Court : Andhra Pradesh
Reported in : 1998(1)ALD103; 1998(1)ALD(Cri)146
..... that the magistrate passed a reception order authorising the detention of the petitioner under section 24 of the act. the only provisions relating to accused persons of unsound mind, against whom trials and inquiries are held, are in chapter xxv of the cr.pc. the petitioner is not attracted by those provisions.18. the learned iv metropolitan ..... a relative or a friend of the mentally ill person, and part iii of that chapter deals with reception orders. 'reception order' is defined in section 2(5) of the act, as meaning 'an order made under the provisions of this act for the admission and detention of a mentally ill person in a psychiatric hospital or ..... who is in need of treatment by reason of any mental disorder other than mental retardation'. chapter iv of the act provides for admission and detention of mentally ill persons in psychiatric hospital or psychiatric nursing home. part i of that chapter deals with admission for treatment in such hospital or nursing home on voluntary basis of any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991CriLJ613
..... were directed against almost every judge of this court who held against him in any case. his earlier convictions and sentences under the contempt of courts act : 1981crilj315 and 1989 (1) andh lt 55 had little chastening effect on him. he is impervious to reason and reality. his calculated and obstinate defiance dispels any traces ..... a high court from being harassed by dissatisfied and disgruntled litigants. the safeguard is embodied in art. 215 of the constitution. the provisions of the ipc in chapter xi in so far as they concern the judge of a high court, therefore, have no application. as the constitution makers advisedly incorporated a stringent procedure in ..... jurisdiction of the supreme court, the apex court in the country exercising judicial power and jurisdiction throughout the length and the breadth of the country, the chapter is appropriately entitled 'the union judiciary.' in no way it is suggestive of the inference that in connection with the affairs of the union only the union .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All584; 1958CriLJ994
..... the indication given in paragraph 477 of the police regulations the rules embodied in chapter xxxii have been, framed under section 7 of the police act and have the force of law and are not only directory or administrative.the superintendent of police who conducted the departmental trial did not observe ..... the regulations themselves.paragraph 486 finds a place in chapter xxxii of the police regulations and paragraph 477 with which the chapter starts indicates that the rules in chapter xxxii have been made under section 7 of the police act and apply only to officers, appointed under section 2 of the police act (act no. v of 1861). in view of ..... procedure and the conditions for departmental trial under section 7 of the police act. it is expressly provided that every information received by the police relating to the commission of a cognizable offence by a police officer shall be dealt with in the first place under chapter xiv, cr. p. c., according to law, and a case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All733
..... dealer in motor vehicles punishable if he sells or delivers a motor vehicle in such condition that the use thereof in a public place would be in contravention of chapter v or any rule made thereunder.sections 123, 124 and 125 make persons doing certain things in contravention of the provisions of certain sections punishable. other sections, ..... one punishable for selling or delivering a motor vehicle in such condition that the use thereof in a public place would be in contravention of chapter v or any rule made thereunder. chapter v consists of two sections 69 and 70. section 69 provides that a motor vehicle shall be so constructed and so maintained as to be ..... did not. restrict itself merely to transport vehicles or to the owners of those vehicles.18. it is significant to notice that the various-sections in chapter ix of the act dealing with offences, penalties and procedure are expressed in different forms. section 112 makes a person punishable for his contravening any provision of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... of the house of commons was appointed in 1772 which submitted its report in 1773. accordingly the british parliament passed in 1773 an act, known as the regulating act (13 george iii. chapter 63) for establishing certain regulations 'for the better management of the affairs of the east india company'. it inter alia dealt with ..... of and the law administered in, any existing high court......... shall be the same as immediately before the commencement of part iii of this act.''part iii of the act (chapters i to vi) related to the governors' provinces, the provincial executives, the provincial legislature. legislative powers of governor etc. part iii came into ..... of the entire territories acquired by and in possession of the east india company and an act in that behalf called the 'government of india act, 1858' (21 and 20 victoria chapter 106) was passed by the british parliament. this act did not, however, contain any provision in regard to judicial administration. in 1861 the british .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All369
