Judgment Search Results Home > Cases Phrase: bombay police amendment act 2008 maharashtra section 5 repeal of mah ord ix of 2008 and saving Court: allahabad Page 1 of about 2 results (0.105 seconds)

Km. Indu Mishra and Etc. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2003CriLJ4944

..... consequently, until the said detention order is approved by the state government the detaining authority can entertain a representation from a detenuand in exercise of his power under the provisions of section 21 of the bombay general clauses act, could amend, vary or rescind the order as is provided under section 14 of maharashtra act. ..... under sub-section (3) of section 3 of the national security act, power has been conferred on the district magistrate as well as the commissioner of police to make an order of detention, and sub-section (4) of section 3 prescribes that the officer shall forthwith report the fact of making the order to the state government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and that no such order shall remain in force ..... it was further held in para 34 of the said judgment as below :--'in the national security act there is an express provision section 3(4) in respect of orders made by the district magistrate or the commissioner of police under section 3(3) and the district magistrate or the commissioner of police who has made the order is required to forthwith report the fact to the state government to which he is subordinate. .....

Km. Indu Mishra Vs. Union of India and ors.

Court : Allahabad

..... consequently, until the said detention order is approved by the state government the detaining authority can entertain a representation from a detenu and in exercise of his power under the provisions of section 21 of bombay general clauses act could amend, vary or rescind the order as is provided under section 14 of maharastra act. ..... while considering the provisions of the maharashtra act, paramateria with the national security act the supreme court observed:- "the only logical and harmonious construction of the provision would be that in a case where an order of detention is issued by an officer under sub section (2) of section 3 of the act, notwithstanding the fact that he is required to forthwith report the factum of detention together with the grounds and materials to the state government and notwithstanding the fact that the act itself specifically provides for making ..... it was further held by the supreme court in para 34 of the judgement as below:- "in the national security act there is an express provision section 3(4) in respect of orders made by the district magistrate or the commissioner of police under section 3(3) and the district magistrate or the commissioner of police who has made the order is required to forthwith report the fact to the state government to which he is subordinate. ..... harish kumar, (2008) 1 scc 195 and union of india v. ..... state of mah, (2006) 12 scc 211; usha agarwal v. .....

Mohammad Daud Alias Mohd. Saleem Vs. Superintendent of District Jail a ...

Court : Allahabad

Reported in : 1993CriLJ1358

..... maharashtra, air 1968 bombay 273 : (1968 cri lj 903) laying down that the position under section 96, bombay police act, 1951 is different that the general law under section ..... act being a central law and a special act, the provisions of section 36a will have overriding effect and section 96, bombay police act, 1951 would stand abrogated, meaning thereby, police remand could be granted under the provisions of section ..... the criminal procedure code to the contrary, the provisions of section 96(i)(ii) of the said act would govern grant of remand in greater bombay and police remand from time to time may be granted but not ..... , as to whether the order dated 3-12-1990 of the special judge, moradabad, moradabad remanding the petitioner to custody till further orders, and in connection with the cases, both at moradabad and bombay, the non-sanction of remand on the adjourned dates between 3-12-1990 and 11-7-1991 by the special judge, moradabad, render the petitioner's detention illegal, whether the orders of the special judge, moradabad refusing to ..... laying down that where a person is arrested and produced before the nearest magistrate as required under section 167(1) or forwarded under section 167(2) of the code can be remanded to police custody only during the first period of 15 days and not after expiry of the said period, but if there are any special amendments enlarging the periods of detention, different considerations may arise on the basis of the language employed in those amendments.38. .....

Karan Yadav and anr. Etc. Vs. Union of India (Uoi) and anr.

