Court : Gujarat
Reported in : AIR1970Guj157; 1970CriLJ1090; (1970)0GLR781
..... 'notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898), no police officer below the rank: (a) in the case of delhi special police establishment, of an inspector of police, (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; (c) in the presidency town of bombay, of a superintendent of police; and (d) elsewhere, of a deputy superintendent of police; shall investigate any offence punishable under section 161, section 165 or section 165-a of the indian penal code, 1860 (act xlv of 1860) or under section 5 of this act, without the order of a presidency magistrate or a magistate ..... of the first class, as the case may be, or make any arrest therefor without a warant;provided that if a police .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ142; (1961)GLR664
..... this change has been effected by section 5a of the prevention of corruption act, which reads as follows:notwithstanding anything contained in the code 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 any offence punishable under section 161. ..... section 5a provides that notwithstanding anything contained in the code of criminal procedure, 1898, (act v of 1898), no police officer below the rank of a deputy superintendent of police shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code or under sub-section (2) of section 5 of the prevention of corruption act. ..... in : 1957crilj892 , it was held that although the provisions of the prevention of corruption act relating to the rank of the police officer in the matter of investigation of an offence under the act had not been complied with, the defect in the investigation would not take away the jurisdiction of the special magistrate to try the ease, hi view of these decisions, notwithstanding the illegality in the investigation and ..... section 551 of the criminal procedure code and section 91 (sic) of the police act give the same powers to all superior officers of police. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... police, air 1961 s'c 705, where the question was regarding the licence for conducting a tea house under the calcutta police act ..... 1964 guj 102), in the context of renewal of licence under the bombay police act, 1951, when that function was held to be purely an administrative one ..... war-time legislation, the licensing scheme especially in the context of the power to revoke or modify a license, must be interpreted on the presumption that in exercising this discretion, the authority must act fairly at least in accordance with essential principles of natural justice' of a prior notice and reasonable opportunity to be heard, and on the objective existence of the grounds on which the power ..... make a decision affecting private rights or relating solely to the treatment of an individual, it is either held to be a quasi-judicial power, or such as to imply a statutory duty to act fairly in accordance with the essential principles of justice of at least a previous notice and reasonable opportunity of being heard before an impartial authority, and a further duty to come to as honest decision ..... in respect of any prohibited armsor prohibited ammunition; * * * * * (b) (i) where such licence is required by a person whom the licensing authority has reason to believe (1) to be prohibited by this act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR698
..... section 140 of the indian companies act 1913 section 240 of the companies act 1956 section 19(2) of the foreign exchange regulations section 171-a of the sea customs act 8 of 1878 section 54 of the calcutta police act section 10 of the medical and toilet preparation act 11 of 1955 section 8 of the official secrets act 19 of 1923 section 27 of the petroleum act 30 of 1934. ..... of an investigation having reasonable grounds for believing that anything necessary for purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station and that such thing cannot be otherwise obtained without undue delay to record in writing the grounds of his belief and specify in such writing the thing for which search is to be made and ..... a document which is not his statement conveying his personal knowledge relating to the charge against him he may be called upon by the court to produce that document in accordance with the provisions of section 139 of the evidence act...the learned chief justice did not expressly refer to the source of the power but apart from section 94(1) of the code of criminal procedure there is no other provision which enables a magistrate to summon a person to produce ..... act authorises a magistrate for the purposes of any investigation or proceeding under the code of criminal procedure 1898 to order any person to be produced or to attend at any time for measurement or photograph to be taken by a police .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj102; (1963)GLR897
..... of police, calcutta 0043/1960 : [1961]3scr135 , where the validity of the provisions of section 59 of the calcutta police act were challenged ..... of the contesting parties who are opposed to each other, there 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 (2) 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 proposing to do the ..... the petitioner had been granted a licence under the bombay police act, xxii of 1951, but as that licence was to expire on december 31, 1962, he had applied for its ..... its setting to decide whether the absence of a provision for hearing and for requiring the commissioner to give reasons for refusal, would make the section unconstitutional, they stated that the section appeared in the police act which dealt generally with matters of law and order. ..... neither the bombay police act nor the rules provide for any enquiry or a right to be heard before the decision is arrived at by the licensing ..... are made by the commissioner of police under the powers reserved to him by section 33 of the act. ..... given for the refusal to renew the licence was that the petitioner had committed breach of rules 9 and 14 of the rules made by the commissioner of police by virtue of the power reserved to him under section 33 of the aforesaid act. .....
