Judgment Search Results Home > Cases Phrase: protection of civil rights act 1955 Court: allahabad Page 1 of about 528 results (0.072 seconds)

Ram Prit Vs. State of U.P.

Court : Allahabad

Reported in : 1991CriLJ3069

..... provisions act, 1976, the aforesaid untouchability act was amended renaming it as protection of civil rights act, 1955 and ..... connection, the ills of the caste-system and the vigorous crusade against it by founders of our 'freedom-movement' ending with the conferment of the fundamental right of 'equality before law' on every citizen of this country, shall have to be noted here, imagining the aspirations of the appellant in the contemporary national ..... the parliament then proudly passed untouchability (offence) act, 1955 as it was noticed that 'this cancer of untouchability has entered into very ..... the aforesaid discussions while the prosecution case has to be accepted, the totality of the circumstances indicate that the appellant had acted under grave and sudden provocation and, therefore, the charge proved against him will be that of section 304, part (i) ..... of entry in an area of 1' x 1' on the right side of face each measuring 1/4' x 1/4' x muscle deep.3 ..... case vehemently and criticised the prosecution witnesses on one ground or the other, lastly he had argued that the charge of section 302, ipc as well as under section 25 of the arms act has not been proved against the appellant. ..... registered under section 302, ipc and section 25 of the arms act and after completing the investigation against the appellant and co-accused ram palat both accused were charge-sheeted under section 302, ipc while a separate charge-sheet under section 25(1)(a) of the arms act was filed against the appellant.5. .....

Om Narayan Vs. State of U.P. and Others.

Court : Allahabad

..... . removal of social disabilities act, 1947 or the protection of civil rights act, 1955; (m) is debarred from practising as a legal practitioner by order of any competent authority; (n) has been declared under section 23 to have committed any corrupt practice within the meaning of that section and such declaration continues to be effective; or (o) is not ..... holding any office under it; (e) is an undischarged solvent; (f) has been convicted of an offence involving moral turpitude; (g) has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the essential commodities act, 1955; (h) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the essential supplies (temporary ..... 7 has incurred a disqualification for the time being, for contesting the election of the state legislature, in view of section 8(3) of the representation of people act, 1951, he would be protected by the provisions of section 8 sub-clause (4) of the act, which provides exemption from the aforesaid disqualifications in case of a sitting member of parliament or state legislature for the period given therein. 16. .....

Nanhey Vs. State of U.P. and Others

Court : Allahabad

..... removal of social disabilities act, 1947 or the protection of civil rights act, 1955; or (n) has been removed from office under sub-clauses (iii) or (iv) of clause (g) of sub-section (1) of section 95 unless such period, as has been provided in that behalf in the said section or such lesser period as the ..... it; (f) is an undischarged involvement; (g) has been convicted of an offence involving moral turpitude; (h) has been sentenced to imprisonment for a term exceeding three months for contravention for any order made under the essential commodities act, 1955; (i) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the essential supplies (temporary powers ..... learned counsel for the parties to address the court on the issue that, if an involvement in a criminal case for having been charged for an offence involving moral turpitude, is not a disqualification under section 5-a of the act 1947, then could such a ground be made available to dislodge an elected gram pradhan for an offence by way of removal under section 95 (1) (g) (ii) for an offence that was allegedly committed prior to the election of such a person ..... after receipt of the reply, the appellant has been removed on the ground that his continuance stands curtailed as he had become incapable of acting as pradhan upon having been found that he was an accused and charged for an offence involving moral turpitude in which he was charge sheeted and is .....

Ram Gopal Gupta Vs. Assistant Housing Commissioner and ors.