..... section 17 provides that any person who attempts to commit or abets the commission of an offence under the ordinance shall be deemed to have committed that offence.12. chapter 4 deals with the powers of courts and procedure, and contains four sections, the first of which, section 18, has already been set out in extenso. section 19 ..... bank of commerce ltd. 34 a.i.r. 1947 p.c. 60. in that case the board had to consider the validity of the bengal money-lenders' act, 1940, an act of the bengal provincial legislature which, it was argued, was ultra vires in whole or at any rate where in any place it affected the law regulating negotiable ..... substance of the ordinance is the prevention of communal disturbances, a matter which falls within item 1 - public order - in list ii in schedule 7, government of india act, 1935, and within the legislative field of the provincial legislature and therefore of the governor. the tact, therefore, that such legislation incidentally touches, in section 10 upon a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... in our opinion, probably be going too far to say that in the circumstances of today section 18 of the indian railways act, section 4 of the indian post office act and section 4 of the indian telegraphs act are invalid because they prohibit, or tend to prohibit, the carrying on of certain occupations, trades or businesses by citizens ..... change in the position of the law in regard to the temporary permits by the ordinance no. xxxi [31] of 1946 under the defence of india act, 1989, we are not concerned as temporary permits issued during the war period for reasons other than specified in section 62 expired with the termination of the war ..... to is that even on the assumption that fundamental rights which incidentally are changeable under the constitution by a less cumbersome procedure than some articles in some other chapters constitute a guarantee to existing businesses, professions and trades and the restrictions placed upon them can, in the interest of the public, amount to virtual prohibitions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP20; 1967CriLJ76
..... 6. before examining the respective contentions of the parties, we shall briefly examine the salient features of the rules so far as they are relevant for our present purpose. in chapter i of the rules. ' dealer ', ' gold ' and 'ornament' have been defined in clauses (c), (d) and (f) of rule 126-a as follows:' ..... , and includes :-- (i) an undivided hindu family which carries on such business; and (ii) a local authority, company, society registered under the societies registration act, 1860 (21 of 1860), co-operative society incorporated under any law with respect to co-operative societies, club, firm or other association which carries on such business ..... contending that the memorandum only contained the opinion of the writer of that memorandum against whom certiorari did not lie. similarly, there is no threatened act against the petitioner, which could be restrained by a writ, order or direction prohibiting the respondents from interfering with the business of the petitioner relating .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC296; [1965]3SCR402
..... could be entered with respect to themining leases granted by following the other procedure and therefore itsprovisions can partially apply to the mining leases granted under chapter v.rule 25 will also usually apply to applications only, as in the case ofgranting a mining lease otherwise, the government would have ordinarily alreadydecided ..... subject to the discretion in the government to relaxits provisions and there is no reason why it would have been made in applicableto mining leases granted under chapter v. rule 27 provides that the boundariesof the area covered by a mining lease shall run vertically down below thesurface towards the center of the earth ..... opinion that the high court has cometo a right conclusion on these two points.5. section 5 of the mines and minerals (regulation and development) act,1948 (act liii of 1948) empowered the central government to make rules, bynotification in the official gazette, for regulating the grant of mining leasesor for prohibiting the grant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ALD63(SC); [2008(2)JCR86(SC)]; JT2008(1)SC364; 2008(2)KLT105(SC); 2008(1)SCALE231; 2008AIRSCW787; 2008(2)ICC175
..... in order to appreciate the submissions made on behalf of the state it would be necessary to examine the relevant provisions of law. chapter vi of the act contains provisions dealing with the prevention and detection of offences. the chapter begins with section 50 that gives to the specificied officers the powers of entry, search, arrest and detention. it is a long section ..... be released in the owner's favour during the pendency of the trial.11. we are also unable to accept the submission that section 50 and the other provisions in chapter vi of the act exclude the application of any provisions of the code. it is indeed true that section 50 of the ..... 51 expressly excludes application of section 360 of the code and the provisions of probation of offenders act to persons eighteen years or above in age. but it does not mean that section 50 in itself or taken along with the other provisions under chapter vi constitutes a self-contained mechanism so as to exclude every other provision of the code. .....
Tag this Judgment!