Tag this Judgment!Court : Gujarat
Reported in : 1999CriLJ3474
..... significantly the grounds of detention disclose that show cause notice under section 56-a and b of the bombay police act was issued on 30.3.1998 proposing externment of the petitioner and calling upon him to show cause. ..... through this writ petition under article 226 of the constitution of india, the petitioner has challenged the detention order dated 22.6.1998 passed by the police commissioner, surat city, under section 3(2) of the prevention of anti-social activities act (for short 'pasa') and has prayed for quashing of the said detention order and has further prayed that he may be released from illegal detention.2 ..... so far as the second incident is concerned it is not worthy that it occurred on 5.5.1998, whereas the show cause notice under section 56(a) & (b) of the bombay police act for showing cause why the petitioner be not externed was issued on 30.3.1998. ..... notice of externment was also issued to the petitioner under section 56(a) & (b) of the bombay police act on 30.3.1998. ..... witness was not only beaten, but rs.800/were snatched from the witness, and the petitioner also threatened the witness that if he will approach the police and lodge the complaint he shall be done to death. ..... was threatened not to inform the police otherwise he would be killed. ..... wrist watch was also snatched away and he was threatened that in case he would lodge complaint with police he will be done to death. ..... was done under the doubt that the witness was police informer. ..... or under chapter : v of the arms act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)1GLR562; (1978)ILLJ215Guj
..... members of the police force of the state of gujarat are primarily governed by the bombay police act and by special and general orders issued by the government in exercise of the various powers conferred on the state government and other higher officers of the police force, viz. ..... in other words, bombay police manual is a compilation of various orders made by the state government, inspector-general or commissioner of police in exercise of powers conferred upon them under different provisions of the bombay police act. ..... it may also be noticed that police force of the gujarat state has been set up under the bombay police act, 1951. ..... bombay police act was enacted to consolidate and amend the law for the regulation of the police force in the state of bombay. ..... 5 of the bombay police act provides for prescribing the strength of each rank. ..... , commissioner of police and inspector-general under various provisions of the bombay police act. ..... 5 of the bombay police act. ..... (1) every police officer not on leave or under suspension shall for all purpose of this act be deemed to be always on duty, and police officer or any number or body of police officers allocated for duty in one part of the state may, if the state government or the inspector-general so directs, at any time, be employed on police duty in any other part of the state for so log as the services of the same may be there required. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj140; (1973)GLR952
..... daya debi's case is distinguished by the supreme court on the ground that in that case the assignment of rent had taken place prior to the institution of the suit , and therefore, the calcutta high court in daya debi's case opined that at the time of the institution of the suit. ..... if it is believed that the word 'landlord' appearing in section 12 should not necessarily be interpreted as defined in section 5 (3) of the rent act, the fact remains that so far as the petitioner-tenant is concerned, his debt carried with it the character of rent in arrears.32. ..... the section does not define the expression 'actionable claim' but this definition is found in section 3 of the act, which says that 'actionable claim 'means 'a claim to any debt, other than' a debt secured by mortgage of immoveable property or by hypothecation or to pledge of moveable proper, or beneficial interest in moveable property not in the possession, either ..... if this is so, we must proceed on the footing that the word, which is found used in section 12 of our rent act, would not include the persons who were not landlords according to the meaning attributed to that term under the general law of landlord and tenant at the time when ..... the learned judges of both the lower courts have found that according to section 23 of the rent act, the petitioner-tenant was not entitled to deduct or recover any amount on account of repairs, which exceeded 1/4th of the rent payable by the tenant for the whole year, excluding 1/4th of the .....
Tag this Judgment!Court : Gujarat
Reported in : 1984CriLJ1881
..... mean any registered medical practitioner authorized by general or special order by the state government under sub-section (1) or sub-section (4) of section 129a of the act as per rule 3 of the rules, a registered medical practitioner before whom a person is produced under sub-section (1) of section 129a of the act by a police officer or a prohibition officer for the purpose of medical examination of such person or collection of his blood, shall examine such person and, if he deems ..... so far as his conviction under section 110 read with section 117 of the bombay police act is concerned the learned sessions judge in para 18 of his judgment has found relying on the evidence of panch witness, that the accused was speaking abusive language and that ..... the sentence for the offence punishable under section 85(1)(3) of the prohibition act was confirmed conviction under section 110 of the bombay police act was, however, altered to conviction under section 117 of the bombay police act and the sentence of fine of rs. ..... accused under section 117 of the bombay police act and the sentence of fine of rs ..... sub-section (1) of section 129a provides:(1) when in the investigation of any offence under this act, any prohibition officer duly empowered in this behalf by the state government or any police officer, has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof, it .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR558
..... period, the state government may appoint an officer to prepare and submit to the state government in prescribed manner a draft development plan.17.3 sub-section (1) of section 12 of the said act provides that a draft development plan shall generally indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in ..... alia, stated that after the decision of the hon'ble supreme court, the state government issued a notification on 22nd july 2004 under proviso to section 17(1)(a)(iii) of the said act inviting suggestions and objections with respect to the proposal for modification of the draft revised development plan pertaining to the lands in question by removing the reservation for education complex of south ..... exercise whereof may make serious inroads into the rights of property of private individuals, courts have to see whether there is any guidance to be collected from the act itself, its object and its provisions in the light of the surrounding circumstances which made the legislation necessary taken in conjunction with well known facts of which the ..... and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this act;(o) such other proposals for public or other purposes as may from time to time be approved by the area development authority or as may be directed by the state government in .....
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