Court : Allahabad

Reported in : 2000CriLJ4530

..... the charge sheet is being submitted against accused persons named above for the offence committed by them under the provisions of ipc and arms act as the requisite sanction for their prosecution and of others as required under section 20-a(2) of tada (p) 1987, as amended has been declined by inspector general.25 ..... harpal singh alias lakkad s/o gurbachan singh r/o village tughalpur, ps manglore district haridwar (up), jaipal gujar s/o ram saran r/o village nasirpur ps mawana district meerut, aulad ali s/o hasham ali r/o upper kot, loni district ghaziabad and other unknown entered into a criminal conspiracy to eliminate mahendra singh bhati, the then mla of janta dal party from dadri, ghaziabad constituency on account of political rivalry with d.p. yadav, the then mla from ..... he has submitted that in respect of the mention of name of ram naresh as a witness alleged to have been examined by the local police and that he has not been relied upon by the cbi in its investigation, no such man was found to exist ..... air 1947 bombay 388 the division bench had held that where the trial was held on sunday and application for adjournment for the obvious purpose of getting legal aid was refused and it was in no circumstances that the accused pleaded guilty, this was not a fair trial and in the exercise of its powers either under section 439 or under inherent jurisdiction the high court ought to set aside both the conviction and sentence and ordered ..... state air 1986 sc 922, state of maharashtra v .....

Mahanagar Ghaziabad Chetna Munch Through Its President, Sri Ram Avtar ...

Court : Allahabad

Reported in : 2007(2)AWC1113

..... bombay, ex officio;(d) the commissioner of police for great bombay, ex officio;(e) the municipal commissioner, greater bombay, ex officio;(f) the port health officer, bombay, ex officio;(g) two members to be nominated by the central government;(h) three members of parliament of whom two are to be nominated by the speaker of the house of the people from among its members and one by the chairman of the council of states from among its members;(i) one member to represent the state government of maharashtra ..... the central haj fund shall, subject to the provisions of this act and the rules made thereunder, be under the control and management of the committee, and shall be applied to the following purposes, namely:(a) pay and allowances of the chief executive officer and other employees of the committee;(b) payment of charges and expenses incidental to the objects specified in section 9; and(c) any other expenses which are required to be met by the ..... majority of those affected, does not collide with the majority's right to free exercise of religion; while 'free exercise' clause of the first amendment prohibits the use of state action to deny the rights of free exercise to anyone, it does not mean that a majority could use the machinery of the state to practice its ..... therefore, from the acts particularly the latest act of 2002, which repealed the act of 1959, by which the act of 1932 was also repealed, we do not find that any sum from the state exchequer is proposed to be utilized for the .....

Ali Singhani Bhagwandas Madhav Singh Vs. Sri Rajiv Gandhi

Court : Allahabad

Reported in : AIR1991All145

..... sri rajiv gandhi ordered the uttar pradesh government and uttar pradesh police and government of mahara-shtra and police of maharashtra to post the police in the house of petitioner and watch the activities of the petitioner and thereby prevented the petitioner from doing the election cmpaign or thereby restricted the election campaign of the petitioner and thus increased further prospects of winning the election ..... have been, expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section: provided that nothing contained in this explanation shall affect- (a) any judgment, order or decision of thesupreme court whereby the election of acandidate to the house of the people or to thelegislative assembly of a state has beendeclared void or set aside before the commencement of the representation of thepeople (amendment) ordinance, 1974(ord. ..... of the government as may be prescribed: provided that where any person, in the service of the government and belonging to any of the classes aforesaid, in the discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the ..... of this effect was published in the marathi paper 'lok-satta' bombay and nagar news, sindhi daily of ulhas nagar. .....

Natho Mal Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 1994CriLJ1919

..... question as to whether the validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be, that, where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person ..... state section 438 is not on the statute book and the validity of the amendment deleting it, is not challenged before us, and has ..... to indicate is that till that stage the arrest is an incident of investigation and though it is limited, an addition to the good faith of the police officer the judicial review of the judicial authority, it cannot be said to be a judicial act of the police so as to be subject to the law relating to writ of certiorari, ..... 4):'we consider it absolutely unnecessary to make reference to the decision of this court and they are legion which have laid down that save in exceptional case where non-interference would result in miscarriage of justice, the court and the judicial process should not interfere at the stage of investigation.' 22. ..... state of maharashtra : [1966]3scr744 ).d) where the authority, being under an obligation to act judicially passes an ..... 1980 cri lj 258 bombay) (para 21):'this is admittedly a stage where the prosecuting agency is still investigating the offences and collecting evidence against the ..... bombay corporation : air1986sc180 and .....

