Court : Karnataka
..... aforementioned petitions seeking grant of sanction for prosecution and the materials in support of the same, the ..... note of the fact that the entire allegations made by the applicant do not reveal any offence punishable under the provisions of the prevention of corruption act, 1988 or the bnss2023 30.5 a reading of the show cause notice, more so the finding by the governor that on perusal of the request, it is seen that the allegations against you are of serious nature and prima 129 facie seem plausible leads to an undeniable conclusion that there is pre-judging of the issue, disregarding the report of the chief secretary dated 26-07-2023.31. in view of the averments made in the ..... he would also place reliance upon the standard operating procedure notified by the ministry of home affairs for conduct of preliminary enquiry, to buttress his submission that the 46 investigating officer should conduct a preliminary enquiry and then seek approval from the hands of the competent authority. .....
Tag this Judgment!Court : Karnataka
..... the short question that arises for our consideration in this appeal is whether the respondent is justified in pursuing the prosecution against the appellant under section 5(2) read with section 5(l)(e) of the prevention of corruption act, 1947 notwithstanding the fact that on an identical charge the appellant was exonerated in the departmental proceedings in the light of a report submitted by the central vigilance commission and concurred by the union public service commission.9. ..... accordingly, in terms of cvc circular no.09/12/2014 dated 11-12-2014, a reference was made to the additional director general, dgov, hzu, seeking cvo s second stage advice on the issue as the tentative decision of the disciplinary authority was not in line with the first stage advice no.07/18 dated 12-12-2018 issued by the additional director general, dgov, hzu, wherein major penalty proceedings under ruel14 of the ccs (cca) rules, 1965, were proposed against shri a.m.shafiulla, superintendent.16. ..... exoneration of the petitioner, in the departmental enquiry, is not on technicalities, but on merits, as there was no evidence against the petitioner to drive home the charge. ..... if in a departmental inquiry, the competent authorities have failed to drive home the charge, it would be improper to permit criminal trial any further. .....
Tag this Judgment!Court : Karnataka
..... such provision, however, does not exclude those cases where the provisions of the particular act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.2) where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court. ..... the compensation in respect thereto is required to be determined in terms of section 29 of the act, and the procedure to be followed in regard thereto is prescribed under section 30 of the act, which prescribes that the land acquisition act, 1894, shall mutatis mutandis apply in respect of the inquiry and award by the deputy commissioner, the reference to the court, the apportionment of compensation, and the payment of compensation in respect of lands acquired. 11.5. ..... state of madhya pradesh2, more particularly para 54 thereof, which is reproduced hereunder for easy reference:"neither of the two cases of firm of illurisubayya manu/sc/0211/1963 [1963].501tr93(sc) or kamla mills manu/sc/0291/1965: [1965].571tr643(sc) cal be said to run counter to the series of cases earlier noticed. ..... the plaintiff had chosen to approach the civil court, the 4 air1966sc237| 1965 insc87- 12 - nc:2024. .....
Tag this Judgment!Court : Karnataka
..... stated above, the reason assigned by the respondent-complainant in his application dated 5th august 1983 was that the proceedings were vitiated by the flaw of non-examination of the complainant by the magistrate as required under section 200 of the code before issuing the process and he wanted to withdraw the complaint in order to remove the said defect. ..... in other words, his mind was all the time operating in a different groove, namely, that the case was not one falling under section 257 of the code and the only course open to him was to let the complainant withdraw the complaint and file a fresh complaint so that the provisions of section 200 were duly complied with ..... it was held that a proceeding under section 363 of the said act could not be treated as a criminal proceeding in regard to such an offence and section 248 of the old code (corresponding to section 257 of the new code) could have no application. ..... i do not think that the magistrate acted improperly in making the order of discharge in this case, although technically it could not be said to be an order under section 253 of the code of criminal procedure.15. ..... the corporation of calcutta, air1952calcutta 467 (10), the petitioner was prosecuted for erecting an unauthorised structure which constitutes an offence under section 493 of the calcutta municipal act. ..... , section 403 of the old code which too spoke of conviction or acquittal of an offence had also no application to proceedings under section 363 of the said act. .....
Tag this Judgment!Court : Karnataka
..... shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the advocate-general of the state.3) the disciplinary committee of a state bar council after giving the advocate concerned and the advocate-general an opportunity of being heard, may make any of the following orders, namely: a) dismiss the complaint or, where the proceedings were initiated at the instance of the state bar council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for ..... since the issue of locus cuts at the root of the matter and the root is found to be contrary to law, all other submissions of the petitioner in-person that there should be reason to believe, for initiation of proceedings under section 35 of the act, need not be gone into, notwithstanding the fact that certain judgments which inter alia consider the issue of 27 reason to believe, found in section 35 of the act, are noted hereinabove, as the complaint was not even maintainable at the hands of the complainant before the bar council. ..... 1965 s.c. ..... home insurance co. .....
Tag this Judgment!Court : Karnataka
..... supra, so that every person who goes for registration of documents should not be denied registration except in accordance with the observations supra as acts of sub-registrars 22 are driving every person who is denied registration to the doors of this court unnecessarily and if the sub-registrar would not register a document, if it is found to be in tune with law, the delay in registration would be attributable only to those sub-registrars, who will be saddled with exemplary costs when such cases are ..... the court was pleased to hold that tax dues under the customs act and central excise act, do not have priority of claim over the dues of a secured creditor as there is no specific provision either in the central excise act or the customs act giving those dues first charge, and that the claims of the secured creditors will prevail over the claims of the state. ..... if the central excise act found in the judgment of the apex court is paraphrased with that of the income-tax department/dues under the income- tax act, the reasons so rendered by the apex court would become applicable to the facts of the case at hand as well. ..... (emphasis supplied) invoking its power to frame rules under the registration act, the karnataka government has promulgated the karnataka registration rules, 1965 ( hereinafter referred to as the rules for short). .....
Tag this Judgment!Court : Karnataka Dharwad
..... under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging provision under section 3(1) of the act .40 ..... the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg ..... tax has been under re-assessed; or (d) has been re-assessed at a rate lower than the rate at which it is assessable under this act; or (e) any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in .....
Tag this Judgment!Court : Karnataka Dharwad
..... under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging provision under section 3(1) of the act .40 ..... the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg ..... tax has been under re-assessed; or (d) has been re-assessed at a rate lower than the rate at which it is assessable under this act; or (e) any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in .....
Tag this Judgment!Court : Karnataka Dharwad
..... under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging provision under section 3(1) of the act .40 ..... the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg ..... tax has been under re-assessed; or (d) has been re-assessed at a rate lower than the rate at which it is assessable under this act; or (e) any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in .....
Tag this Judgment!Court : Karnataka Dharwad
..... under: in the light of the foregoing analysis and in adherence to the principles of statutory interpretations, particularly, the principle of 47 reading down , the definition clause under section 2a(8-a) of the kteg act, shall be construed as follows: the term prevailing market price of the goods in the local area as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of the goods at the time of their entry into local area, consistent with charging provision under section 3(1) of the act .40 ..... the foregoing analysis and in adherence to the principles of statutory interpretation, particularly the principle of 'reading down,' the 35 definition clause under section 2a(8-a) of the kteg act shall be construed as follows: the term 'value of such goods' as mentioned in section 2a(8-a) of the kteg act shall be interpreted to mean the value of goods at the time of their entry into the local area, consistent with the charging provision under section 3(1) of the kteg ..... tax has been under re-assessed; or (d) has been re-assessed at a rate lower than the rate at which it is assessable under this act; or (e) any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in .....
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