Court : Delhi
Reported in : 20(1981)DLT252
..... police, central district, delhi, served the petitioner with a notice under section 50 of the delhi police act, 1978 (hereinafter called the act) calling upon him to show cause why he should not be externed from the union territory of delhi for a period of two years under section 47 of the delhi police act ..... order on the ground that earlier on 7th november 1978 on the same material a notice under section 50 of the act was served on the petitioner but the proceedings were dropped and that, again, on 21st march 1979 a notice under section 50 was issued and by an order dated 26th september 1979 the deputy commissioner of police, dropped the proceedings and discharged the respondent and that ..... the petitioner has further alleged that on promise of showing favors he had consented to become a police witness in a number of cases of recovery of contraband and that when he realised the mistake and wanted to get out of this evil circle he came into conflict with shri ..... allegations that since 15.7.67 you are engaged in the commission of illegal act and offences against body or property involving force or violence and that your activities or movements in the limits of the union territory of delhi are causing alarm) danger or harm to the person or property. ..... a.act -do- that the perusal of the above cases and material on record reveal that your activities/movements are of great menace and that you are so desperate and dangerous as to reader your seeing at large in the union territory of delhi or .....
Tag this Judgment!Court : Delhi
Reported in : 32(1987)DLT238
..... district served a notice under section 50 of the delhi police act, 1978, on the petitioner to show cause why he be not externed from the limits of the union territory of delhi for a period of 2 years, on the allegations that since 1975, he is engaged in the commission of illegal acts and offences against body, riot and breach of peace which are causing or calculating to cause alarm, danger or harm to the persons or their property ; that he is involved in 5 cases under the various provisions of the indian ..... prima facie, the essential ingredients to bring the case within the purview of section 47 of the delhi police act have not been proved or complied with. ..... the petitioner filed an appeal u/s 51 of the delhi police act which was heard and rejected by the lt. ..... the submission of the learned counsel for the state is that the deputy commissioner of police took into consideration the over all activities of the petitioner and rightly came to the conclusion that his continued presence in the unionterritory of delhi would prove hazardous to the community. ..... kanth, the then deputy commissioner of police, vide order dated 3.8.83, directed the petitionerto remove himself beyond the limits of the union territory of delhi for a period of three months via shahdara border. .....
Tag this Judgment!Court : Delhi
Reported in : 1984(2)Crimes907; 27(1985)DLT246
..... guest houses fall under the definition of the term 'place of public entertainment' as defined in section 2(1) of the delhi police act, 1978. ..... contended in that suit that the regulations framed under the delhi police act do not prescribe obtaining of such 'no objection certificates' and that it is for the commissioner of police to be satisfied whether license should be granted or not and for this purpose he may hold such investigation that he may consider appropriate, (8) during the pendency of the proceedings before the criminal court under section 112 of the delhi police act, the petitioner sought that they be stayed because of the ..... subsequently in the year 1982 two prosecutions were set into motion by the police under section 112 of the delhi police act for running the said guest house without obtaining the license. ..... pendency of the civil suit and otherwise too till his application for grant of license pending before the commissioner, of police was decided. ..... a result of the power so conferred by these provisions of section 28 of the delhi police act, the commissioner of police framed regulations which were published in the delhi gazette on 19-12-1980. .....
