Judgment Search Results Home > Cases Phrase: the himachal pradesh police act 2007 Court: allahabad Page 1 of about 1,694 results (0.168 seconds)

National Insurance Company Ltd. Through Its Regional Office Vs. Leela ...

Court : Allahabad Lucknow

..... his contention, he has placed reliance on the judgment given by himachal pradesh high court in the case new india assurance company ltd. v ..... high court of himachal pradesh in the case new india ..... reward, and includes a maxicab a motorcab, contract and stage carriage:" " 2(40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for (sic) or reward at separate fares paid by or for individual passengers either for the whole journey or for stages of the journey:" "2(47) "transport vehicle" means a pubic services vehicle a goods carriage an educational institution bus or a private service vehicle:" (underlined for emphasis) "liability" as defined ..... for hire or reward at separate fares paid by or for individual passengers either for the whole journey or for stages of the journey:" "2(33) "transport vehicle" means a public service vehicle or a goods vehicle:" the act (new act): 6 "2(14) "goods carriage" any motor vehicle constructed or adapted for use solely for the carriage of goods or any motor vehicle not to constructed or adapted when used for the carriage of goods:" "2(35) "public service vehicles" means any motor vehicles used or adapted ..... others, 2007 aicc 635, so the owner of the vehilce, sri sanjay kumar gupta cannot derive any benefit from the said judgments ..... and others, 2007 aicc 635, held as under:- "on a closer reading of the expressions " ..... and others, 2007 (3) tac ..... , 2007 aicc ..... and others, 2007 (3) tac ..... in (2007) 7 scc .....

Constable 3461 Baliram Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2010(1)AWC230

..... of himachal pradesh and ors ..... , 736/2005, 729/2005 and 653/2005) in order to save himself from the criminal liability, as he was an accused in the criminal case registered by the police in respect of the incident of death of constable late rajesh kumar tiwari. ..... act and 3/4, prevention of damage to the public property act was registered at police station ram janma bhumi, faizabad against the petitioners and other ..... only on the basis of the statement of vikas srivastava, company commander, who had recorded his statement before the enquiry officer naming the petitioners and other constables to be involved in demonstrations and gherao of the vehicle carrying the dead body of late constable rajesh kumar tiwari, which action of the petitioners according to him created law and order problem on the spot, the petitioners were ..... natural that due to death of a colleague, the atmosphere was highly surcharged with emotions and if any act was done by the petitioners in that atmosphere after seeing the dead body of their colleague, it could not be defined as misconduct and such act could have been pardoned taking into account past work, conduct and performance of the petitioners, which always remained satisfactory. ..... tribunal has also taken note of these facts in its judgment rendered on 20.12.2007, a copy of which has been annexed as annexure-13 to the writ petition, and directed for reinstatement of four constables in service.10. ..... 2007 sccl com 1235; bharat ..... tribunal, rendered on 20.12.2007. .....

Tasleem Ahmad Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : 1990CriLJ1695

..... himachal pradesh, air 1988 sc 1789 : 1988 cri lj 1816 where the supreme court reduced the sentence of six months' imprisonment to that already undergone and took the view that no useful purpose would be served in sending the applicant to prison at this point of time for serving the remaining period if sentence though ordinarily in ante-social offence punishable under the act, the court should take strict view in the matter ..... in the present case the conviction was recorded against the applicant under section 7/16(1)(a)(i) of the prevention of food adulteration act, 1954 (hereinafter referred to as the act) on the ground that the sample of biscuits taken from the shop of the applicant, which were kept in the shop for sale, were reported by the public analyst to contain alcoholic acidity of extracted fat of 2% as against the maximum permissible ..... i find it difficult to take the similar view by reducing the sentence to that already undergone in view of the provisions of section 16(1) of the act whereunder it is provided that the offender shall be punishable with imprisonment for a term which shall not be less than six months and which may extend to three years and a fine which shall not be ..... section 2(ia)(m) of the act provides that an article of food shall be deemed to be adulterated if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability but which does not render it .....

Dadan Singh Vs. State of U.P.

