Court : Allahabad
Reported in : 1961CriLJ58
..... corruption act reads as follows:notwithstanding anything contained in the coda of criminal procedure, 1898 act v of 1898, no police officer below the rank:(a) in the presidency towns of madras and calcutta of an assistant commissioner of police,(b) in the presidency town of bombay, of a superintendent of police, and(c)elsewhere, of a deputy superintendent of police.shall investigate ..... 165-a of the indian penal code act xlv of 1860 or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant:provided that a police officer of the delhi special police establishment, not below the rank of an inspector of police, who is specially authorized by the inspector general of police of that establishment may, if he ..... officer of the police below the rank of a deputy superintendent in non-presidency towns can investigate an offence punishable under section 161 and section 5 sub-section (2) of the prevention of corruption act without the order ..... servants, who had to discharge their functions -often enough in difficult circumstances - should not be exposed to the harassment of investigation, on information levelled possibly by persons affected by their official acts, unless a magistrate is satisfied that investigation is called for and, on such satisfaction, authorises the same giving their decision on the point their lordships held:we are, therefore, clear in our .....
Tag this Judgment!Court : Allahabad
Reported in : 6Ind.Cas.101
..... section 162 of the present code of criminal procedure prohibits only the use as evidence of the writing which records the statements of the witnesses made to the investigating police officer, that that section, so far as oral statements of the witnesses are concerned, is not in conflict with section 157 of the indian evidence act and those oral statements made to the police officer may be proved by calling him as a witness in order to corroborate the testimony of the witnesses.19. ..... i fully agree with the learned judges of the calcutta high court in the view that section 192 of the present code of criminal procedure prohibits the use of 'such writing' as evidence but not the use of the oral statement made by a witness to the investigating police officer. ..... the law before the act was passed would, even the learned judges of the calcutta high court admit, have been against the use of such statement as ..... v'of 1898), the calcutta high court in fanindra nath banerjee v ..... result is that, with all due respect to the learned judges of the calcutta high court, i hold the view that the general provisions of the evidence act, contained in section 157, are controlled by the special provisions of section 162, criminal procedure code, which followed it and which is a special enactment as against the wider and more general enactment in the evidence act. ..... v of 1898 when amending the law so amended it as to make it open to the construction put upon it by the learned judges of the calcutta high court. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All619
..... presently show, i was not of opinion that proceedings of this case should be quashed as the case appears to be of a purely civil nature.it is clear from the agreement and also from the report to the superintendent, police, that the reports by the calcutta firm were to be sent by post and if the reports are sent by post, the post office ordinarily will be deemed to be the agent of the addressee.42. ..... the history of the article have held that this article has restored the power of judicial superintendence to the high court which it had under section 15 of the high courts act, 1801 and section 107 of the government of india act 1915, and they have held that this power can be exercised in appropriate cases in order to keep the subordinate courts within the bounds of their authority.9. ..... case the positive part consists of criminal misappropriation and the conversion of the property and in the second case the positive act consists in dishonestly using ot disposing of the property in violation of any direction of law or prescribed mode of trust ..... in this connection 'some enquiries had to be made at calcutta' which revealed that those persons have committed criminal breach of trust in respect of the goods as well as the funds of the company and that they had cheated our company by their dishonest and fraudulent misrepresentation as noted below : (a) these persons acting in concert actually submitted false returns by showing bogus sales in favour of fictitious purchasers who did not .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ747
..... be using the weapon which may be in his hand: however, if a person is committing an offence and while being in process is challenged by the police party and he persists with the illegal activity or acts in a manner to openly defy the police and throws challenge to the police and uses the weapon including the bomb, fire-arm at a public place then this would be a case of open definance which would create terror and panic ..... clear that the detenu along with other companin threw bomb and used country made pistol only for the purpose of evading arrest by the police party and, in fact, the detenu along with other companions rakesh alias kallu escaped while the other companion rajendra prasad was arrested ..... nothing on the record to show that the detenu was either committing any offence at that time and in spite of police party reaching continued the said definance in the presence of public eye, nor they actually attacked the police party to overpower or cow down the authority in to the vision of the people as to create any fear ..... 'applying the principle in this case coupled with the explanation of the respondents that few days delay was caused on account of the police administration being busy with mahakumbh and thus delay in this case for less than one month, cannot be said that there was any inordinate ..... and further the petitioner was travelling by air under assumed names and had been dodging the authorities when they attempted to contact him before he was apprehended in a calcutta hotel. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All689
..... (air 1926 cal 966) (s) where the question that arose related to the validity of a warrant issued under section 46, calcutta police act (bengal act 4 of 1863) ..... . section 46, calcutta police act authorised the issue of a warrant when after certain preliminaries had been complied with the issuing officer had reason to believe that any house, room or place ..... not, therefore, indicate that that order was limited in its purposes to those mentioned in section 3 and consequently it is not possible to hold that under the general provision made under section 114, indian evidence act a presumption can be drawn that, before that order was passed, the state government had formed an opinion about the necessity or expediency of making it for one of the purposes mentioned in section 3. ..... essential to the life of the community or for maintaining employment and not when it was not necessary orexpedient to do so for one or more of these purposes, even though the preamble to the act indicates that it was enacted because it was considered necessary to provide for preventing strikes and lock-outs and for the settlement of industrial disputes and 'other incidental matters. ..... petitioner company that, whenever a subordinate legislative body makes a law and the validity of that law comes into question, it must be shown that that body acted within the ambit of the powers granted to it and complied with all the conditions precedent to the exercise of the power of promulgating subordinate legislation. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All465
