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Judgment Search Results Home  Phrase:constitution of india article 267

Sep 17 2001

Kunwar Pal Singh Rathi Vs. State of Uttar Pradesh

  • Decided on : 17-Sep-2001

Court : Allahabad

Reported in : 2001(4)AWC3104

..... to put the things straight. establishment of 'contingency fund' (both for the union and state) is contemplated in article 267 of the constitution of india. the fund has to be established by a law made either by the parliament or the state legislature. clause (2) of article 267 which deals with the state lays down as under : 'the legislature of a state may by law establish ..... court's monitoring such investigation is available from the observations made in those cases. on the strength of the above observations, sri siddhartha submitted that this court, under article 226 of the constitution of india, is empowered to monitor the investigation of the case after entrusting the same to c.b.i. or any other investigating agency. whatever has been said in sushil ..... .a.g. report dated 17.5.1999 for the financial year 1997-98 on the financial affairs of u. p. government submitted to the governor, u. p. under article 151 of the constitution of india. the relevant volume of thereport-volume ii covering the ambedkar park project and the chief minister's discretionary fund is annexure-1 to the writ petition. 6. startling ..... , fabrication and destruction of record, etc. the apex court examined the question whether it was a fit case for interference under article 136 of the constitution of india. it was observed that the exercise of power under article 226 of the constitution of india in a public interest litigation was not to give any advantage to a political party or group of people. it was also .....

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Feb 23 2010

Taj Guest House Vs. Kolkata Municipal Corporation and Ors.

  • Decided on : 23-Feb-2010

Court : Kolkata

..... but nevertheless since the right to supply of water is recognised now to be a right under article 21 of the constitution of india, in a situation like the above, the municipal commissioner should under section 267 consider the case of compelling the owner to take additional supply in accordance with the provisions of ..... a separate non domestic connection to the writ petitioner. nevertheless, it would be open to the writ petitioner to apply to the commissioner under section 267 of the calcutta municipal corporation act, 1980. if he does so, the municipal corporation will consider his application in accordance with the observations made ..... has two options, either to grant him a separate supply under section 239 or to compel the owner to obtain additional supply under section 267. in a case like this where there is some suspicion that the writ petitioner has been set up by the defaulting owner the commissioner would ..... calcutta municipal corporation act, 1980 shown to me. i consider section 239 to be very relevant for the purposes of this case along with section 267.14. under section 239, the corporation has the power to grant a separate supply for non-domestic purposes. i have not found any prohibition ..... the learned counsel have taken me extensively to the relevant sections of the above act being sections 193, 238, 239, 254, 255, 265b, 267 and section 275(aa).6. i have considered the rival contentions of the parties.discussion and conclusion 7. the real point in this matter is a .....

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Feb 18 2011

Sri. K. Jayaprakash Hegde, S/o. K. Chandrashekara Hegde, And Ors. Vs. ...

  • Decided on : 18-Feb-2011

Court : Karnataka

..... of rules of law is sufficient to entertain the matter. article 266 of the constitution refers to consolidated fund of government of india or consolidated fund of the state. this article is subject to the provisions of article 267 of the constitution. all the public monies received by and on behalf of government of india or the state government shall be credited to the public fund ..... of india or the state respectively. those funds cannot be appropriated except in accordance with ..... law and for the purpose in the manner provided in the constitution. in case of insufficiency ..... underlying the directive principles of state policy as enshrined in part iv of the constitution of india. it is not in dispute that the implementation of the directive principles is a general responsibility of the union and the states. the right to life as enshrined in article 21 in the context of public health is fully within the ambit of state .....

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Nov 24 2004

Chief Treasury Officer Vs. Pradeep Pharma and Ors.

  • Decided on : 24-Nov-2004

Court : Allahabad

Reported in : 2005(2)AWC1616

..... fund can be appropriated except in accordance with law and for the purposes and in the manner provided in the constitution. by enacting uttar pradesh contingency fund act, 1950, this state has established contingency fund referred to in article 267 of the constitution of india, to enable the executive government to meet unforeseen expenditure, pending its authorization by the legislature by law. receipts and ..... disbursements such as deposits, reserve funds, remittances etc. which do not form part of the 'consolidation fund' are included in the 'public account of the state.'13. according to clause (1) of article 202 of the constitution of india ..... provide as to how an annual financial statement has to be prepared.14. after this annual financial statement is cleared by the legislature of the state under article 203 of the constitution of india, a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meet the grants so made by the ..... of the finance department of the government.16. under treasury rule 3 of the rules so framed by the governor of the state under clause (2) of article 283 of the constitution of india (see appendix ii to financial handbook vol. v part i), all moneys standing in the government account must either by held in the treasury or in the .....

