Court : Delhi
Reported in : ILR1980Delhi102
..... the delhi police ordinance, 1978 (2 of 1978) replaced, amongst others, the bombay police act as extended to delhi, the ordinance was followed by the delhi police act, 1978 (act no. ..... (4) before the commencement of the delhi police act, 1978 some of the provisions of bombay police act, 1951 (act no. ..... 48 has been served with a notice under section 50 of the delhi police act, 1978 (act no. ..... his comments to assistant commissioner of police, kotwalii stating that the allegations against the assistant sub-inspector were baseless the assistant commissioner of police, kotwali, forwarded the comments on august 28, 1978 with his endorsement to the effect that the petitioner was liable for externment under section 47 of the delhi police act. ..... it is argued that the orders delegating the powers made (turing the currency of the delhi police ordinance, 1978 does not ensure to the benefit of the act. ..... 34 of 1978) (hereinafter referred to as 'the act') by the deputy commissioner of police, north district, informing the petitioner of the allegations against him and calling upon him to show cause why he should not be externed under section 47 of the act from the limits of the union territory of delhi for a period of two ..... 52 of 1978 has been served with a notice under section 50 by the deputy ..commissioner of police, crime prevention, calling upon the petitioner to show cause why he should not be externed under section, 48 of the act from the limits of the union territory of delhi for a period of two .....
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ2647; 59(1995)DLT306; 1996(36)DRJ131
..... the course of arguments challenged the impugned notice only on the following three grounds: 1.the notice is invalid as it was served on the petitioner while the petitioner was in judicial custody; 2.the additional duputy commissioner of police, central district jail, was not empowered to issue notice under section 50 of the delhi police act, 1978 and, thereforee, the notice is without jurisdiction; 3.in the impugned notice no reliance could be placed on cases in which the petitioner had already been acquitted. ..... chaturvedi, commissioner of police, delhi hereby direct that the deputy commissioners of police, and additional deputy commissioners of police posted in the districts, deputy commissioner of police, crime prevention and deputy commissioner of police, crime and railways, shall exercise the powers and perform the duties of the commissioner of police, to be exercised or performed by him, in the union territory of delhi, u/s.50 of the delhi police, act, 1978, provided that the exercise of the powers and the performance of the duties by those officers, by virtue of this order, shall be subject to any ..... chaturvedi, commissioner of police, delhi are as follows: 'in partial modification of the orders noted in the margin and in exercise of the powers conferred by section 8(2) of the delhi police act, 1978, i, commissioner of police, delhi, hereby direct that the deputy commissioners of police and additional deputy commrs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1015; JT1987(1)SC227; (1987)ILLJ337SC; 1987(1)SCALE175; (1987)1SCC631; [1987]2SCR49; 1988(1)SLJ7(SC); 1987(1)LC569(SC)
..... that since rule 32 which provided that 'all provisions contained in the punjab police rules as applicable to the union territory of delhi, relating to the appointments and recruitment of employees are hereby repealed, subject to the provisions as contained in the provisos to sub-sections (1) and (2) of section 149 of the delhi police act, 1978' had been introduced by an amendment of the rules on may 2, 1983 it must be presumed that the punjab police rules, 1934 in so far as they related to the recruitment and appointment of constables ..... the new rule 32 of the rules read as follows:all provisions contained in the punjab police rules as applicable to the union territory of delhi, relating to appointments and recruitment of employees are hereby repealed, subject to the provisions as contained in the provisos to sub-section (1) and (2) of section 149 of the delhi police act, 1978.4. ..... prior to the coming into force of the delhi police act, 1978 (act no. ..... 34 of 1978) (hereinafter referred to as 'the act') with effect from the 1st day of july, 1978, there was in force in the union territory of delhi the police act, 1861. ..... the said writ petition was filed by 23 petitioners, who were applicants for the posts of constables in the delhi police force governed by the act, they prayed for the issue of a writ to the delhi administration to appoint them as constables and for other consequential reliefs. .....