Court : Allahabad

Reported in : AIR1969All278

..... the fact that an allottee's right of occupation is substantial enough, according to the legislative verdict found in the act, to deserve the procedural protection of an opportunity to be heard before its deprivation, is demonstrated by section 12 (2) of the act which gives such opportunity before ..... where two alternative remedies are left open by statutory provisions for the eviction of an occupant of government premises, one by means of a civil suit and another by means of summary proceedings taken by the collector under section 5 of the punjab public premises and land (eviction and kent recovery) act 31 of 1959, without any statutory guidance to regulate the exercise of the discretion to choose between, the two remedies, the statutory provision ..... the uttar pradesh industrial housing act 23 of 1955 (hereinafter referred to as 'the act'), is certainly a piece of beneficent ..... the supreme court in : [1967]3scr399 , i hold that section 21 of the uttar pradesh industrial housing act, 1955 contravenes article 14 of the constitution, and is, therefore, void.30. ..... 220 of the constitution the petitioner has challenged certain proceedings under the uttar pradesh industrial housing act, 1955 (u. p. ..... hazaribagh : [1955]2scr988 , provisions of section 4 (h) of the bihar land reforms act, 30 of 1950, empowering the collector to annul, after due inquiry certain transfers made with the object of defeating the provisions of the statute or causing loss to the state or obtaining higher compensation and .....

Bobby Alias Premveer and anr. Vs. State of U.P.

Court : Allahabad

Reported in : 2000CriLJ4125

..... author of the laws is fully aware of the inapplicability of the provisions in the prisoners (attendance in courts) act, 1955, came to enact the provisions of sections 267 to 271 in the new code and introduced a parallel new chapter xvi-a of the civil procedure code. ..... safe under certain exceptions under the entire scheme of the code, the accused has no participation as a matter of right during the course of the investigation of a ease instituted on a police report till the investigation culminates in filing of a final report under section 173(2) of the code or in a proceeding instituted otherwise than on a police ..... police officer arrests an accused, who is already in judicial custody in respect of another crime, then he has no legal right to remove the arrested person from the judicial custody to a prison on his own. ..... laid down as under:-more so, the accused has no right to have any say as regards the manner and method ..... it is also aware that the investigating officer is within his rights to investigate a cognizable offence and every magistrate having local jurisdiction shall be bound to unless for special reasons, it is refused, issue bailable or non-bailable warrant for production of an accused under ..... enshrined under article 21 of the constitution of india and also the valuable safeguards provided under article 22 of the constitution of india, their lordships have nonetheless put under bracketed limitation the accused's right to challenge the manner and method of investigation. .....

Mehboob Raza Khan Vs. Mohd. Shah Khan and ors.

Court : Allahabad

Reported in : 1979CriLJ228

..... was then in such possession, or is unable to decide as to which of them was then in such possession, of the subject of dispute, he may attach it, and draw up a statement of the facts of the case and forward the record of the proceeding to a civil court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute at the date of the order as explained in sub-section (4) of section 145; and he shall direct the ..... 257..a repeal, therefore, without any saving clause, would destroy any proceeding whether not yet begun or whether pending at the time of the enactment of the repealing act and not already prosecuted to a final judgment so as to create a vested right.the question for consideration is as to what is the effect of repeal of the old code with a saving clause. ..... the saving is only to the limited extent of protecting the applicability of old procedure in respect of any appeal, application, trial, enquiry or investigation pending in a particular court or forum at the time of repeal but does not extend to continuation of such proceedings higher up by way of appeal or revision in a ..... section corresponds to section 146 of the code of 1898 as it stood prior to its amendment by the code of criminal procedure (amendment) act, 1955. ..... section 29(2) of the bombay act 57 of 1947 was amended by act xviii of 1955 conferring upon the high court a jurisdiction wider than the jurisdiction exercisable under section 115, c.p. .....

B. Malik Vs. Union of India (Uoi) and anr.

Court : Allahabad

Reported in : AIR1970All268

..... long as he was not a member of any regularly constituted service those provisions of the civil service regulations which related to the indian civil service did not apply to him, it is another matter altogether that for the purpose of ascertaining what rights, in respect of pension were secured to sri desai by section 10(2) of the indian independence act the civil service regulations had to be seen, but they had ceased to be actually operative in ..... proviso to article 221 pre-supposes the existence and accrual of a right in respect of the pension on the date of appointment of a judge and protects that right.take the case of a judge appointed under article 217(1) of the ..... 'their lordships also referred to the following observations made in : [1955]2scr541 :--'thus the essential structure of the secretary of state services was altered and the basic foundation of the contractual-cum-statutory ..... feature of clause (a) of section 10(2) was pointed out in : [1955]2scr541 (supra) and what is true of clause(a) is equally true ..... in : [1955]2scr541 (supra) it was observed by their lordships of the supreme court that the question as to whether the indian independence act brought about a full sovereign state for each and every purpose is one of considerable importance and is not free from difficulty and their lordships did not think it necessary to decide the ..... in view of this fact, paragraph 10(4) remained in force till october 19, 1956, and was in force on january 11, 1955, when sri malik retired. .....

