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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

Shesh Mani Nath Tripathi Vs. Deputy Inspector General of Police and or ...

Court : Allahabad

Subject : Service

Acts : Police Act, 1861 - Sections 46(2)

Reported in : AIR1964All540; 1964CriLJ625; [1964(9)FLR347]

its pedigree. But it also does not profess to bea set of departmental instructions. Section 8 of the Police Act, 1861, provides that 'the entire police-establishment under a Stale Government ...... shall consist of such numberof officers and men, … manner, as shall from time to time be ordered by the State Government.'Clause (c) of Sub-section (2) of Section 46 of that Act enables the State Government to make rules for giving effect to the provisions of the

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) … State shall continue in force so far as consistent with the provisions of this Constitution.'11. In this context, Section 46 and in particular Sub-sections (2) and (3) may also be noticed here being germane to the issue presently:'(2).....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

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 … any police force shall be such as may be determined by the State Government.'Sub-sections (2) and (3) of Section 46 of the Police Act, may also bequoted here for ready reference, being relevant to the issues referred to

Mumbai Grahak Panchayat Vs. State of Maharashtra

Court : Mumbai

Subject : Civil

Reported in : (1983)85BOMLR218

Government was held to be good on the ground that it was authorised by Section 46(2)(c) of the Police Act, 1861. Explaining the decision in Kharak Singh's case, it was pointed out in para- 6 of the judgment in

Prem Ranjan, Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Service

Acts : Police Act, 1861 - Sections 46; Constitution of India - Articles 12, 14, 16, 48A and 309

Reported in : 2009(57)BLJR2000

power under Article 309 of the Constitution of India and under the provisions of Section 46 of the police Act, 1861.The impugned Advertisement (Annexure-2) is accordingly issued by the Director General of Police, Jharkhand, Ranchi (Respondent No. 3),

State Vs. Babulal

Court : Rajasthan

Subject : Constitution

Acts : Constitution of India - Articles 212A, 246, 372, 372(1) and 385; Police Act, 1861 - Sections 46; Rajasthan Adaptation of Central Laws Ordinance, 1950 - Sections 4

Reported in : AIR1957Raj28; 1956CriLJ550

Sub-Divisional Magistrate of Fatehpur under Section 432, Criminal P. C. The question raised before him was that the Police Act (5 of 1861) was not legally enforced in Rajasthan. He has, therefore, referred the question whether the Police … in any area by itself. It has to be brought into force by virtue of the provision of Section 46 of the Act. That section reads as follows: 'This Act shall not by its own operation take effect

K. Ibopishak Singh Vs. State of Manipur and ors.

Court : Guwahati

Subject : Service

Acts : Indian Police Act, 1861 - Sections 7, 9 and 46; Civil Services (Classification and Control) Rules, 1965; Constitution of India - Articles 21 and 309; Central Civil Services (Pension) Rules, 1972 - Rules 2, 48 and 101

MANIPURImphal, the 6th September, 1974No. 7/41/73-POL.I. - In exercise of the powers conferred by Section 7 read with Section 46 of the police Act, 1861 (V of 1861), the Governor of Manipur is pleased to order that the … Rifles, Imphal.' 4. At the Bar, the learned counsel on both sides have submitted that though the Indian Police Act, 1861 has been in force since a long time back, only in the year 1974 under order dated 6.9.1974

Ram Charit Pandey Vs. State of U.P. and Another

Court : Allahabad

Subject : Service

Acts : Police Act, 1861 - Sections 2, 7, 15A, 23, 46, 46(2) and 48(2); Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeals) Rules, 1991 - Rules 4, 4(1), (2) and (3), 5 and 15; Uttar Pradesh Police Regulations - Regulations 478 and 490 to 494; Constitution of India - Article 226

Reported in : 1999(3)AWC2144

fails and is dismissed inlimine. Service - writ of certiorari and mandamus - Sections 7 and 46 of Police Act, 1861, Rule 4 of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeals) Rules, 1991, Regulation 478 of … Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991. to declare ultra Hires of Section 7 and Section 46(2)(c) of the Police Act have also been made.3. For deciding the present petition, it is not necessary to

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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 … or the Department and the rule being statutory having been framed in exercise of powers conferred by Section 46(2) of the Police Act, there would be no question of State Government exercising general power of superintendence under