Constitution of India,1950 —Art. 136, 226 — Code of Criminal Procedure, 1973 — Sec. 482 — Karnataka Lokayukta Act, 1984 — Sec. 8 —Appellant was an elected member of the legislative assembly in the State of Karnataka, he was Chairman of the Committee for regularisation of unauthorised occupation - allegations relating to alienation of the lands granted in favour of Scheduled Castes/Tribes etc., they do not concerned with the Committee for Regularization of Unauthorized Occupation -complaint arises out of political vendetta having been registered on the complaint made by a member of the other major political party in the State— FIR has been registered after the conducting of a preliminary inquiry, which has disclosed a cognizable offence- Power, for the fulfilment of a legitimate object the actuation or catalysation by malice is not legicidal -'Malice in fact' means express malice -Malice in fact implies a desire or intention to injure, while malice in law is not necessarily inconsistent with an honest purpose"- absence of sanction, malice and administrative/judicial recognition, approval of the allotment of land.
Held: ( Para 2,6,9,12,16,19,20)
Result: Appeal Allowed.Cases Referred:1. State of Haryana Vs. Bhajanlal1992 Suppl.(1) SCC 335. 2. E.P. Royappa Vs. State of T.N (1974) 4 SCC 3 3. Maneka Gandhi Vs. Union of India (1978) 1 SCC 2484. Ramana Dayaram Shetty Vs. International Airport Authority of India (1979) 3 SCC 489, 5. State of Karnataka Vs. M. Devendrappa(2002) 3 SCC 896. Rajiv Thapar Vs. Madan Lal Kapoor(2013) 3 SCC 330 7. Chandrashekaraiah Vs. Janekere C. Krishna,(2013) 3 SCC 1178. Chidananda Urs B.G Vs. State of Karnataka2022 SCC OnLine Kar 14889. W.B. SEB Vs. Dilip Kumar Ray(2007) 14 SCC 56810. State of Punjab Vs. Gurdial Singh(1980) 2 SCC 471,11. State of Punjab Vs. V.K. Khanna(2001) 2 SCC 330 12. Kumaon Mandal Vikas Nigam Ltd. Vs. Girja Shankar Pant [(2001) 1 SCC 182 : JT 2000 Supp (2) SC 206]13. Prabodh Sagar Vs. Punjab SEB (2000) 5 SCC 63014. Ratnagiri Gas & Power (P) Ltd. Vs.RDS Projects Ltd.(2013) 1 SCC 524
Constitution of India,1950—Art. 229, 142, 14,16 and 21 —Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976— Rule 8(a)(i) r/w. Rules 41 and 45 —non-regularization or non-confirmation of the employees on the post of Operator-cum- Data Entry Assistants / Routine Grade Clerks by the Respondent- direct recruitment through competitive examination conducted by the appointing authority — post of 'Routine Grade Clerk' was declared a dying cadre and merged into the post of 'Assistant Review Officer'- initial appointment is to be treated as appointment on probation for a period of one year , entitled for being confirmed after one year —appointment of the Appellants was legal, duly authorized, and had the same status as that of those persons whose services were later regularized-appointments outside the competitive channel must not be regularized— post on which the Appellants were appointed, i.e. 'Routine Grade Clerk', is now a dead cadre and it has merged with the post of 'Computer Assistants' .
Held: ( Para 2,7,9,15,18,23,28,34,35)
Result: Appeals Allowed.Cases Referred1. State of Karnataka Vs. Umadevi(2006) 4 SCC 1 2. In Re: Regularization of Class IV Employees of the High Court of Judicature at Allahabad2013:AHC:179951-FB
Indian Penal Code, 1860 — Sec. 498-A, 304-B, 302 r/w sec. 34— son of the Appellant married with the daughter of the complainant according to Hindu customs and rites about a year prior to her death - alleging that his daughter was found dead inside the matrimonial home and only the accused persons were present in the house—daughter of PW-1 had committed suicide by hanging herself - wounds on his daughter's body during examination -alleged that she was pregnant at the time of her death and stated that deceased used to inform that her mother-inlaw was commenting on her sarcastically for dowry- conviction is based solely on uncorroborated statement of interested witnesses with no independent or medical evidence tendered to prove cruelty or dowry demand -Cruelty" mean and include any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger -Demand for dowry in any form is itself sufficient - deceased had not committed suicide either demand for dowry being made or cruelty.
Held: ( Para 2,5,9,10,11)
Result: Appeal Allowed.Cases Referred:1. Manju Ram Kalita Vs. State of Assam(2009) 13 SCC 330
Constitution of India, 1950— Art. 32—enhancing the annual license fee of the premises let out to the second appellant— directing the measurement of the property - hall constructed by the Mission should be used only for marriage and religious and cultural activities-Accommodation to the tourist pilgrims coming to the Wadakunathan temple should be provided in the hall as per request of the Assistant Commissioner, Trichur free of rent-a hall was to be constructed by the second appellant and was to be used only for marriage, religious and cultural activities — hall constructed by it for religious and cultural purposes and for conducting marriages-direct the 1st respondent Board to conduct an enquiry , relating to leasing out the land to the 2nd petitioner Trust.
Held: ( Para 2,6,9,12,16,19,24, 27,28,30)
Result: Petition Dismissed.
Civil Appeal— Review — issue— the members of the judicial service of a State could be appointed as district judges either by way of promotion or the Limited Departmental Competitive Examination (LDCE)- Article 145(3) of the Constitution provides that the minimum number of Judges, for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution or for the purpose of hearing any Reference under Article 143 shall be five- Article 145(3) — Constitution provides that the minimum number of Judges, for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution or for the purpose of hearing any Reference under Article 143 shall be five—held- refer the aforesaid issues for consideration of a Constitution Bench of five Judges of this Court- Registry is directed to place the matter before the Chief Justice of India on the administrative side for obtaining appropriate orders- this batch of petitions would be heard after the Reference is decided by the Constitution Bench.
Held: (Para 15-24)
Result: Referred to five judge bench
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