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Dec 21 1998

C. Natesan Vs. State of Tamil Nadu and Ors.

  • Decided on : 21-Dec-1998

Court : Chennai

Reported in : 1999CriLJ1382

..... deciding the liberty of the petitioner as protected under section 269 of the code of criminal procedure as well as under article 21 of the constitution of india, this court can incidentally decide the issue whether the p. t. warrant issued under section 267 of the code of criminal procedure is authorized by law.5. mr. r. shanmugasundaram, learned state public prosecutor contended that ..... . t. warrant could not be traced to section 267 of the code of criminal procedure, then the transfer of the petitioner from the judicial custody of the court at madras to the court outside the city of chennai or even the state; would amount to unauthorised illegal detention violating article 21 of the constitution of india. the petitioner's judicial custody in chennai is ..... . warrant under section 267 of the code is valid, yet does the accused, in respect of whom a p. t. warrant is issued, has any right to contend that he should not be transferred based on section 269 of the code? and(f) whether the personal liberty of the petitioner as guaranteed under article 21 of the constitution of india is in any way ..... section 267 of the code of criminal procedure even at the stage of investigation and therefore when that power is vested with the court, it cannot be said that transfer of custody pursuant to such order could be called as an unauthorised custody or illegal custody infringing the personal liberty of the citizen as guaranteed under article 21 of the constitution of india. in .....

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Sep 28 1992

Mohammad Daud alias Mohd. Saleem Vs. Superintendent of District Jail a ...

  • Decided on : 28-Sep-1992

Court : Allahabad

Reported in : 1993CriLJ1358

..... arisen within the territorial jurisdiction of this court and the petition is cognizable by this court.17. article 226(1) and (2) of the constitution of india, relevant in this regard is as follows:--226(1). notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises ..... the central prison nasik, both outside the limits of its jurisdiction, which it is not competent to undertake in test of the provisions of article 226(2) of the constitution.22. to say that cause of action for this petition has arisen only at moradabad, within the territorial limits of jurisdiction of this court, ..... trial at moradabad. for the purposes of determining jurisdiction, therefore the two cannot be clubbed together to bring the case within the purview of article 226(2) of the constitution. the expression 'cause of action in part arises' in the said provision refers to a part of cause of action relating to or arising ..... of the petitioner to the central prison nasik under section 267, cr. p.c. the detention of the petitioner being in violation of the provisions of sections 167, 209 and 309 of the cr. p.c. and articles 14, 19 and 21 of the constitution of india, he is entitled to be released from detention in ..... a.b. srivastava, j.1. these are three connected writ petitions under article 226 of the constitution of india, in relation to one and the same matter filed on different dates, hence are being disposed of by a common judgment.2. .....

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Jul 05 2006

Naiknaware and Associates and Anr. Vs. Union of India (UOI) and Ors.

  • Decided on : 05-Jul-2006

Court : Mumbai

Reported in : 2006(5)MhLj488

..... that that being not the case the construction activity of the petitioner is not covered by this notification;(iii) the notification is violative of article 14 of the constitution of india in as much as it treats unequals as equals that is to say it treats as equals to protected monument irrespective of its size, ..... 52 which can be stopped under section 54 of the mrtp act. in our opinion, the notice issued under section 54 of the mrtp act and 267 of the bpmc act is therefore without jurisdiction and hence void ab initio.22. viewed from any point therefore, the communication dated 20.9.2003 ..... or alteration in the building and provides for different contingencies similar thereto. it is after the protection is granted and violated that the power under section 267 can be exercised by the commissioner. the present construction around agakhan palace is not one which can fit the description of construction activity contemplated by section ..... of such work as described in section 254 has been unlawfully commenced or is being unlawfully carried on in order to exercise the powers under section 267 therefore the construction has to be one contemplated by section 254 of the bpmc act.section 254 of the act empowers a person to apply for ..... is one dated 20.9.2003. a perusal of the document will show that it is a notice issued by 15municipal corporation of pune under section 267 of the bpmc act and section 54 of mrtp act. it calls upon the petitioner to stop work in view of the communication dated 8. .....

