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

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 ... Corporation 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 ... 5. Both 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 ... 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 ...

Feb 07 2007

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

  • Decided on : 07-Feb-2007

Court : Delhi

Reported in : 138(2007)DLT622

... 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 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 ... 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 ... 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 in such matters. That decision reminds us that when it comes to issues of life and liberty, the Constitution brooks of no unequal treatment ... . That decision reminds us that when it comes to issues of life and liberty, the Constitution brooks of no unequal treatment of non-citizens.10. The circular dated 27.11.2003 issued by the prison authorities in Delhi acknowledges the mandatory nature of Section 267 CrPC. The circular stipulates that where the earlier production warrant issued by a Court located ...

Nov 03 2011

Latha Ramajeyam vs. Home Secretary, Home Department

  • Decided on : 03-Nov-2011

Court : Chennai

... , they were illegally detained, till 10.10.2011, by the respective Prison Authorities and for the said illegal detention, which infringes the right to life, as guaranteed in Article 21 of the Constitution of India, appropriate action should be directed to be taken against the erring officials. 10. The learned State Public Prosecutor would contend that the detention of the detenus in the ... .2011. Thereafter, on 04.10.2011, the respondent police made a request to the learned Judicial Magistrate No.V, Tiruchirappalli, [jurisdictional Magistrate], to issue a P.T.warrant, under Section 267 of the Code of Criminal Procedure, for the production of the detenus before the said Magistrate. Accordingly, on 04.10.2011, the learned Judicial Magistrate issued a PT warrant, thereby ... of an accused, either to judicial custody or to police custody, whenever any request is made, because such remand order deprives the right to life, as guaranteed in Article 21 of the Constitution of India. 15. At this juncture, we may refer to the principle actus curias neminem gravabit i e., an act of the Court shall prejudice no man. The Hon'ble ... remand them. Thus, though the Habeas Corpus Petition became infructuous, the learned Senior Counsel insisted that the matter should be heard further, because, in gross violation of Articles 21 and 22(2) of the Constitution of India, the detenus were illegally detained, from 08.10.2011 to 10.10.2011. That is how, the Habeas Corpus Petition is now before this Court. 8 ...

Jun 09 1994

The State of Maharashtra Vs. Sayyad Noor Hasan Gulam

  • Decided on : 09-Jun-1994

Court : Mumbai

Reported in : 1995(1)BomCR70; (1994)96BOMLR87

... V.A. Mohta, J.1. This is a petition under Article 226 read with Article 227 of the Constitution of India filed by the State of Maharashtra at the instance of the Superintendent, Central Prison, Bombay making a grievance against the order dated 25th June, 1993 passed by the Additional Sessions ...

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 ...

May 13 1993

V. Gokulkrishna vs. M.C. Nanaiah

  • Decided on : 13-May-1993

Court : Karnataka

Reported in : ILR1993KAR1615; 1993(2)KarLJ259

... grants; the amount available in the Contingency Fund, cannot be considered to purchase articles, especially when, the expenditure to be incurred for the purchase was not at all an "unforeseen expenditure" referred in Article 267 of the Constitution; the further statement in the note of the Additional Secretary that, "the ... of the preparation of the documents leading to the formation of the advice tendered to the President of India and as such these are privileged under Article 74(2) of the Constitutional which provides that the question whether any, and if so what, advice was tendered by Ministers to ... Constitution, is referred as a fraud on the power. It is a case of colourable exercise of the power, when in reality the power could not have been exercised in that particular manner. The drawing up of the money and payment to the appellant from the Contingency Fund, purporting to act and take advantage of Article 267(2) of the Constitution ... void.(2) The payment of a sum of Rs. 1,58,10,000/- out of the Contingency Fund was contrary to Article 267(2) of the Constitution and the provisions of the Karnataka Contingency Fund Act, 1957.(3) The then Additional Chief Secretary who put up the note on ... Article 163(3) or 74(2) of the Constitution of India,33. The protection afforded by Section 123 of the Evidence Act is not absolute; the privilege conferred by this provision can be waived, as the very Section states. However, the protection under Section 163(3) or 74(2) of the Constitution ...

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' ...

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 ... , 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 ... under Article 32 of the Constitution of India. Disposing of the writ petitions, the Apex Court observed that there are ample powers conferred by Article 142 to make orders which have the effect of law by virtue of Article 141 and there is mandate to all authorities to act in aid of the orders of the Supreme Court as provided under Article 144 of the Constitution. The ... offence having been committed, cannot be made the basis of challenge to policy decisions taken by the State Government, as in view of the provisions of Articles 151 and 194 of the Constitution of India, it is the constitutional entitlement, prerogative and privilege of the State Legislature to consider the report of the C.A.G. It is for the State Legislature to take ...

Oct 23 2002

O.P. Mishra Vs. State

  • Decided on : 23-Oct-2002

Court : Delhi

Reported in : 2003CriLJ4017; 100(2002)DLT636; 2003(66)DRJ273

... has been filed on the ground that the orders are vocative of the statutory provisions of various sections, namely Sections 267, 268, 269, 279 and 270, Cr.P.C. The said orders are also vocative of Articles 19 and 21 of the Constitution, it is also mentioned that the petitioner cannot overrule or sidetrack the judicial orders passed by the Court of competent ... Court in custody.--Subject to the provisions of Section 269, the officer in charge of the prison shall, upon delivery of an order made under Sub-section (1) of Section 267 and duly countersigned, where necessary, under Sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so ... held responsible for non-production of the under-trial Ajit Singh in the Court of C.M.M., Delhi.10. Section 267 of the Code of Criminal Procedure deals with power to require attendance of prisoners. Section 267 reads as under:'267. Power to require attendance of prisoners.- (1) Wherever, in the course of an inquiry, trial or other proceeding under this Code ...

Feb 18 2011

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

  • Decided on : 18-Feb-2011

Court : Karnataka

... 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 ... 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. ... article in the Constitution. Article 282 is not an insertion by Parliament at a later date, on the other hand, the said article has been in the Constitution right from the inception and has been invoked for implementation of several welfare measures by Central grants".51. "It is not in dispute that several welfare schemes were sponsored and are being formulated by the Union of India ... Fund of India by resorting to Article 282".52. "The expression "public purpose" under Article 282 should be widely construed and from the point of view of the Scheme. It is clear that the same has been designed to promote the purpose underlying the directive principles of State Policy as enshrined in Part IV of the Constitution of India. It is ...

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