The High Court of Kerala set aside the order of the lower court rejecting a complaint seeking an investigation into alleged offenses under the Prevention of Corruption Act. The High Court held that the lower court could have forwarded the complaint to the police for investigation under Section 156(3) of the CrPC, rather than rejecting it outright. The High Court also held that sanction is required only at the stage of taking cognizance of offenses, not prior to investigation, citing a previous Constitution Bench decision. The matter was remanded back to the lower court to pass orders in accordance with law and the Constitution Bench precedent.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Western Cape High Court orders reinstatement of PAC MPSABC News
The Western Cape High Court has today ordered that Mr Mzwanele Nyhontso be reinstated to the position of PAC's representative in the National Assembly, pending a decision of the Court regarding the challenge of his recent removal by his party.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Western Cape High Court orders reinstatement of PAC MPSABC News
The Western Cape High Court has today ordered that Mr Mzwanele Nyhontso be reinstated to the position of PAC's representative in the National Assembly, pending a decision of the Court regarding the challenge of his recent removal by his party.
28 अगस्त, 2019 की इस तस्वीर में, लोग पूर्वोत्तर राज्य असम के बारपेटा में फॉरेनर्स ट्रिब्यूनल कार्यालय में इंतजार कर रहे हैं। सरकार शनिवार, 31 अगस्त को पूर्वोत्तर राज्य असम में नागरिकता सूची प्रकाशित करने की योजना बना रही है, जिससे अधिवक्ताओं को उम्मीद है कि बांग्लादेश से दशकों से हो रहे अवैध आप्रवासन को सुधारने में मदद मिलेगी।
28 अगस्त, 2019 की इस तस्वीर में, लोग पूर्वोत्तर राज्य असम के बारपेटा में फॉरेनर्स ट्रिब्यूनल कार्यालय में इंतजार कर रहे हैं। सरकार शनिवार, 31 अगस्त को पूर्वोत्तर राज्य असम में नागरिकता सूची प्रकाशित करने की योजना बना रही है, जिससे अधिवक्ताओं को उम्मीद है कि बांग्लादेश से दशकों से हो रहे अवैध आप्रवासन को सुधारने में मदद मिलेगी।
This is a field-oriented PPT and deals with every step from the initiating to the finalization of the DAR case, which no other book has tried to explain and a lot of effort has gone into preparing the contents.
ConCourt Judgement on Shaun Abrahams appointment SABC News
judgement handed out this morning ruling that NPA head, Shaun Abrahams must vacate office and that Mxolisi Nxasana must pay back his golden handshake proceeds.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
1. IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937
Crl.MC.No. 7331 of 2015 ()
---------------------------
INVESTIGATION OF A COMPLAINT BY THE VIGILANCE AND
ANTI CORRUPTION BUREAU, KANNUR.
------------------
PETITIONER/COMPLAINANT :
---------------------------------------------
MANEESH E.,
S/O. KUMARAN, AGED 42 YEARS
ETTUVEETIL HOUSE, CHAMBAD
THALASSETY TALUK, KANNUR.
BY ADVS.SRI.C.P.PEETHAMBARAN
SMT.MINI V.A.
RESPONDENTS/STATE & ACCUSED :
------------------------------------------------------
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERLAA, ERNAKULAM.
2. THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU, KANNUR.
3. P.RAVEENDRAN
SECRETARY, PANOOR GRAMA PANCHAYAT,
KANNUR.
4. RANJITH P.K.,
ASSISTANT ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT
PANOOR SECTION, KANNUR.
5. VINODAN
VERSEER, PANOOR GRAMA PANCHAYATH,
KANNUR.
6. THAYAKKAL ANDUL LATHEEF
S/O. MAMMOOTTY, NALLIYULLATHIL, KOORARA P.O.
PANOOR, KANNUR.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
WWW.LIVELAW.IN
2. Crl.MC.No. 7331 of 2015 ()
--------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
---------------------------------------------
ANNEXURE A1 - TRUE COPY OF THE REPLY DT. 04.2.2014 GIVERN BY THE
CHIEF TOWN PLANNER'S OFFICE, THIRUVANANTHAPURAM.
ANNEXURE A2 - TRUE COPY OF THE CMP NO. 682/2014 FILED BY THE
PETITIONER BEFORE THE COURT OF ENQUIRY
COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE.
ANNEXURE A3 - TRUE COPY OF THE QUICK VERIFICATION REPORT
DT. 09.12.2014 OF THE 2ND RESPONDENT.