Court : Allahabad

Reported in : 1993CriLJ1785

..... the same proposition of law has been laid down in a large number of decisions, referred to by the learned counsel for the accused, by the andhra pradesh, himachal pradesh, guwahati, delhi, madhya pradesh, madras, rajasthan and punjab high courts ..... air 1978 sc 597)the intention of the legislature obviously is that, when such stringent punishments are provided under the act, there should be sound safeguards to ensure that innocent persons are not harassed or unnecessarily detained by any arbitrary or whimsical actions of the police or the other authorities.it may be that during the trial, the prosecution may be able to show that, notwithstanding the non-compliance of this provision, there was no prejudice caused to the accused, but it may also be that the prosecution may fail in this ..... in the cases of abdul rashid ibrahim mansuri 1991 (1) efr 21 and suraj mal kanahiya lal soni 1991 (1) efr 58 (db) the gujarat high court has taken the view that section 50 does not make it mandatory for the police officer to inform the accused that he could have his search made before the magistrate or police officer and he will be bound to take him to the magistrate or gazetted officer only if he asks for it and further that section 42 of the act also is not ..... ) so far as compliance of section 50 of the act is concerned, the police officer or the other authorities are bound to inform the accused of his right to have himself searched before a magistrate or any other officer mentioned in the section. .....

Prem Kumar Singh and Others Vs. State of U.P. and Others

Court : Allahabad

..... . 2628 of 2008, challenged the validity of the instructions dated 7th september, 2007 issued by the state of himachal pradesh, which made provision for reservations in the matter of promotions with consequential seniority in all classes of posts in the services under the state in favour of the scheduled castes and scheduled ..... representation and without addressing to the provisions of article 335 of the constitution, obviously for the reason that 77th and 85th amendments of the constitution, each were made after the aforesaid legislation, providing reservation indefinitely by act of 1994, which was also not in consonance with the dictum of the apex court in the case of indra sawhney, though the 1993 act, which provided reservation for a period of five years with effect from 16.11.1992 only, was in keeping with the aforesaid judgment. 47. indra ..... thereafter without following the mandate of articles 16(4), 16(4-a) and 16(4-b) of the constitution, the same is continuing, therefore, such government orders and enactments, in particular section 3(7) of 1994 act, cannot be held to be valid nor can continue in operation any further unless the state government undertakes the requisite mandatory exercise for collecting quantifiable data regarding the backwardness of the class, its inadequate representation in class or classes of posts in the services under the state, of course without compromising with the efficiency in administration, as per the dictates of the constitutional .....

Ram Lakhan Sheo Charan and ors. (In Jail) Vs. State of U.P.

Court : Allahabad

Reported in : 1991CriLJ2790

..... it was also held by a single bench of the himachal pradesh judicial commissioner's court that statement under section 164 of code cannot be used as a substantive piece of evidence. ..... 1) was a witness relating to the information about the presence of the dead body and his report regarding this dead body in the police station. ..... in the aforesaid police station that while on duty he reached old bus station and there he had been informed by people of the locality that the dead body was lying near well. ..... emperor : air1942cal36 a division bench of the calcutta high court had held that the statements under section 164 of the code can be used only to corroborate or contradict the statements made under sections 145 and 157 of the indian evidence act. ..... we are surprised that the learned sessions judge, little realizing the value of the statements under section 164 of the code, had placed implicit reliance on these statements and held the appellants guilty. ..... emperor the privy council had observed that the statement under section 164 of the code cannot be used as a substantive evidence and which can only be used to contradict and corroborate the statement of a witness given in the court. ..... there was no justification for holding the appellants guilty under section 302, ipc on the basis of the statements made under section 164 of the code of criminal procedure (hereinafter referred to as the code).10. .....