Tag this Judgment!Court : Delhi
Reported in : 1988CriLJ1870; 33(1987)DLT119; 1987RLR505
..... cell dated 6-10-1978 and in exercise of the powers conferred by section 8(2) of the delhi police act, 1978, i, j.n. ..... 50 of the delhi police act, 1978, provided (hat the exercise of the powers and the performance of the duties by those officers, by virtue of this order, shall be subject to any further order or directions which may hereafter, from time to time, be issued orally or in ..... cell dated 29-9-1978 by section 8(2) of the delhi police act. ..... means of this writ petition under article 226 of of the constitution of india, the petitioner kaushalya has challenged the legality of the order dated 25th june, 1987 passed by the deputy commissioner of police, south district, new delhi, externing her under section 47 of the delhi police act (hereinafter for the. ..... ) it is true that it was held that the case in which a person was tried and acquitted cannot form the basis for an action for externment under section 47 of the delhi police act. ..... october, 1978 and '28th february, 1979 had conferred on the deputy commissioners of police and additional deputy commissioners of police all the powers (except the power to make regulation) and perform the duties of the commissioner of police in the whole 'of the union territory of delhi and by virtue of the powers conferred under the said two orders the deputy commissioner of police, south district, was competent to initiate action against the petitioner under section 47 of the act and pass .....
Tag this Judgment!Court : Delhi
Reported in : 38(1989)DLT357; 1989RLR296
..... only those lodging houses which existed prior to delhi police act, 1978 and the police regulations, 1980 and they were registered under the sarais act are running their lodging houses but no new license has been granted'.the further submission is that the authorities have made up their mind not to give licenses to any lodging houses and has thus ..... it is then submitted that the police regulations in question are ultra virus the delhi police act, 1978 in so far as it confers much wider powers on the police authorities in the matter of licensing of the guest houses/lodging houses and imposing conditions on such establishments. ..... section 2(1) of the delhi police act, 1978 defines places of 'public entertainment' as a lodging house, boarding and lodging house or residential hostel and includes and eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where ..... the parliament was aware or the specific provisions of the sarais act when it passed delhi police act because the said provisions regarding internal administration of the sarais were not sufficient to deal with the problems of public safety and peace. ..... the very argument of the petitioners that sarai act being a special act would prevail over the delhi police act itself pre-supposes that both the enactments operate on different fields. ..... bombay police act was made applicable to delhi by an ordinance under the delhi laws act in 1978 and was then converted into an act. .....
Tag this Judgment!Court : Delhi
Reported in : 26(1984)DLT263
..... sabharwal, learned counsel for the appellants, submits that in view of the enforcement of the delhi police (appointment & recruitment) rules, 1980, with effect from 31st december, 1980, the punjab police rules in respect of appointment and recruitment extended to delhi prior to the promulgation of delhi police act, 1978, stood automatically repealed. ..... the wards of delhi policemen, it is conceded, were being given preference over other candidates under the punjab police rules even after coming into force of the delhi police act, 1978', but only prior ' to the promulgation of the, delhi police (appointment & recruitment) rules, 1980. ..... rules, the corresponding provisions contained in ppr relating to appointments and recruitments shall stand superseded and these rules shall operate and be in force, subject to the provisions as contained in the proviso to subsections (1) and (2) of section 149^'^ delhi police act, 1978'(25) it appears that understanding of the officials was that till such a rule is enacted punjab police rules continue to hold the field. ..... according to him sub-rule 12.14 (3) is not in consistent with any of the provisions of the delhi police act, 1978, and thereforee still holds the field as per section 149 of that act. ..... '(3) the learned judge bag negatived the contention that the punjab police rules stood repealed on coming into force of the delhi police act and the delhi police (appointment & recruitment) rules, 1980, made there under. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1800; 2003(2)AWC1581(SC); 103(2003)DLT197(SC); [2003(97)FLR1]; JT2003(2)SC514; 2003(2)SCALE209; (2003)3SCC464; [2003]2SCR129; 2003(2)SLJ359(SC)