ANNEXURE A4 - CERTIFIED COPY OF THE ORDRE DT. 14.9.2015 IN CMP
NO. 682/2014 OF THE COURT OF ENQUIRY COMMISSIONER
AND SPECIAL JUDGE, KOZHIKODE.
RESPONDENT(S)' ANNEXURES : NIL
----------------------------------------------------------------
//TRUE COPY//
P.A. TO JUDGE
Mn
WWW.LIVELAW.IN
3. [CR]
B. KEMAL PASHA, J.
`````````````````````````````````````````````````````````````
Crl.M.C. No.7331 of 2015
`````````````````````````````````````````````````````````````
Dated this the 14th
day of December, 2015
O R D E R
~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioner and
learned Public Prosecutor.
2. Annexure-A4 order passed by the learned
Enquiry Commissioner and Special Judge, Kozhikode, is
under challenge. When a complaint was filed by seeking a
relief to forward the matter under Section 156(3) Cr.P.C. for
investigation, the court below has chosen to reject the
complaint through Annexure-A4 order. Offences under the
Prevention of Corruption Act are alleged in the private
complaint. In such case, apart from forwarding the matter
WWW.LIVELAW.IN
4. Crl.M.C.7331/2015
: 2 :
for investigation under Section 156(3) Cr.P.C., the court
below cannot take cognizance of the offences by
proceeding through Section 200 or 202 Cr.P.C.
2. In the said matter, an investigation is required
and sanction under Section 19 of the Prevention of
Corruption Act is also required on the final report for taking
cognizance of the offences. Even when the court below
proceeds through Section 200 Cr.P.C., sanction is required
within the meaning of Section 19 of the Prevention of
Corruption Act for taking cognizance of the offences, even
though sanction is not required to conduct an inquiry.
Therefore, even if the court below decides to have an inquiry
within the meaning of Section 200 or 202 Cr.P.C., no fruitful
purpose would be served.
3. In such a case, even when the only relief sought
for in the complaint is to get the complaint forwarded under
Section 156(3) Cr.P.C., it cannot be said that the complaint
WWW.LIVELAW.IN
5. Crl.M.C.7331/2015
: 3 :
is not maintainable, if it reflects sufficient grounds to bring
out the offences under the Prevention of Corruption Act. In
cases wherein the contents of the private complaint reveal
sufficient grounds to invite an offence, the mere fact that the
complainant has sought for the relief of forwarding it to the
police under Section 156(3) Cr.P.C., does not make the
complaint not maintainable. When the contents reveal
offences, courts are competent to take cognizance of the
offences involved or to forward the matter under Section 156
(3) Cr.P.C. When the contents do not reveal any offence,
and the relief sought for is solely for getting it forwarded to
the police under Section 156(3) Cr.P.C., it can be said that
such a complaint is not maintainable.
4. In this particular case, it seems that a preliminary
enquiry was conducted and it was revealed that there are
grounds to believe that the accused had committed the
offences under the Prevention of Corruption Act. In such
WWW.LIVELAW.IN
6. Crl.M.C.7331/2015
: 4 :
case, the court below ought not to have rejected the
complaint merely by highlighting the reason that the relief
sought for is one for forwarding the same to the police under
Section 156(3) Cr.P.C.
5. Over and above it, it seems that the court below
has relied on the decision in Anil Kumar v. Aiyappa [2013
(4) KLT 125 (SC)] by taking a view that even for forwarding
the complaint for investigation, sanction is required. The
court below has not cared to consider the decision of the
Constitution Bench in Nand Ram Agarwala v. H.C. Bhari
and others [AIR 1956 SC 44(1)], where in an identical
situation, it was held that 'sanction was required at the stage
of taking cognizance only and not prior to it'. In the decision
in Anil Kumar (supra), the aforesaid decision of the
Constitution Bench was not considered. When there is a
decision squarely applicable on the point by the Constitution
Bench, the court below ought to have followed the decision
WWW.LIVELAW.IN
7. Crl.M.C.7331/2015
: 5 :
of the Constitution Bench. Matters being so, the impugned
order passed by the court below is liable to be set aside.
The court below shall follow the observations made above
as well as the decision of the Constitution Bench in Nand
Ram (supra) and pass appropriate orders in accordance
with law. The petitioner shall appear before the court below
on 05.01.2016.
In the result, this Crl.M.C. is disposed of as above.
Sd/-
(B.KEMAL PASHA, JUDGE)
aks/14/12
// True Copy //
PA to Judge
WWW.LIVELAW.IN