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Mar 06 2006

Nabbu @ Navab son of Babu Sakka Vs. State of U.P. through Secretary, P ...

  • Decided on : 06-Mar-2006

Court : Allahabad

Reported in : 2006CriLJ2260

..... shiv shanker j.1. this writ petition has been filed under article 226 of the constitution of india on behalf of the petitioner, nabbu @ navab s/o babu sakka praying for direction in the nature of mandamus commanding respondent no. 2, superintendent of ..... and ors. 1993 cri. l.j. 1358 that:-taking up first the submission .of the petitioner based on section 267 of the cr.p.c. that a warrant issued under the said section does not constitute a detention order authorizing detention in prison of a person, it would be found that it is fully borne out from ..... prisoners (attendance in courts) act, 1955, sections 3(2), 6 prisons act, 1894, section 55 prisoners act, 1900, section 3 criminal p.c., 1973, sections 267, 269 construction of-petitioners detained in jail at meerut were directed to be released on bail-bail order received by jailor-no authority remains in him to keep them ..... any other date. in the circumstances in no case, a requisition issued by criminal court under section 3 of the prisoners (attendance in courts) and section 267(1) cr.p.c. even be construed as authorizing the officer-in-charge of the prison to keep a person under detention after the date mentioned in ..... of production warrant of the concerned court. therefore, this petition is liable to be dismissed.10. it is essential in deciding the petition to reproduce section 267(1) cr.p.c.267. power to require attendance of prisoners.- (l)whenever, in the course of an inquiry; trial or other proceeding under this code, it appears to .....

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Mar 22 2005

Maharashtra Rajya Macchimar Sahakari Sangh Ltd. Vs. State of Maharasht ...

  • Decided on : 22-Mar-2005

Court : Mumbai

Reported in : 2005(2)MhLj1142

..... government department. this principle has been settled inter alia in the judgment of the supreme court in western coalfields ltd. v. special area development authority, korba : [1982]2scr1 . article 285(1) of the constitution provides that the property of the union shall, save insofar as parliament may by law otherwise provide, be exempt from all taxes imposed by a state or by ..... by or vesting in the union government'. relying on these provisions, it was contended before the supreme court that since the appellant companies were wholly owned by the government of india, the lands and buildings owned by them could not be subjected to property tax. the supreme court rejected the contention holding thus :'.....even though the entire share capital of the ..... juristic personality of its own.5. in the circumstances, the petition has to be allowed and is accordingly allowed. the proceedings that have been adopted by the respondents under section 267 of the maharashtra land revenue code, 1966 and under the maharashtra realization of land revenue rules, 1967 for the recovery of the alleged dues of the third respondent are quashed ..... the maharashtra realization of land revenue rules 1967. the recovery certificate was forwarded to the collector. on 21st december, 2001 the office of the collector issued a notice under section 267 of the maharashtra land revenue code, 1966 through the tahsildar for the recovery of an amount of rs. 17,52,281/- and it was stated that on the failure of .....

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Feb 07 2007

Mauro Antonio and Anr. Vs. R.P. Singh

  • Decided on : 07-Feb-2007

Court : Delhi

Reported in : 138(2007)DLT622

..... by the courts. our courts have also emphasised the desideratum of interpreting 'liberty-restricting' provisions in the backdrop of the constitutional command of article 21. the lucid exposition of the law by supreme court in francis coralie mullin v. administrator, union territory of delhi : 1981crilj306 continues to be the guiding lode star ..... were subsequently sent to kerala where they were ultimately released upon the settlement of the criminal case pending there. it is stated that the two petitioners are no longer in india.7. mr. vikas pahwa, learned counsel for the petitioners urges that the liberty of persons brought within the ambit of criminal justice system in this country is precious. he ..... prisons before courts, including outside the court in whose jurisdiction the person required to be produced is and the manner of their execution has been set out under section 267 crpc. it is well settled that the provisions of the cr.pc admit of a strict construction and any deviation from the procedure stipulated therein is normally viewed seriously ..... by the chief metropolitan magistrate ernakulam kerala requiring production of these two petitioners in that court on 18.2.2005. the said production warrant was issued in terms of section 267 of the code of criminal procedure, 1973 (crpc). the chief metropolitan magistrate, delhi declined the prayer for production of the petitioners in the kerala court on the ground that .....

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