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Mangali Prasad Pal Vs. State of U.P. and Another

Court : Allahabad

Subject : Criminal

Acts : Uttar Pradesh Subordinate Police Officers (Punishment and Appeal) Rules, 1991; Uttar Pradesh Police Act, 1861 - Sections 7 - Rule 17; Constitution of India - Article 311; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4(1), 157(1) and 173(2); Indian Penal Code (IPC), 1860 - Sections 307 and 308; Uttar Pradesh Police Regulations - Rules 43 to 50, 100 and 104

Reported in : 2001(2)AWC1139

Police Officers (Punishment and Appeal) Rules, 1991 will have over-riding effect upon Section 7 of the U. P. Police Act, 1861. Therefore, the impugned order of transfer does not amount to punishment. Learned counsel for the petitioner has replied … a case under Section 307 or 308 of the Indian Penal Code, Cases registered under either of these sections must be promptly investigated as a matter of course without waiting for the order of the Superintendent 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) … Article 309 and their service conditions other than these specified in Section 7 of the Act can be regulated by the Rules made under the … by the proviso to Article 309 of the Constitution and published n 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, it may be noticed that

Prem Chandra Jha and ors. Vs. the State of Bihar and ors.

Court : Patna

Subject : Service

Acts : Police Act 1861 - Sections 7 and 12; Constitution of India - Articles 14, 141 and 309

submits that the Manual is a subordinate legislation framed in terms of Sections 7 and 12 of the Police Act 1861. Therefore, the procedure prescribed in Rule 661(b) has to be meticulously followed. He relies on the following reported

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

State of Assam and anr. Vs. Mahendra Kumar Das and ors.

Court : Supreme Court of India

Subject : Service

Acts : Police Act, 1861 - Sections 7

Reported in : AIR1970SC1255; 1970LabIC1056; (1970)1SCC709; [1971]1SCR87

effect from July 24, 1957.3. The Sub-Divisional Police Officer. Barpeta, having been authorised under Section 7 of the Police Act, 1861 framed charges against the respondent on March 22, 1958. It is not really necessary to enumerate the various … placed under suspension with effect from July 24, 1957.3. The Sub-Divisional Police Officer. Barpeta, having been authorised under Section 7 of the Police Act, 1861 framed charges against the respondent on March 22, 1958. It is not

Tapir Jerang Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

Subject : Service

Acts : Constitution of India - Articles 226 and 311(2); Central Civil Services (Classification, Control and Appeals) Rules, 1965 - Rule 10(1); Police Act, 1861 - Sections 7; Constitution of India (42nd Amendment) Act

to show cause under Rule 14 of the CCS (CC&A;) Rules, 1965, read with Section 7 of the Police Act, 1861. According to the article of charges as well as statement of imputation, while posted at Pasighat Police Station, … petitioner was accordingly directed to show cause under Rule 14 of the CCS (CC&A;) Rules, 1965, read with Section 7 of the Police Act, 1861. According to the article of charges as well as statement of imputation,

Prithipal Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Service

Acts : Police Act, 1861 - Sections 7; Punjab Police Rules, 1934 - Rules 16.28, 44, 45 and 46; Constitution of India - Article 311 and 311(2)

Reported in : [2006(111)FLR904]; JT2006(9)SC495; 2006(11)SCALE28; 2007(3)SLJ293(SC)

to complete it and the provisions of Rule 16.28 of the Rules read with Section 7 of the Police Act, 1861 could not have been circumvented in such a manner. It was categorically held:.As soon as a stigma is … upon the punishing authority to complete it and the provisions of Rule 16.28 of the Rules read with Section 7 of the Police Act, 1861 could not have been circumvented in such a manner. It was categorically

State of U.P. through Principal Secretary, Home and Others Vs. Rajendr ...

Court : Allahabad Lucknow

Subject : Land Acquisition

law for resolution by the Full Bench: "Whether a temporary police constable appointed under Section 2 of the Police Act 1861 (Police Act), who has not been placed on probation, can be terminated from service in accordance with the … the officer in-charge except when this will cause delay. It also directs the police officer to study carefully sections 162 and 173 of the Code of Criminal Procedure. Nowhere in the rules is it stated that there … Dr. D.Y. Chandrachud, C.J. The issue On 7 November 2012, a Division Bench referred the following question of law for

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

Sisir Kumar Mohanty and ors. Vs. State of Orissa and ors.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Police Act, 1861 - Sections 7 and 8; Police (Amendment) Act, 1862 - Sections 7; Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Clerks and Assistants in the District Offices and Offices of the Heads of Departments) Rules, 1963; Constitution of India - Articles 309 and 311; Orissa District Police Ministerial Officers [Method of Recruitment and Conditions of Service] Rules, 1995; Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Assistants and Sections Officers in Offices of the Heads of Department) Rules, 1994

Reported in : AIR2002SC2314; 94(2002)CLT1(SC); [2002(94)FLR79]; JT2002(Suppl1)SC360; 2002(4)SCALE644; (2002)9SCC219; [2002]3SCR976; 2002(3)SLJ154(SC)

all police ministerial officers in the State into one separate cadre and directed the recruitment to be under Section 7 of the Police Act of 1861 and all police ministerial officers in the State were to be … IG or DIG's office or in the District Officers' office exercised their option to be recruited under the Police Act, 1861, whereupon they were issued necessary certificates under Section 8 of the Police Act.4. It is significant to note