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Judgment Search Results Home > Cases Phrase: the maharashtra lokayukta and upalokayuktas act 1971 Page 1 of about 5 results (0.009 seconds)

Apr 08 2003 (HC)

Shri Ashok Kumar Tyagi Vs. the Lokayukta and ors.

Court : Delhi

Reported in : 2003IVAD(Delhi)669; 105(2003)DLT351; 2003(69)DRJ323

..... was made at state level with the establishment of ombudsman type lokayuktas in certain states including bihar, karnataka, madhya pradesh, maharashtra, rajasthan and uttar pradesh. delhi also passed, ultimately, delhi lokayukta and upalokayukta act, 1995. 18. the scope and powers of these lokayuktas in different state enactments are materially different. while in some states legislations lokayuktas cannot only inquire into the complaints of lapses and improprieties committed ..... . in this writ petition the petitioner has raised an issue with respect to the powers and jurisdiction of the lokayukta under the delhi lokayukta and upalokayukta act, 1995 ( hereinafter referred to as `the act' for short). it may be mentioned at this stage itself that the lokayukta has initiated suo moto proceedings taking cognizance of l-2 vend opened at hans bhawan and after inquiry passed ..... by ministers and their immediate subordinates, namely, secretaries to the government, but also against lower administrative authorities and public servants. however, in delhi act a significant departure .....

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Aug 12 1997 (HC)

M. Maheshan Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999CriLJ247; 1999(4)KarLJ500

..... holding important public offices like the members of the council of ministers and even the chief minister. the question whether police officers comprising the staff of the lokayukta or the upalokayukta can act independent of the said two authorities has therefore to be seen in the light of the purpose and the scheme of the enactment besides the language employed in ..... of the state legislature and government servants including chairman and vice-chairman or members of the local authorities, statutory bodies, corporations etc. section 3 of the act provides for appointment of lokayukta and upalokayukta and inter alia prescribes that a person who has held the office of a judge of the supreme court or that of the chief justice of a high ..... investigation into offences relating to a public servant. their functions, powers and duties, it was argued, were limited to assisting lokayukta and the upalokayukta in the discharge of their duties under the act. relying upon section 15(4) of the lokayukta act, sri gurumath argued that the very purpose of conferring disciplinary and administrative control over the officers and employees appointed to assist ..... with the result that any investigation conducted in violation thereof would be illegal. so also in khandu sonu dhobi and another v state of maharashtra, the court declared that section 5(a) of the old act was mandatory in nature although the invalidity would not vitiate the conviction of the accused as a result of his trial unless the illegality .....

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Nov 14 2006 (HC)

H.M. Siddagangaiah S/O G. Muddahonnaiah Vs. the State of Karnataka Rep ...

Court : Karnataka

Reported in : [2007(112)FLR652]; ILR2006KAR4687; ILR2006(4)Kar4687; 2007(2)KLJ299; 2007(1)AIRKarR264

..... an enquiry into certain allegations against the petitioner, namely that he was trapped by the lokayukta while demanding and accepting illegal gratification for showing an official favour to a member of the public and the upalokayukta was directed to conduct an enquiry against the petitioner. accordingly it is contended by the ..... regard, he would place reliance on a judgment of the supreme court in the case of harshad s. mehta and ors. v. state of maharashtra : 2001crilj4259 wherein, on the question whether the provisions as contained in sections 306 and 307 of the code of criminal procedure 1973, would or would ..... is the government of karnataka. in respect of public servants referred to in sub-clause (d) of clause (4) of section 2 of the karnataka lokayukta act, 1984 the 'competent authority' is such authority as may be prescribed, and hence, there is no scope for the commissioner to have passed the impugned order ..... not apply to proceedings before the special court for (trial of offences relating to transactions in securities) act, 1992, the supreme court held that the special court would have all the powers of a court of sessions and the court of the magistrate ..... court of exclusive jurisdiction in respect of any offence which will include offences under the indian penal code, prevention of corruption act and other penal laws. it is only in the event of inconsistency that the provisions of the special court (trial of offences relating to .....

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Feb 04 2004 (HC)

Prof. S.N. Hegde Vs. the Lokayukta and ors.

Court : Karnataka

Reported in : ILR2004KAR3892; 2004(3)KarLJ505

..... are as under.--(i) if the petitioner was a government servant and if the government were to accept the report sent by lokayukta/upalokayukta under section 12(3) of the karnataka lokayukta act, it would have referred the matter to lokayukta for holding a regular and full fledged enquiry as to his conduct as provided for under rule 14-a of the karnataka civil ..... kept engaged in investigating complaints against public servants who fall within the exclusive jurisdiction of upalokayukta, thus preventing the lokayukta from discharging his statutory duties effectively. in this connection the observation of the supreme court while dealing with andhra pradesh lokayukta and upalokayukta act is worth recalling.--'the legislative intent behind the enactment is to see that the public servants covered by the ..... out in the section. in this connection he relied on a judgment of the supreme court in the case of subhash ramkumar bind alias vakil and anr. v. state of maharashtra : 2003crilj443 , wherein it is held as under.--'the statement of objects and reasons is not otherwise admissible as an aid to the construction of a statute but the same ..... may be disregarded without invalidating the thing to be done are called directory' (see page 62 of craies on statute law -- 1971 edition).in addition to this, it is also relevant to notice that the lokayukta or the upalokayukta as the case may be, while conducting investigation into a complaint and making a report on the basis of such investigation, exercises .....