..... order made on 11.11.1991 under section 21 of the delhi police act, 1978. ..... was unauthorised and wilful and these facts were fully established in the enquiry; that he had absented himself unauthorisedly on 21 different occasions from the date of his enlistment in the department on 10.7.1978; that in spite of several punishments for lapse of absence on the said 21 occasions, he did not improve himself; that this indicated that he was a habitual absentee and did not ..... ram singh's case held that rule 16.2(1) consists of two parts, firstly, dismissal shall be awarded for the gravest acts of misconduct and secondly, cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service and the length of service of the offender and his claim for pension should be taken into account in an ..... in delhi police. ..... the said rule reads as follows:'dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service, in making such an award regard shall be had to the length ..... said order of dismissal to the additional commissioner of police, new delhi range but the same was rejected by an order ..... the allegation against him is that while he was posted at police station chanakya puri, new delhi he proceeded to avail medical rest for three days on 31.1.1990; that he was to report back on 2.2.1990 when he again extended his leave till 9.2.1990; that again .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(5)SC425; 2006(5)SCALE250; (2006)5SCC228; 2006(1)LC739(SC)
..... upon to explain as to why an order for externment out of the limits of the national capital territory of delhi for a period of two years in accordance with the provisions of section 47 of delhi police act, 1978 be not passed against you.5. ..... initiated against the respondent herein in terms of section 47 of the delhi police act, 1978. ..... (vi) a proceeding under section 47 of the delhi police act stands on a different footing than the ordinary proceeding in the sense that whereas in the latter the details of the evidence are required to be disclosed and, thus, giving an opportunity to the proceeded to deal with ..... dispute that the provisions of section 56 of the bombay police act is in pari materia with section 45 of the delhi police act. ..... to be under section 50 of the delhi police act in continuation of the previous notice dated ..... contentions raised at the bar, at the outset, we may notice sections 47, 48 and 50 of the delhi police act read:47. ..... of any offence under section 61, section 63 or section 66 of the punjab excise act, 1955, as in force in delhi; or(g) on two or more occasions of an offence under- (i) the opium act, 1878; or (ii) the dangerous drugs act, 1930; or (iii) the drugs and cosmetics act, 1940; or(iv) section 11 of the bombay prevention of begging act, 1959, as in force in delhi; or(h) on three or more occasions of an offence under section 105 or section 107 of this act,the commissioner of police may, if he has reason to believe that such person is likely again to engage .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(3)SC545; 2008(3)SCALE614; (2008)4SCC185; 2008(4)SCC185; (2008)2SCC(Cri)768; 2008(2)AICLR484; 2008(2)Supreme562
..... order of the high court dismissing the revision petition was a non- speaking one and as the main plea that the prosecution was bad abinitio as being beyond limitation prescribed under section 140 of the delhi police act, 1978 (hereinafter called the 'act') had not been dealt with as the appellant had been acting under the colour of duty. ..... before us the learned counsel for the appellant has made a volte-face and has submitted that the prosecution against the appellant was completely barred under section 140(1) of the delhi police act as it has not been initiated within 3 months from the date of incident. ..... section 140 of delhi police act is re-produced below:bar to suits and prosecutions. ..... court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three months after the date of the act complained of:provided that any such prosecution against a police officer or other person may be entertained by the court, if instituted with the previous sanction of the administrator, within one year from the date of the offence. .....
Tag this Judgment!Court : Delhi
Reported in : 1991(21)DRJ171; (1992)IILLJ573Del
..... with these averments, the disciplinary authority by an order dated january 7, 1980 directed under section 21 of the delhi police act, 1978, that the department enquiry against the petitioner and constable daya chand be initiated and conducted after observing all usual ..... his posting in the same office, sitting late in the evening and coming early in the morning, his easy access to the files and later on submitting an application to additional commissioner of police (administration), delhi through dcp/west for remarking of record marks allotted to him in the 'a' list test; that all these circumstances are further backed by a strong motive which is very clear in getting more marks in the remarking ..... by the appellant challenges judgment of the learned single judge who had dismissed the appellant's writ petition which had sought to quash the order dated january 21, 1983 passed by the deputy commissioner of police, delhi setting aside the departmental enquiry against the appellant and directing the ab initio initiation of disciplinary proceedings against the appellant. 2. ..... contended by shri saini that the powers of the disciplinary authority are circumscribed by the provisions of rule 16(x) of the delhi police punishment and appeal rules, 1980. ..... on examination of his fauji missal and character roll by the office of the deputy commissioner of police, central district, delhi, received from west district office, it was noticed that all the punishment paper appealed in the fauji missal had .....
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