Mukul Kumar and ors. Vs. Dy. Superintendent of Police and ors.

Court : Allahabad

Reported in : II(2001)DMC318

..... the joint petition for divorce, which was preferred by ritcha kumar and mukul kumar and decree of divorce by mutual consent in the contemplation of section 13b of the hindu marriage act, 1955 was granted and the marriage stands dissolved from the date of passing of the order i.e. ..... state of maharashtra (supra), the question, which was involved was as to whether the high court of bombay had jurisdiction to issue writ under article 226 of the constitution of india in respect of any step taken or not in pursuance of the f.i.r. ..... mukul kumar is a practising lawyer of this court and his wife and son have been harassed in the past and it appears that the police at jabalpur at the behest of opposite party no. ..... bireshwar nath, learned counsel for the petitioners submitted that in spite of the order of the hon'ble supreme court and the order of the additional district judge, faridabad, where the compromises were filed, the police issued notices to the petitioners, which has been annexed as annexure nos. ..... the amendment by which clause (2) is inserted is thus aimed at widening the width of the area for reaching the writs issued by different high courts.12. .....

Neeraj Sharma (In Jail) Vs. State of U.P.

Court : Allahabad

Reported in : 1993CriLJ2266

..... without his consent under circumstances not amounting to a physical invasion of his body in violation of due process.such rule applies with respect to the taking of a blood sample from accused, and the testing of accused's blood, breath, or urine for alcoholic content and consequent intoxication; and this is the rule even though accused was not warned at the time of giving a specimen that it might be used against him in a prosecution.in wigmore's classic commentary on evidence ( ..... section 53 of the code provides that when a person is arrested on charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person shall afford evidence as to the commission of an office, it shall be lawful for a registered medical practitioner acting at the request of a police officer not below the rank of sub-inspector, to make such an examination of the person arrested as is reasonably necessary in order to ..... state of maharashtra, 1981 cri lj 125, a division bench of bombay high court while considering the same question with reference to section 53 of the code observed as follows in para 17 of the report : ..... the fifth amendment of america constitution provides that no person shall be compelled in any criminal case to be a witness against himself ..... the primary duty of the court is to ascertain the truth and its powers are not curtailed or unlimited save as provided by the code. .....

Om Prakash Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2001CriLJ4385

..... state of maharashtra, (2000)4 all wc 3040 : air 2000 sc 2966 amendment is thus aimed at widening the wideth of the area or reaching the writs issued by different high courts.11 ..... 627 of 2000, 42 of 2001, 36 of 2001 and some others under section 138 of the negotiable instruments act (hereinafter referred to as 'the act') instituted by opposite parties nos. ..... it was in these circumstances that it was ordered that the police/courts in mumbai could investigate/ enquire into the contents of the complaint and the action taken by the police authorities of shillong in entertaining the complaint and taking up investigation on the basis of the same was oppressive ..... , mumbai or any other investigating agency of the mumbai police and to issue a writ of prohibition or any other order or direction restraining the special ..... the bombay high court dismissed the petition by observing that one cannot say that the part of cause of action has arisen wherever police goes for the purpose of ..... that be so, then no investigation by any police in india can be successfully carried out because any absconding accused can go to any corner of india and challenge the prosecution where he was staying. ..... 2 and 3 and another at police station kotwali, varanasi, the complaint cases be also directed to be transferred for being enquired into and tried by the court at varanasi ..... , shillong and/or and investigating agency of the meghalaya police from taking any further step in respect of the complaint lodged by the m/s. .....