..... for an eating-house under section 39 of the calcutta police act. ..... those imposed upon the exercise of the power of the court in a petition for that relief under section 155, the central government had to decide whether in exercising their power the directors were acting oppressively, capriciously or corruptly or in some way mala fide, that the decision had manifestly to stand those objective tests and had not merely to be founded on the subjective satisfaction of the authority ..... is a lis and prima facie, and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act; and (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then although there are not two parties apart from the authority and the contest is between the authority ..... , of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division exercised ..... a periodof limitation for filing a revision nor did they create-a right in anybody's favour to apply for revision.again, neither the act nor the rules specified thegrounds on which the revising authority could interfere with the order of the inferior authority. ..... police, calcutta 0043/1960 : [1961]3scr135 the order of the commissioner of police was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All83
..... of police, air 1959 cal 123 it was held that in order to be recognised as a 'keeper' of an eating-house to whom a licence may be issued under the calcutta police act, a person must be a keeper not only 'de facto' but also 'de jure'. ..... government had not been in error and had realised that by the amendment its power to make rules had been curtailed in the matter of subjects, it might have thought of combining the power under section 5(3) of that act along with the power under section 9 to make the provisions which it thought as necessary by way of conditions of licence to be imposed in general.where it did not cite correctly even the provision relating to rule making power there ..... (all), a tenant's writ petition against cancellation of his licence for violating a term of the lease and for failure to prove continuing valid lease was allowed, but it was a case under the bombay cinemas (regulation) act, 1913 which entitled an occupier to get a licence and hence it was held that licence should not have been cancelled as long as a decree was not passed against the tenant for ejectment. ..... the public safety cannot be secured unless the licensee is not only a person who is liable to penalty for not making compliance with the requirements of the licence, the act and the rules, but is also legally in a position to do so; obviously such person must have a legal connection with the premises to be licensed and cannot be a person having in law no legal interest in it or who is merely a trespasser .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All383
..... an examination of the nature of the power conferred under section 39 of the calcutta police act upon the commissioner of police in respect of grant of licences to keepers of houses and places of public ..... not circumscribed by any express limitations section 18 provided for the cancellation or suspension of a licence here again apart from the case where the licence-holder is convicted of an offence under the act or the rules made thereunder, the section did not expressly specify the grounds upon which the licence could be cancelled or suspended the only requirement mentioned was the recording of reasons in ..... it was pointed out: 'no one circumstance alone will be determinative of the question whether the authority set up by the statute has the duty to act judicially or not the inference whether the authority acting under a statute where it is silent has the duty to act judicially will depend on the express provisions of the statute read along with the nature of the rights affected, the manner of the disposal provided ..... of police, calcutta ..... . the section read : 'the commissioner of police may, at his discretion from time to time, grant licences to the keepers of such houses or places of public resort and entertainment as aforesaid for which no licence as specified in the bengal excise act, 1909 is required, upon such conditions to be inserted in every such licence, as he, with the sanction of the state government, from timeto time shall order, for securing the good behaviour of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All359
..... it is admitted in the instant case that no specific order or warrant within the meaning of section 23 of the police act had been issued to the respondent which he may have disregarded.it also cannot be said that he refused to answer a question put to him by an investigating officer as required by section 161, cr. ..... under sections 22 and 23 of the police act it is the duty of a police officer to obey promptly and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public ..... single judge seems to have been impressed by the definition of the term 'vicious' as connoting savagery, fierceness, ferociousness or mischievousness, and from that he has concluded that to be vicious a man must repeat an act in a way that its impact on others would be to make him seem depraved or dangerous. ..... 'clause (d) of rule 2 defines 'failure to discharge duties properly' to include such acts and omissions on the part of a government servant as are likely to weaken the position and prestige of the government of the indian union or the government of uttar pradesh or which indicate an absence of loyalty and devotion to the ..... joshi more than once but all these acts constitute a series in a single episode in the ..... the case before us, it seems to me that while what the respondent did may be described as a vicious act it' cannot be said that he was given to a vicious habit. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All304
..... should be moved to take cognizance of the case under the criminal procedure code; provided that before the district magistrate is moved by the superintendent o police to proceed criminally with a case under section 29 of the police act or other non-cognizable, section of the law against an inspector, sergeant or sub-inspector, the concurrence of the deputy inspector general must be obtained. ..... reason to take action on information given to him, or or his own knowledge or suspicion, that a police officer subordinate to him has committed an offence under section 7 of the police act or a non-cognizable offence (including an offence under section 29 of the police act) of which he considers it unnecessary at that stage to forward a report in writing to the district magistrate under rule ii above, he will1 make or cause to be made by an officer senior in rank to ..... shall be deemed to exercise this power on behalf the governor.the point is of importance, for if the powers under the police act have, after the constitution merged in the powers of the governor and are exercised by the three authorities on his behalf. ..... in the discharge of his duty, or unfit for the same; (or may award any one or more of the following punishments to any police-officer (of subordinate ranks) who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely :(a) fine to any amount not exceeding one month's pay;(b) confinement .....
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