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Search Results Judgments > Phrase:CONSTITUTION OF INDIA - Article 267 -

Dec 21 1998

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

  • Decided on : 21-Dec-1998

Court : Chennai

Reported in : 1999CriLJ1382

... 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 ... Court that his personal liberty as guaranteed under Article 21 of the Constitution of India is being violated. The learned senior counsel would contend that even assuming the P. T. warrants issued in these cases can be traced to Section 267 of the Code of Criminal Procedure, yet ... 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. ... 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 ... 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 ...

Dec 12 2012

ALL INDIA NETWORKS WELFARE TRUST & OTHERS Vs. SUPERINTENDENT OF POLI ...

  • Decided on : 12-Dec-2012

Court : Orissa

... ., Balasore and further invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for appropriate order as advised/instructed/directed by this Court in order dated 04.02.2011 passed in Misc. Case Nos.29 and 30 of 2011 arising out of W.P.(Crl.) No.267 of 2010.5. Mr. Ray submitted that Section 58-A of ... HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7693 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------All India Networks Welfare Trust, Represented through its Managing Trust-cumFounder President, K.Selvaraj, Son of Late karuppaswamy, 1/A, M.S.K.S. Building No.3, 3rd Floor, Seshadripuram, Bangalore 020. ... of Investigating Agency deprived the investors from enjoying their property, which amounts to deprivation of the property under Article 300-A of the Constitution. Even temporary and/or non-final deprivation of property amounts to deprivation within the meaning of Article 300-A of the Constitution. Public Authorities cannot arbitrarily and on technical ground withhold payment due to petitioners.9. Mr.Ray, learned Senior ... Directors of opposite party No.7-Company are already accused in the criminal case pending investigation, they are entitled to be protected by this Court of their constitutional rights guaranteed under Article 20(3) of the Constitution. It is further submitted that a person accused in a criminal case can neither be compelled to make a statement on oath not he can be ...

Sep 21 2012

Brij Kishore Verma Vs. State Of Uttar Pradesh

  • Decided on : 21-Sep-2012

Court : Allahabad

... Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution. For convenience, ARTICLE 266 of the Constitution of India, is reproduced as under:- "266. Consolidated Funds and public accounts of India and of the States.- (1) Subject to the provisions of article 267 ... ARTICLE 266 of the Constitution of India, is reproduced as under:- "266. Consolidated Funds and public accounts of India and of the States.- (1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India ... 74. ARTICLE 266 and 267 of the Constitution deal with consolidated fund and public accounts of India as well as State. It provides that all revenue received by the Government of a State, shall form consolidated fund. Clause (2) and (3) of ARTICLE 266 further provides that all public moneys received by or on behalf of the Government of India or ... procedure for the State Legislature has been given from Article 196 to Article 212 of the Constitution. THE introduction of bill has been dealt with under Article 196 of the Constitution. Special procedure has been provided with regard to money bill under Article 198 and 199 of the Constitution of India. 71. Article 202 of the Constitution provides that in every financial year, an estimate ...

Jan 31 2004

State of Nagaland and Anr. Vs. UCO Bank and Ors.

  • Decided on : 31-Jan-2004

Court : Guwahati

... custody of the Reserve Bank of India despite there being definite provisions in the Constitution prescribing mode for appropriation of moneys therefrom.11. Article 266 provide for the Consolidated Fund and public accounts of India and the States. Article 267 provide for establishment of a Contingency Fund by law to be made by Parliament or the Legislature of a State, Article 283 provide for custody of ... public accounts of India and the States. Article 267 provide for establishment of a Contingency Fund by law to be made by Parliament or the Legislature of a State, Article 283 provide for custody of Consolidated Fund and Contingency Fund, The provisions relevant for the issue at hand arc quoted below : '266 (3) No moneys out of the Consolidated Fund of India or the ... State, Article 283 provide for custody of Consolidated Fund and Contingency Fund, The provisions relevant for the issue at hand arc quoted below : '266 (3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.''267(2) ... not been exhausted, will be available. In Union of India v. Hindalco Industries, [2003] 5 SCC 194, in para-12, the Supreme Court held : '12. There can be no doubt that in matters of taxation, it is inappropriate for the High Court to interfere in exercise of jurisdiction under Article 226 of the Constitution either at the stage of the show-cause ...

Dec 15 1970

H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior ...

  • Decided on : 15-Dec-1970

Court : Supreme Court of India

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

... India in the transitory period. After the Constitution is passed, the position will be clear. Practically all the States have come within the scope of Part VI-A and they will be governed by the provisions of this Constitution and, excepting so far as certain commitments are positively mentioned in the Constitution, and as I said the two Articles 267 ... Constitutional guarantee in respect of them. It is in pursuance of this request the drafting committee introduced Article 267(A)(present Article 291), Article 302-A (present Article 362) on October 13, 1949 Article 303(1)(present Art 366(22) on October 14, 1949 and Article 302(A)(present Article 363) on October 16, 1949 into the draft Constitution.296. Article 291 of the Constitution ... Constitution though it may not be possible to give any Constitutional guarantee in respect of them. It is in pursuance of this request the drafting committee introduced Article 267(A)(present Article 291), Article 302-A (present Article 362) on October 13, 1949 Article 303(1)(present Art 366(22) on October 14, 1949 and Article 302(A)(present Article 363) on October 16, 1949 into the draft Constitution.296. Article ...

Apr 24 1973

Kesavananda Bharati Sripadagalvaru and Ors.Vs. State of Kerala and Anr ...

