, Cri. M. P. No. 429 of 1977 purports to be Under Section 482 of the Cri. P. C., 1973, and the prayer therein is that the proceedings of the Special Judge in C. C. No. 27 of 1976 on his file be quashed.2. The arguments advanced in the revision as well as in the criminal miscellaneous petition were the same and the revision case and the criminal miscellaneous petition are therefore being disposed of by this common judgment.3. The Acts with which w...
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