Tag this Judgment!Court : Delhi
Reported in : 2005(84)DRJ588
..... 288/nd amounts to gross misconduct, grave indiscipline, refusal for duty and disobeyence of lawful directions of your senior officer which render you unable for punishment under the provisions of delhi police (punishment and appeal) rules, 1980 and section 21 of delhi police act, 1978'.3. ..... he relies upon rules 15(1), 15(3), 16(i) and 16(iii) of the delhi police (punishment and appeal) rules, 1980 (hereinafter referred to as the rules, for short). ..... petitioner is a head constable in delhi police. ..... 860/nd continued to abusing the si and tried to assault him again and again and stated 'tum to refugee sale aakar hamain sikhago police ke bare mein, main chahoo to tujhe abhi suspend karva sakta hoon too mujhe nahin janta main kaun hoon. ..... rule 15(3) says that the suspected police officer may or may not be present at the preliminary enquiry but if present, he shall not be permitted to cross-examine the witnesses. ..... appeal filed by the petitioner was also rejected by the joint commissioner of police on 19th april, 2003.4. ..... tu kal ka bharti hoga aur tu mujhe sikha raha hai ki police working kya hai'. ..... police ka bedagark hi tere jaise officers ne kiya hai. ..... 288/nd while posted at security picket, new delhi distt. ..... the above act on the part of you hc kishan lal no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993CriLJ3531; JT1993(5)SC189; 1993(3)SCALE706; (1994)1SCC64; [1993]Supp2SCR123
..... this appeal, by special leave, raises the question whether the period of limitation for filing a suit for malicious prosecution against a member of the delhi police is governed by the provisions of section 140 of delhi police act, 1978, hereinafter referred to as 'the act', or by article 74 of the limitation act, 1963.2. ..... this decision, however, shows that the limitation act is a general law and the delhi police act is a special law and negatives the contention to the contrary urged by shri wad.10. ..... the delhi police act has been enacted for the purpose of amending and consolidating the law relating to regulation of police in the union territory of delhi. ..... the said decision has no application to the present case where there is no such repeal because the delhi police act was enacted after the limitation act. ..... 1 to 3 in their written statements, the following preliminary issue was framed:whether the suit is barred by section 140 of the delhi police act.3. ..... sc 1786, it was held that the alleged act of assault and confinement of a suspect in police custody were not acts done under the colour of duty or authority since the said acts had no reasonable connection or nexus to the duty or authority imposed upon the officer under the bombay police act or any other enactment confer ring the powers on the police under the colour of which this act was done and that such acts fell completely outside the scope and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC255; [1995(71)FLR929]; JT1995(7)SC43; (1996)ILLJ982SC; 1995(5)SCALE431; (1995)6SCC157; [1995]Supp3SCR251
..... 11 of the delhi police act, 1978 enumerates the authorities ..... the contentions by submitting that the additional deputy commissioner is of the same rank as the deputy commissioner and perusal of rule 4 of the delhi police (appointment & recruitment) rules, 1980, (for short 'the rules') shows that additional deputy commissioner of police is also an authority on whom the power of appointment has been delegated. ..... attention is then invited to rule 6 of the delhi police (punishment and appeal) rules, 1980 (for short, ..... the appellant, while working as constable under the charge of additional deputy commissioner of police, central district, new delhi, was charged with two-fold grave misconduct: (i) while he was in charge of the sub-jail (naib court) he facilitated on puran, s/o rama, undertrial prisoner, to drink alcohol before being taken to ..... of the rules, the additional deputy commissioner of the police is also one of the appointing authorities; and by the force of section 19 of the general clauses act, he can exercise the powers of the deputy commissioner of police, so, in a given case, even additional deputy commissioner can pass order of dismissal, if what has been provided in section 19 of the general clauses act is also borne in mind. ..... so, it would be clear that where a superior officer has been authorised to perform some duties under an act or a regulation, a subordinate or deputy officer lawfully performing those duties in the place of his superior is equally empowered to perform .....
Tag this Judgment!Court : Delhi
Reported in : 1984(3)Crimes409; 25(1984)DLT343; 1984(6)DRJ231; 1984RLR171
..... (1) upon a request by the sho moti nagar for extern' ment of the petitioner, a notice was issued on 31-7-1982 to the petitioner chander bhan soni of karampura under section 50 of the delhi police act, 1978 that he was from 1972 to 1982 involved in several criminal cases in' eluding attempt to murder, robbery, theft, keeping and receiving stolen property, harbouring criminals, keeping of arms, etc. ..... 290 or sections 489a to 489e (both inclusive) of that code or in the abetment of any such offence; or (c)that such person :- (i)is so desperate and dangerous as to render his being at large in delhi or in any part thereof hazardous to the community; or (ii)has been found habitually intimidating other persons by acts of violence or by show of force; or (iii)habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription of threatens people for illegal pecuniary gain for himself or for ..... was still er.gaged in the commission of offences, (2) that witnesses are not willing to come for ward to give evidence in the public against him, (3) that in the interest of public, and (4) that in order to prevent breach of peace in delhi) it was necessary to extern him under section 47 of the police act. ..... he was externed from delhi area though he was not a resident of delhi and the delhi police had no jurisdiction on nim. ..... he did not file an appeal under section 51 of the police act and has now challenged the aforesaid order by means of this petition. .....