Sheo Prasad Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1965All106

..... this definition was adopted by a bench of this court in : air1958all621 and is very similar to our own given above 'any judicial process, be it a suit in the civil courts or any kind of proceedings, whatsoever for the protection, enforcement, or recovery of a civil right or the redress of a civil wrong (sic) a civil proceeding'applying this test to the present case the state has commenced proceeding under section 275 of the zamindari abolition and land reforms act for the realisation of a sum of rs. ..... rigid definitions of legal concepts are undesirable as they evolve with experience, but broadly speaking, any legal process, be it a suit in the civil courts or any kind of proceedings whatsoever held under the authority of the sovereign for the protection, enforcement, or recovery of a civil right or the redress of a civil wrong, is a civil proceeding. 17. ..... 'the jurisdiction of the high court under article 226 is an extraordinary jurisdiction vested in the high court not for the purpose of declaring the civil rights of the parties but for the purpose of ensuring that the law of the land is implicitly obeyed and that the various tribunals and public authorities are kept within the limits of their ..... officer patna 0044/1956 : [1955]28itr70(patna) ; see also : air1958all621 ; state of uttar pradesh v ..... state of madhya pradesh, (s) air 1955 nag 257. ..... in 0044/1956 : [1955]28itr70(patna) the patna high court relied upon some observations of the privy council in raleigh investment co .....

Suraj Prasad Tiwari Vs. Zila Commandant, Home Guards, Hamirpur and Oth ...

Court : Allahabad

Reported in : 1998(3)AWC1622; (1998)2UPLBEC1484

..... the provisions of article 311 of the constitution of india were given a total go-by perhaps on the ground that the state thought that since the petitioner is a volunteer and not holding a 'civil post' has no right to the protection of article 311 of the constitution of-india. ..... the home guards have been given thecorresponding ranks in the police force as may be subject to the provisions of the police act, 1861- a home guard cannot be prosecuted in respect of anything done or purporting to be done by him in the discharge of his duty as a home guard, except with the previous sanction of the district magistrate. ..... in this writ petition, the moot point for consideration and determination is whether a person serving as a company commander, home guards, holds 'civil post' and is entitled to the protection of article 311 of the constitution of india. ..... air 1955 nag 175, in which again a question was whether a person holding rank of deputy company commandant, whose services were terminated without complying with the provisions of article 311 of the constitution of india, is the holder of a 'civil post' or not. ..... air 1955 cal 556, the calcutta high court has held that a member of a special police force has the status of a holder of 'civil post1, entitled to the protection of article 311.13. ..... state of bihar, air 1955 pat 353. ..... commissioner, air 1955 cal 56 and brij nandan v. ..... (1955) 1 ccr 1427 and piyare lal v. ..... (1955) 2 scr 1331. .....

Haji Manzoor Ahmed and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1970All467

..... . lakshmi chand : (1963)illj524sc , their lordships laid down that to make a decision, or an act judicial, the following criteria must be satisfied:--- '(1) it is in substance a determination upon investigation of a question by the application of objective standards to facts found in the light of pre-existing legal rules; (2) it declares rights or imposes upon parties obligations affecting their civil rights; and (3) that the investigation is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascertainment ..... be seen that under article 226 of the constitution the high court has the power and jurisdiction to judicially review the orders of the state government or the orders of any statutory authority affecting the rights of the citizen, whether fundamental or not, and if the order sought to be reviewed is not a speaking order it would create great practical difficulty to the high court in proper performance ..... the secrecy of the secretariate without holding its proceedings in an open forum in the glare of publicity and without the presence of the parties concerned, yet at the same time being under a duty to act judicially, even assuming it has a discretion in the matter, it must justify the exercise of discretion in a particular manner and pronounce a speaking order so that it can be known from the perusal ..... [ ..... revision application under rule 55 of the mineral concession rules 1955 ..... justified in making the order of april 26, 1955 .....