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Aug 30 1961

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Decided on : Aug-30-1961

Subject : Civil

Acts : Land Customs Act, 1924 - Sections 9(1); Sea Customs Act, 1878 - Sections 167 to 193; Evidence Act, 1872 - Sections 25, 26 and 27; Foreign Exchange Regulation Act, 1947 - Sections 23(1); Sea Customs (Amendment) Act, 1955; Police Act, 1861; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Criminal Procedure (CrPC) , 1861 - Sections 5(2); Code of Criminal Procedure (CrPC) , 1898

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. 42. Police Act, 1861. Section 1........... the word 'police' shall include all persons who shall be enrolled under this Act. 43. Sea Customs … officer shall be proved as against a person accused of any offence. 41. Code of Criminal Procedure, 1898. Section 5. (1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried and

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Mar 14 2001

P.P.H.C. of A.P. Vs. Mohd. Mansoor and ors.

Court : Andhra Pradesh

Decided on : Mar-14-2001

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 121, 121-A, 122, 153-A, 153-B, 161, 162, 165A, 420, and 471; Arms Act - Sections 25 and 35; Explosive Substances Act - Sections 4 and 6; Evidence Act - Sections 5, 27, 145 and 157; Code of Criminal Procedure (CrPC) - Sections 2, 41, 42, 52, 156(2) and 161; Indian Police Act, 1861; Police (Amendment) Act, 1888; Andhra Pradesh (Andhra Area) District Police Act, 1859 - Sections 21; Andhra Pradesh (Telangana Area) District Police Act, 1329 Fasli - Sections 19; Prevention of Corruption Act, 1947; Tamilnadu Prohibition Act - Sections 4(1)A; Prevention of Corruption (Amendment) Act, 1988 - Sections 13(1) and 13(2)

Reported in : 2001(1)ALT(Cri)275; 2001CriLJ3169

under chapter XII. 13. Apart from the provisions of the Criminal Procedure Code, the provisions of the Indian Police Act, 1861 and the Police Act, 1888 shall have to be considered. The Police force is constituted for the main … Courts are expected to permit the parties to adduce only the relevant evidence and not otherwise, as per Section 5 of the Indian Evidence Act. This obligation to allow only relevant evidence to come on record by the

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Sep 01 2008

State of Maharashtra Vs. Bharat Shanti Lal Shah and ors.

Court : Supreme Court of India

Decided on : Sep-01-2008

Subject : ConstitutionCriminal

Acts : Maharashtra Control of Organised Crime Act, 1999 - Sections 2, 2(1), 3, 3(3), 3(5), 4, 5, 13 to 16, 20, 21(2) and 21(5); Indian Telegraph Act, 1885 - Sections 5 and 5(2); Police Act, 1861 - Sections 23; Bombay Police Act, 1951 - Sections 64; Telegraph Rules - Rule 419A(1) and 419A(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 167; Indian Penal Code; Constitution of India - Articles 13(2), 14, 20, 21, 245, 246, 254 and 366(10); Union Law

Reported in : JT2008(10)SC77; 2008(12)SCALE167; 2008AIRSCW6431; 2008(5)LH(SC)3345

such offences, to prevent the commission of offences, and to detect and apprehend offenders (See Section 23 of Police Act, 1861 and Section 64 of Bombay Police Act, 1951). He also submitted that the grounds for interception of the … the Indian Telegraph Act, 1885, a Central Act was holding the field. The High Court also struck down Sub-section (5) of Section 21 of the MCOCA holding that the same was violative of provisions of Article 14 of

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Nov 16 2007

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Decided on : Nov-16-2007

Subject : Constitution

Acts : 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

Reported in : 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 … were quashed on the ground that the investigation had been conducted illegally in contravention of Sub-section (4) of Section 5 of the Prevention of Corruption Act, 1947. Under this section a police officer, below the rank of Deputy

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Apr 05 2000

Raman Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-05-2000

Subject : Criminal

Acts : 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

Reported in : 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 … Hon'ble Apex Court, in Gangula Ashok & Anr. vs. State of Andhra Pradesh (50), has categorically held that Section 5 Cr.P.C. does not nullify the effect of the provisions of Section 4(2) of the Code for the reason

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Jul 27 1954

Durga Prasad Vs. the State and ors.

Court : Allahabad

Decided on : Jul-27-1954

Subject : Civil

Acts : Constitution of India - Article 14; Police Act, 1861 - Sections 15, 15(5), 15A and 15A(3)

Reported in : 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

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Jul 09 1999

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

Court : Allahabad

Decided on : Jul-09-1999

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 … the proviso to Article 309 of the Constitution and published in the U. P. Gazette (Extraordinary) Part IV. Section (ka) dated 10th October. 1994 vide Notification No. 13/34/19-Ka-1/1994. dated October 10. 1994 which visualises the criterion of

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Sep 20 1972

NasiruddIn Khan Vs. State of Bihar

Court : Supreme Court of India

Decided on : Sep-20-1972

Subject : Criminal

Acts : Indian Councils Act, 1861; Code of Criminal Procedure (CrPC) - Sections 177

Reported in : AIR1973SC186; 1973CriLJ241; (1973)3SCC99

5(f) and Section 6(o) of the Act and also on the additional charge under Section 29 of the Police Act, 1861. In defence he pleaded that at the relevant time he was under suspension and further that he had

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Apr 16 1987

State of Haryana Vs. P.C. Wadhwa, Ips, Inspector General of Police and ...

Court : Supreme Court of India

Decided on : Apr-16-1987

Subject : Service

Acts : 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

Reported in : 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 … the reviewing authority and such other authority as may be specifically empowered in this behalf by the Government; 5. In this connection, it may be pointed out that it is not disputed that the conjunction 'and' occurring

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Oct 22 2008

Nirmal Singh Kahlon Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Oct-22-2008

Subject : Service

Acts : 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

Reported in : 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 … test was held in the year 1994 ; however, the posts could not be filled. In the meantime 545 Panchayat Secretaries were appointed on ad hoc basis by the State.5. One of the applicants, who applied for

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