Rakesh Kumar Sharma and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2004(3)AWC2234

..... it is true that in the said case, the supreme court after considering the scheme of himachal pradesh municipal act, 1968, held that the power is administrative power of the state, which requires giving of an opportunity to the affected aggrieved party. ..... kshetra panchayat and zila panchayat adhiniyam, 1961, police act and (the) bengal, agra, assam civil courts act, 1887 and code of criminal procedure contemplate different kind of 'district' from one created under section 11 of the act.48. mr. ..... , municipal district, police district, judicial district and the district as contemplated in the constitution of india and these districts are different from revenue district as created under section 11 of the act. ..... police lines/police headquarters have already been established in the district, district court have started full fledged functioning and a court complex is under construction and its land has already been acquired and earmarked, the collectorate building is almost complete. ..... similarly in the police department, the administrative office, workshop and forensic science laboratory have been constructed. ..... police line, residence of police officers, headquarters of zila panchayat, existing hospitals has been upgraded. .....

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

..... hand, contended that the request of the petitioner cannot be accepted as a matter of course, and in the present case stand of the union of india qua this aspect of the matter is not that of an adversary litigant, rather as a friend of the court legal position is sought to be clarified that in exercise of authority under section 34 of the armed forces tribunal act, 2007, writ petition cannot, ipso facto, be transferred to the tribunal, keeping in view the provisions as contained under section 14 of the armed forces tribunal act, 2007, which clearly excludes the jurisdiction of supreme court ..... over and above this, the high courts of bombay, calcutta, delhi, himachal pradesh, jammu and kashmir and madras also exercise ordinary original civil jurisdiction. ..... its members have been selected from all kinds of services including the indian police service. ..... in such findings under the provisions of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950, (45 of 1950) as the case may be; or(b) if sentence is found to be excessive, illegal or unjust, the tribunal may--(i) remit the whole or any part of the sentence, with or without conditions;(ii) mitigate the punishment awarded;(iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950, (46 of 1950) the navy act, 1957 (62 of 1957) and the air force act, 1950, (45 of 1950) as the case may be;(c) enhance the sentence awarded by a court .....

Dr. Vinod NaraIn Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1996CriLJ1309

..... . slate of andhra pradesh : air1986sc210 , state of himachal pradesh v. k.c ..... . the first is the concept of personal liberty of an individual from an illegal or arbitrary arrest by the police or by some administrative act and the order is of protection of interest of the society at large from terrorism and atrocities of the large and extensive activities of the criminals ..... . sri rakesh dwivedi, learned additional advocate general, uttar pradesh contended that except the cases falling within the purview of sub-clause (2) of section 437 of the code, ,in the cases of heinous offences it cannot be possible for investigating agency to collect all relevant materials within twenty-four hours, such as in the cases punishable under section 302 i.p.c. ..... . in the adjoining states or for that matter, perhaps in the rest of the country and its deletion only in the state of uttar pradesh has not been examined from the point of view of requiring uniformity in procedure in the administration of criminal law throughout the country ..... . the relief of bail including interim bail or short term bail cannot be granted unless bail application is heard and disposed of finally after giving opportunity to the prosecuting agency or the complainant to oppose and place the correct and complete material available before the court becasue the law relating to anticipatory bail has been eliminated in the territory of uttar pradesh .....

Anil (In Jail) Vs. State of U.P.

Court : Allahabad

Reported in : 2002CriLJ2694

..... 27, little substance would remain in the ban imposed by the two preceding sections on confessions made to the police, or by persons in police custody, that ban was presumably inspired by the fear of the legislature that a person under police influence might be induced to confess by the exercise of undue pressure, but if all that is required to lift the ban be the inclusion in the confession of information relating to an object subsequently produced, it seems reasonable to suppose that the persuasive powers of the police will prove equal to the occasion, and that in practice the ban will lose its ..... in this connection we may refer to the apex court decision in state of himachal pradesh v. ..... only with the hypothesis of the guilt of the accused that is to say, they should not be explanable on any other hypothesis except that the accused is guilty;(3) the circumstances should be of a conclusive nature and tendency;(4) they should exclude every possible hypothesis except the one to be proved; and(5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been ..... jeet singh : 1999crilj2025 wherein it was held that there is nothing under section 27 of the evidence act which renders the statement of the accused inadmissible if recovery of the articles was made from any place which is open or accessible to others. .....