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Jan 11 2013 (SC)

Mr. Justice Chandrashekaraiah (Retd.) Vs. Janekere C. Krishna and ors.

Court : Supreme Court of India

Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726

..... the same powers of contempt of itself as a high court and for this purpose, the provisions of the contempt of courts act, 1971 shall have effect mutatis mutandis.21. the upa-lokayukta is protected by virtue of section 15 of the act in respect of any suit, prosecution or other legal proceedings in respect of anything that is done in good faith while ..... the government or a district judge in delhi for seven years or has held the post of a joint secretary to the government of india.3. every person appointed as lokayukta or upalokayukta shall, before entering upon his office, make and subscribe before the lieutenant governor or some person appointed in that behalf by him, an oath or affirmation in the form ..... that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the lokayukta or the upalokayukta shall make a declaration to that effect in his report under sub-section (3) of section 12. where the competent authority is the governor, state government or the chief ..... of the consultation is to render consultation meaningful to serve the intended purpose. giving consultation a constricted meaning in section 3 of the orissa lokpal and lokayuktas act, 1999 would defeat this. it was observed in maharashtra state financial corporation v. jaycee drugs and pharmaceuticals, (1991) 2 scc 637:it is a settled rule of interpretation of statutes that if the language and .....

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Jan 20 2012 (HC)

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... servants of the class to which he belongs:" section 7(2-a) of the karnataka lokayukta act. 1984 reads thus:- "7(2-a) notwithstanding anything contained in sub-sections (1) and (2), the lokayukta or an upalokayukta may investigate any action taken by or with the general or specific approval of a public servant ..... the governor shall cause a copy thereof together with an explanatory, memorandum to be laid before each house of the state legislature. (8) the lokayukta or an upalokayukta may at his discretion make available, from time to time, the substances of cases closed or otherwise disposed of by him which may appear ..... (1) except on a complaint made by a person against whom false, frivolous or vexatious complaint was made after obtaining the previous sanction of the lokayukta or upalokayukta. as the case may be. (4) the prosecution in relation to an offence under sub-section (1) shall be conducted by the public ..... trading has been done with this firm so far; (c) they have not obtained vat registration in karnataka: (d) they have not obtained vat registration in maharashtra state also: (e) mr.rajkumar agarwa! is his partner; (f) no mst and kst number obtained; (g) they have noi opened any account by ..... instant complaint. point no.2 is answered accordingly. 57. the learned counsel for petitioner relying on a decision of the supreme court, reported in air 1971 sc 520 (in the case of p.sirajuddin etc.. vs. the state of madras etc.) would submit that when serious offences are alleged against a .....

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Nov 28 1997 (HC)

Taj Mohammad Khan and Others Vs. State of Karnataka and Another

Court : Karnataka

Reported in : 1998(2)KarLJ31

..... in rameshwar shaw v district magistrate, burdwan and another , ramesh yadav v district magistrate, etah and others , suraj pal sahu v state of maharashtra and others and smt. shashi aggarwal v state of uttar pradesh and others . the supreme court again in vijay kumar v union ofindia and others ..... of rajendra prashad v state of uttar pradesh, wherein the order was passed after seven months, smt. hemlata kantilal shah v state of maharashtra and malwa shaw vstate of west bengal, wherein the orders of detention were passed five months later'.to same effect is the judgment of ..... complexity in the criminal cases instituted on the basis of the incidents having taken place in the month of june, august and september, 1971, came to the light during the course of investigation and as the detenu was termed to be a dangerous person, witnesses being afraid did ..... is evident from your past record, to detain you under the provisions of prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pitndps act), with a view to preventing you from engaging yourself in such prejudicial activities in future'.10. despite opportunity granted, none of the ..... your statement and material evidence available on record. considering your role and antecedents, even though prosecution proceedings under the narcotic drugs and psychotropic substances act, 1985, have been initiated against you in the matter, the government of karnataka is satisfied that there is a compelling necessity in view .....

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Jan 11 2013 (SC)

Mr.Justice Chandrashekaraiah (Retd.) Vs. Janekere C. Krishna and ors. ...

Court : Supreme Court of India

..... the same powers of contempt of itself as a high court and for this purpose, the provisions of the contempt of courts act, 1971 shall have effect mutatis mutandis.21. the upa-lokayukta is protected by virtue of section 15 of the act in respect of any suit, prosecution or other legal proceedings in respect of anything that is done in good faith while ..... the government or a district judge in delhi for seven years or has held the post of a joint secretary to the government of india.3. every person appointed as lokayukta or upalokayukta shall, before entering upon his office, make and subscribe before the lieutenant governot or some person appointed in that behalf by him, an oath or affirmation in the form ..... that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the lokayukta or the upalokayukta shall make a declaration to that effect in his report under sub-section (3) of section 12. where the competent authority is the governor, state government or the chief ..... of the consultation is to render consultation meaningful to serve the intended purpose. giving consultation a constricted meaning in section 3 of the orissa lokpal and lokayuktas act, 1999 would defeat this. it was observed in maharashtra state financial corporation v. jaycee drugs and pharmaceuticals, (1991) 2 scc 637. it is a settled rule of interpretation of statutes that if the language and .....

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