Tag this Judgment!Court : Delhi
Reported in : 2010ACJ1; 162(2009)DLT264
..... prosecutions should be launched under section 98 of the delhi police act, 1978, and section 289 of the indian penal code, 1860 against the owners of any cattle and bovine animals which are found on the streets ..... under section 298 of the delhi municipal corporation act, 1957 and section 202 of the new delhi municipal council act, 1994 (hereafter the act) all the public streets within delhi or new delhi are vested in the municipal corporation of delhi or the new delhi municipal council, as the ..... in this case, the injuries on the deceased, recorded in the post mortem report, and the statement taken down by the police in the course of investigation, corroborate the findings in the inquest proceedings, that death occurred due to the injuries inflicted by ..... in this context, it is sufficient to say that the decision of this court in kasturilal : (1966)iillj583sc upholding the state's plea of sovereign immunity for tortious acts of its servants is confined to the sphere of liability in tort, which is distinct from the state's liability for contravention of fundamental rights to which the doctrine of sovereign immunity has no application in the constitutional scheme, and is ..... of custodial death for the infraction or invasion of his rights guaranteed under article 21 of constitution of india, it is not always enough to relegate him to the ordinary remedy of a civil suit to claim damages for the tortious act of the state as that remedy in private law indeed is available to the aggrieved party. .....
Tag this Judgment!Court : Delhi
Reported in : 115(2004)DLT670; 2005(79)DRJ159
..... for the disposal of this petition, briefly stated, are that a notice under section 50 of delhi police act, 1978 (hereinafter referred to as ''the act'' only) dated 4.12.2001 was issued by additional deputy commissioner of police to the petitioner to show cause as to why proceedings under section 47 of the act may not be initiated against him and why he should not be externed from the local limits of delhi for a period of two years. ..... of the material is not a matter to be weighed by the court and in case the competent authority has some material from which a reasonable inference can be drawn that a person is of desperate character and his movements and acts are capable of causing danger, alarm or harm to the general public, the view adopted by the competent authority has to be sustained and can not be substituted by the view of the court. 9. this court is thereforee ..... learned counsel for the petitioner has vehemently argued that the externment of the petitioner from delhi is unwarranted and illegal inasmuch as the petitioner has been acquitted or discharged in all the cases except one of fir no.71/2001, which ..... was held that sections 47 and 50 of the act have to be read strictly and every apprehension of the police is not enough for passing an order of externment ..... commissioner of police had no reliable or trustworthy evidence to hold that the witnesses from public were not willing to depose against the petitioner or the presence of the petitioner in delhi as hazardous or dangerous .....
Tag this Judgment!Court : Delhi
Reported in : 2003(66)DRJ804
..... indisputably the terms and conditions of service of the constables are governed by the provisions of the delhi police act, 1978 (in short, 'the said act'). ..... 'the above act on your fact amount to grass misconduct, remissness and negligence which renders you liable for departmental action under section 21 of delhi police act, 1987.sd/-(tilak ram)insp. ..... class iv employees of the delhi police in addition to the rules and regulations made under the said act including central civil services (conduct rules, 1964 (in short, ccs rules').2. ..... in terms of the provisions of the said act, rules were framed known as delhi police (appointment and recruitment) rules, 1980 (in short, 'the appointment rules') and delhi police (punishment and appeals) rules, 1980 (in short, 'the punishment rules').1.2 in exercise of it powers conferred upon him under section 5 of the said act, the administrator vide notification dated 17.12.1980 declared that the rules and orders as amended or revised from time to time as specified therein shall apply to subordinate civilian and .....
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