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State of Bihar and anr. Vs. J.A.C. Saldanha and ors.
Supreme Court of India
Nov-13-1979
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420
AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16
not competent to direct further investigation in the case.14. The State of Bihar is governed by the Indian Police Act, 1861, ('Act' for short), because it has not enacted any Police Act of its own In Section 1 of … (8) of Section 173 of the Code, or the power of the Magistrate to direct further investigation under Sub-section (3) of Section 156, and, therefore, the State Government under orders of the Chief Minister was not competent to
Tag this Judgment! AI Brief & AskState of U.P. and Others Vs. Smt. Shakuntala Shukla, S.i., Police
Allahabad
Jul-09-1999
Service
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;
1999(3)AWC2574; (1999)3UPLBEC1702
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 … demarcationbetween all of them. 'Rule' and 'order'are by far the most common namesunder which the delegated legislationis permitted. Section 3(51) of theGeneral Clauses Act. 1897 containsdefinition of 'rule' in the followingwords : ' 'rule' shall mean a rule
Tag this Judgment! AI Brief & AskRaman Lal Vs. State of Rajasthan and ors.
Rajasthan
Apr-05-2000
Criminal
Indian Penal Code (IPC), 1860 - Sections 52, 120-B, 195, 196, 342, 347, 357, 368, 388, 418, 468, 458 and 482; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 58(1) (2) and 69; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36-A, 154, 156(3), 167, 169, 173(8), 178, 179, 190, 195, 197, 201, 202(1), 340 and 482; Police Act, 1861 - Sections 29 and 42; Bombay Police Act, 1951 - Sections 140(1) and 161(1); Prevention of Corruption Act, 1947 - Sections 5(1) and 13(1); Constitution of India - Article 226 or 227; Terrorist and Disruptive Activities (Prevention) Act, 1987; Essential Commodities Act, 1955; Prevention of Corruption Act, 1988; Scheduled Castes and Scheduled Tribes Orders Act, 1956 - Sections 14; Judicial Officer's Protection Act, 1850; G
2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
the complaint at such a belated stage is not permissible under the provisions of Section 42 of the Police Act, 1861, in respect of Mr. Sanjeev R. Bhatt, who is a member of Indian Police Service and the said … it is clear that the order passed by the Magistrate to the police to investigate a case under Sub-section (3) of Section 155 of the Code does not amount to taking cognizance of an offence and he can
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Sh. Prakash P. Hinduja Vs. Union of India (Uoi) Through Cbi
Delhi
Jun-10-2002
Criminal
Delhi Police Special Establishment Act, 1946 - Sections 3, 4 and 4(1); Prevention of Corruption Act, 1947 - Sections 6; Prevention of Corruption (Amendment) Act, 1988 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 36, 154, 173, 173(2), 173(8) and 321; Police Act, 1861 - Sections 3; Constitution of India - Articles 14, 32, 142 and 144; Constitutional Law
98(2002)DLT448; 2002(64)DRJ34
section conferring such power prescribes one. Thus the general power of superintendence as conferred by Section 3 of Police Act, 1861 would comprehend the power to exercise effective control over the actions, performance and discharge of duties by the
Tag this Judgment! AI Brief & AskAssociation for Protection of Democratic Rights Vs. State of West Beng ...
Kolkata
Nov-16-2007
Constitution
Delhi Special Police Establishment Act, 1946 - Sections 3, 5, 6; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 129 to 132, 144, 145, 154, 156(3) and 173; ;Arms Act - Sections 25, 27 and 35; ;Police Act, 1861 - Section 12; ;Delhi Police Act, 1946 - Sections 2(3), 5 and 6; ;Indian Penal Code (IPC) - Sections 34, 120B, 141, 147, 148, 149, 186, 302, 307, 320, 321, 332, 333, 341, 349, 353, 482 and 506; ;IE Act - Section 9; ;PDPP Act - Section 3(2); ;Government of India Act, 1943 - Section 204(2); ;Madras Maintenance of Public Order Act, 1949 - Section 9(1A); ;Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 16, 19, 19(1), 19(2), 21, 32, 136, 137, 142, 142(1), 162, 226, 227, 300A, 372 and 395; ;Crown Proceedings Act, 1947; ;Law Reform (Contributory Negligence) Act, 1945; ;Mot
2007(4)CHN842
the police is contrary to the legal provisions. The police have acted contrary to the provisions of the Police Act, 1861 as amended. The action of the police is also contrary to the provisions contained in the Criminal Procedure … extended to areas other than Delhi for the investigation of any offences or classes of offences specified under Section 3 of the Act. No such notification has been issued in this case. The State police have the exclusive
Tag this Judgment! AI Brief & AskPublic Prosecutor Vs. K.G. Sivaswamy and anr
Chennai
Apr-09-1953
Criminal
Police Act, 1861 - Sections 30, 30(1), 30(2) and 30(3)
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. … Blackshirts also seem to have been adding in their own way to the difficulties of local officials. On 31-12-1950 the Assistant Superintendent of Police, Sankarankoil, wrote to the Assistant Collector, Tuticorin, (he is the Executive Sub Divisional
Tag this Judgment! AI Brief & AskKhatri and ors. Vs. State of Bihar and ors.