  • Decided on : 24-Apr-1973

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

... the whole Constitution could be repealed. This much is conceded by the learned Counsel for the respondents.92. Therefore, in order to appreciate the real content of the expression "amendment of this Constitution", in Article 368 I must look at the whole structure of the Constitution. The Constitution opens with a preamble which reads:WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India ... of the people and would act against the public interest. To quote the words of Justice Holmes in Missouri Kansas & Texas Ry. v. May 194 U.S. 267 (on p. 270). Great Constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine and it must be remembered that legislatures are ultimate ... declares that the People of India gave to themselves the Constitution, to constitute India into a Sovereign Democratic Republic for securing the great objectives mentioned therein can be amended; indeed it can be completely repealed. Thus, according to the respondents, short of total abrogation or repeal of the Constitution, the amending body is omnipotent under Article 368 and the Constitution can, at any point ... out in Article 39(b) and (c).2219. I have stated in the earlier part of my judgment] that the Constitution accords a place of pride to Fundamental Rights and a place of permanence to the Directive Principles. I stand by what I have said. The Preamble of our Constitution recites that the aim of the Constitution is to constitute India into ...

Sep 07 2007

Police Officers' Association, Adilabad Unit rep. by its President M.A. ...

  • Decided on : 07-Sep-2007

Court : Andhra Pradesh

Reported in : 2008(1)ALT772

... the same, the only remedy available is to go before the civil Court and not under Article 226 of the Constitution of India and the petitioner cannot question condition No. 6 as arbitrary and illegal.8. In General Assurance Society Ltd. v. Chandmull Jain 1966 ACJ 267 (supra), the Supreme Court held as under:16. It was next contended that the expression ... company is an instrumentality of the State under Article 12 of the Constitution and is amenable to the writ jurisdiction under Article 226 of the Constitution. Further, the contract entered into between the parties is a statutory contract. The very Corporation has come into existence under the policy of the Government of India under the Insurance Regulatory and Development Authority Act ... . State of U.P. : AIR1991SC537 it was held that the Constitution of India does not envisage or permit unfairness or unreasonableness in State actions in any sphere of its activity contrary to the professed ideals in the Preamble. Exclusion of Article 14 in contractual matters is not permissible in constitution scheme. The scope and permissible grounds of judicial review in ... the 2nd respondent- Warangal District Branch Office of the 1st respondent, are instrumentalities of the State and are amenable to writ jurisdiction of this Court under Article 226 of the Constitution of India. Respondent No. 2 contacted the petitioner and offered to issue 10 years Long Term Group Janata Personal Accident Insurance Policy to the employees working in the ...

Sep 28 1992

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

  • Decided on : 28-Sep-1992

Court : Allahabad

Reported in : 1993CriLJ1358

... 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 ... 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 ... .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. The writ petition No. ... a writ petition under Article 226 for quashing the complaint. On the question of maintainability of the petition before this Court being raised it was observed that Article 226 of the Constitution confers on all High Courts wide powers in the matter of issuing writs. The two limitations placed under this Article, however, are that ... 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 ...

Nov 04 2011

State By Inspector of Police vs. K.N.Nehru

  • Decided on : 04-Nov-2011

Court : Chennai

... Personal liberty is one of the cherished objects of the Indian Constitution and the deprivation of the same can only be in accordance with the procedure established by law and in conformity with the provisions thereof, as stipulated in Article 21 of the Constitution of India. Article 22(2) of the Constitution mandates that every person who is arrested and detained in custody ... 04.10.2011 made a request to the learned Judicial Magistrate No.V to issue warrant [hereinafter referred to as P.T warrant - Prisoner Transit warrant], as per Section 267 of the Code of Criminal Procedure. On considering the same, the learned Magistrate issued warrants directing the respective jail authorities to produce the respondents, on 07.10.2011, obviously ... Constitution they were entitled to be released forthwith. The orders of remand are not such as would cure the constitutional infirmities. This disposes of the third contention of Madhu Limaye.41. After taking us through the above Judgment, the learned Senior Counsel would submit that, by passing an order of remand, the illegal detention, offending Article 22(2) of the Constitution of India ... While interfering with the said order, we would like to remind the learned Judicial Magistrates of their constitutional obligation, while exercising their right to remand an individual, since it involves the curtailment of right to life, as guaranteed in Article 21 of the Constitution of India. In this regard, we may also refer to the law laid down by the Hon' ...

Oct 12 1959

Oudh Sugar Mills Ltd., Hargaon Vs. State of U.P. and Anr.

  • Decided on : 12-Oct-1959

Court : Allahabad

Reported in : AIR1960All136

... Article 19(1) of the Constitution of India.Mr. Jagdish Swarup has also made the same submissions but in a different way, Mr. Rama Shanker Prasad contended that the tax to be levied by the impugned Act is nothing but land revenue and inasmuch as Ss. 251 and 267 ... Article 19(1) of the Constitution of India. Mr. Pathak has conceded that in view of the provisions of Article 265 of the Constitution and the decisions of their Lordships of the Supreme Court in the cases of Ramji Lal v. Income Tax Officer : [1951]19ITR174(SC) and Laxmanappa v. Union of India ... India : [1954]26ITR754(SC) , it was not possible to urge that the petitioners were deprived of any property and complain of the infringement of Article 31 of the Constitution because it has been held by their Lordships in the above two cases that inasmuch as there is a special provision under Article 265 of the Constitution ... Article 265 of the Constitution and the decisions of their Lordships of the Supreme Court in the cases of Ramji Lal v. Income Tax Officer : [1951]19ITR174(SC) and Laxmanappa v. Union of India : [1954]26ITR754(SC) , it was not possible to urge that the petitioners were deprived of any property and complain of the infringement of Article 31 of the Constitution ... on the subject may be briefly noticed. lender Article 19(1)(g) pf the Constitution of India all persons have the right to practise any profession, or to carry on any occupation, trade or business. Clause (6) of that Article enables the State to make any law ...

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