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Vijay Singh and ors. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Subject : ConstitutionService

Acts : Constitution of India - Articles 13(3), 14, 16, 162, 226, 307, 309 and 313; Police Act, 1861 - Sections 2 and 46(2); Executive Instructions or Orders and Statutory Rules; Uttar Pradesh Recruitment of Service (Age Limit) Rules, 1972

Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778

re-framed as under:-'As to whether any order issued by the State Government in exercise of its power Under Section 2 of the Police Act, 1861, has statutory force and occupies the field, and, therefore, there is no scope … of appointment of Sub-Inspectors of Police in U.P. as the field stood occupied by the provisions of the Police Act, 1861, hereinafter called 'Act, 1861', which empowers the State Government to issue Government Orders from time to time fixing

Kedar Nath Yadav Vs. State of U.P. and ors.

Court : Allahabad

Subject : Service

Acts : Police Act, 1861 - Sections 2, 7, 46, 46(2) and 46(3); Uttar Pradesh Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 - Rules 5(1), 5(2), 14 and 17; Police Regulations - Regulations 492, 493 and 496; Code of Civil Procedure (CPC)

Reported in : 2005(3)ESC1955

of powers under Sub-sections (2) and (3) of Section 46 read with Sections 2 and 7 of the Police Act, 1861 (Act No. 5 of 1861) and all other power enabling him in this behalf and in supersession of

Chandra Prakash Tiwari and ors. Vs. Shakuntala Shukla and ors.

Court : Supreme Court of India

Subject : Service

Acts : Uttar Pradesh Govt. Services Criteria for Recruitment by Promotion Rules, 1994; Constitution of India - Articles 309, 311, 313, 372, 372(1) and 395; Police Act, 1861 - Sections 2, 7, 12, 39, 46, 46(2) and 69; Indian Independence Act, 1947; Government of India Act, 1935; General Recruitment (Amendment) Rules, 1977; State and Subordinate Services Rules - Rules 10 and 28; Seniority Rules, 1991; Kerala Civil Services (Classification, Control and Appeal) Rules, 1957

Reported in : AIR2002SC2322; 2002(4)AWC2657(SC); JT2002(Suppl1)SC159; 2002LabIC2168; 2002(4)SCALE528; (2002)6SCC127; [2002]3SCR948; 2002(2)SCT1093(SC); 2002(3)SLJ88(SC)

non-issue. Before however adverting to the same, it would be apposite to refer to Section 2 of the Police Act, 1861 which postulates for establishment and constitution of Police Force. Section 2 of the Act of 1861 (Police Act)

Abdul Ahad Vs. the Inspector General of Police and ors.

Court : Allahabad

Subject : Constitution

Acts : Civil Service Regulations (as adapted in Uttar Pradesh) - Schedule - Article 405; Police Act, 1861 - Sections 2; Government of India Act, 1919; Government of India (Amendment) Act, 1935; Constitution of India - Articles 13, 16(1), 311, 311(2) and 226

Reported in : AIR1965All142; [1964(9)FLR197]; (1965)ILLJ110All

not to terminate his services.2. The petitioner was enrolled as a constable in the police force under the Police Act, 1861, in 1933, was promoted as a head constable in 1946 and was confirmed in that post in 1947. … that post in 1947. He was forty eight years old when the impugned order was passed against him. Section 2 of the Police Act lays down that pay and all other conditions of service of members of the

State of U.P. and Others Vs. Smt. Shakuntala Shukla, S.i., Police

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 14, 16, 73, 154, 162, 240, 243, 309, 311, 313, 366(10), 372, 372(1) and 395; Police Act, 1861 - Sections 2, 7, 12, 39 and 46 (2) and (3); Uttar Pradesh Government Servants (Criterion for Recruitment by Promotion Rules, 1994 - Rules 2, 4 and 5; Indian Independence Act, 1947; Government of India Act, 1935 - Sections 94 (3) and 241; Karnataka Civil Services (General) Recruitment Rules, 1977; Karnataka Civil Services (General) Recruitment (Amendment) Rules, 1982; Fire Force Act, 1964; General Clauses Act, 1897 - Sections 3 (51); Government of India Act, 1870; Government of India Act, 1915; Industries (Development and Regulation) Act, 1951 - Sections 18G; Removal of Difficulties Orders; Uttar Pradesh Intermediate Education Act, 1921;

Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702

be necessary to advert to the related provision of the Police Act. 1861 and those of the Constitution. Section 2 of the Police Act. 1861 which postulates for establishment and Constitution of Police force reads as under :'(2) … override the G.O. dated 5.11.65 which is a special provision traceable for Its source of power to the Police Act, 1861 [in short 'the Act'). According to the learned counsel, the G.O. dated 5.11.65 is tantamount to a statutory

Bairagi Ram Vs. State of U.P. and ors.

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 14, 16(2), 311 and 311(2); Police Act, 1861 - Sections 7

Reported in : AIR1966All92

the members of the Police Force in view of the provisions of Sections 2 and 7 of the Police Act, 1861 and those of the Regulations framed under Section 7 of the Act.5. The first contention of the appellant's

S.i. Paras Kumar and ors. Vs. S.i. Ram Charan and ors.

Court : Supreme Court of India

Subject : Service

Acts : Punjab Police Ruels, 1934 - Rules 1.13, 13, 13(1), 13.2A, 13.8(2); Indian Police Act, 1861 (Police Act) - Sections 2 and 12; Constitution of India - Article 226

Reported in : 2004(4)ALD107(SC); [2004(101)FLR1016]; JT2004(Suppl1)SC510; 2004(4)SCALE503; (2004)6SCC88; 2004(3)SLJ234(SC); (2004)2UPLBEC1980

format of the Punjab police Rules, 1934?9. Punjab Police Rules were framed under Section 2 of the Indian Police Act, 1861 (Police Act). The voluminous Punjab Police Rules cover all aspects of Police administration. It has withstood the test

Prof. Sumer Chand Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilLimitation

Acts : Delhi Police Act, 1978 - Sections 140 and 140(1); Limitation Act, 1963 - Sections 29(2) - Schedule - Article 74; Police Act, 1861 - Sections 42; Bombay Police Act, 1951 - Sections 61

Reported in : 1993CriLJ3531; JT1993(5)SC189; 1993(3)SCALE706; (1994)1SCC64; [1993]Supp2SCR123

SCR 380.11. In this context it may be mentioned that the original enactment governing the police is the Police Act, 1861. Section 42 of the Police Act, 1861 provides as under42. Limitation of actions - All actions and prosecutions against … Sections 148, 365/149, 452/149, 308/149 and 506/149 IPC in Sessions case No.6 of 1985. By judgment dated February 28, 1986, the appellant as well as the other co-accused were acquitted by the Additional Sessions Judge. Thereafter, on

Public Prosecutor Vs. K.G. Sivaswamy and anr

Court : Chennai

Subject : Criminal

Acts : Police Act, 1861 - Sections 30, 30(1), 30(2) and 30(3)

Reported in : AIR1954Mad249; (1953)2MLJ602

reads as follows:"After an application for a licence to take out a procession is made under Section 30, Police Act, 1861, the applicant is free to take out the procession whether the licence applied for is issued or not. … Act.The Sub-Magistrate, Koilpatti, acquitted both the accused holding:"In the result, I find firstly that the order Ex. P, 2 is itself 'ultra vires' the Assistant Superintendent & hence not enforceable & secondly that even if it be

Rameshwar Dayal Vs. the State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Reported in : 1991(1)WLN369

to police officials, of all ranks, charged with the maintenance of public order, wherever they may be serving.The Police Act, 1861 (Act No. 5 of 1861) was enacted to re-organise the police and to make it more efficient instrument … the previous sanction of the Central Government.(3) The State Government may, by notification, direct that the provisions of Sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of