Supreme Court of India
Mar-10-1981
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36, 162, 172 and 202; Evidence Act, 1872 - Sections 27, 32(1), 35, 122, 123, 124, 126, 129, 145 and 161; Constitution of India - Articles 32 and 226
AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)
by an order dated 28-29th November, 1980 made by the State Government under Section 3 of the Indian Police Act 1861, Sh. (sic) L.V. Singh was directed by the State Government to investigate into 24 cases of blinding of
Tag this Judgment! AI Brief & AskDurga Prasad Vs. the State and ors.
Allahabad
Jul-27-1954
Civil
Constitution of India - Article 14; Police Act, 1861 - Sections 15, 15(5), 15A and 15A(3)
AIR1955All9
those proceedings. As a result of the riot, a notification was issued under Sub-section (1) of Section 15, Police Act, 1861 (5 of 1861), declaring village Kesarpur and certain other villages in Police Circle Izatnagar and village Saidpur within … -- 'Dwarka Prasad Laxmi Narana v. State of Uttar Pradesh', AIR 1954 SC 224 (C).In dealing with Clause 3(2)(b) of the Coal Control Order, 1953, their Lordships said that the provision contained in Clause 3(1) of the
Tag this Judgment! AI Brief & AskNirmal Singh Kahlon Vs. State of Punjab and ors.
Supreme Court of India
Oct-22-2008
Service
Punjab Panchayati Raj Act, 1994; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Indian Penal Code (IPC) - Sections 120B, 406, 411, 420, 467 and 468; Delhi Special Police Establishment Act, 1946 - Sections 3, 6 and 36; Police Act, 1861 - Sections 3 and 36; Antiquities and Art Treasures Act, 1972 - Sections 25; Essential Supplies (Temporary Powers) Act, 1947 - Sections 7; Prevention of Corruption Act, 1947 - Sections 5(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 36, 173, 173(2), 173(8), 190, 190(1), 193, 195 and 199; Code of Criminal Procedure (CrPC) , 1898 - Sections 173; Constitution of India - Articles 20, 21, 142, 226 and 227
AIR2009SC984; 2009CriLJ958; JT2008(12)SC331; 2008(14)SCALE639; (2009)1SCC441; 2009(2)SLJ371(SC); [2008] 14 SCR 1049
expansive meaning. The interpretation clause thus must receive a liberal interpretation.27. In terms of Section 3 of the Police Act, 1861, the State has the ultimate say in the matter of superintendence of investigation. Section 36 of the Code
Tag this Judgment! AI Brief & AskState of Haryana Vs. P.C. Wadhwa, Ips, Inspector General of Police and ...
Supreme Court of India
Apr-16-1987
Service
All India Services (Confidential Rolls) Rules, 1970 - Rules 2, 5, 6, 6-A and 7; Business of the Haryana Government (Allocation) Rules, 1974 - Rules 1 to 4; Police Act, 1861 - Sections 3 and 4; Punjab Police Rules, 1934 - Rule 1.2; Constitution of India - Article 166
AIR1987SC1201; 1987LabIC901; (1987)ILLJ529SC; 1987(1)SCALE799; (1987)2SCC602; [1987]2SCR1030; 1987(2)SLJ162(SC); 1987(2)LC233(SC)
the Police Service. At this stage, it is necessary to refer to Sections 3 and 4 of the Police Act, 1861. Sections 3 and 4 are as follows:-Section 3. The superintendence of the police throughout a general police-district shall
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