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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: allahabad Year: 2011 Page 1 of about 65 results (0.029 seconds)

Apr 21 2011 (HC)

Smt.Sushma Tiwari and ors Vs. the State of Madhya Pradesh and ors

Court : Allahabad

Decided on : Apr-21-2011

..... given uniform and thus the major change was to convert civilian ministerial employees to uniformed ministerial employees, thus bringing them under the fold of police act 1861. 21. para-3 of the 1967 order clearly mentions that newly created police ranks (m) were entitled to initial uniform grant and uniform maintenance allowance but were not entitled to other perks like house rent or ..... justice and to apprehend persons whom he is legally authorized to apprehend and for whose apprehension sufficient grounds exist and it shall be liable to police officers, for any of the purposes mentioned in section 4 of the police act, 1861, without a warrant to enter and inspect any shop, colony, house or other place or resort of loose and disorderly character broadly ..... for ready reference his affidavit reads as under:- 2. that, on the date of formation of the state of madhya pradesh i.e. on 01.11.1956 the provisions of police act were applicable. at that time the recruitment to the posts of inspector, sub-inspectors, subedars, asstt. sub inspectors were governed by part iii of ..... conditions:- 1. the ministerial employees on their enrollment, will be governed by the provisions of the police act, 1861. for regulating their terms of employment, appropriate provision will be made in the mppr. 2. the ministerial employees of the police deptt. after their enrollment under the police act will continue to draw emoluments in their existing pay scales or as may be revised from time .....

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May 17 2011 (HC)

Nafees and Another Vs. the State of U.P. and Others

Court : Allahabad

Decided on : May-17-2011

..... against the accused. (2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. (3) where the uncontroverted allegations ..... limits to legislation against immorality. in paragraphs 59 to 62, the court has dealt with the circumstances wherein only the provisions of u.p. gangsters and anti-social activities (pre) act, 1986 would apply. for that purpose, the authority should be satisfied that there is a reasonable and proximate connection between the occurrence and the activity of the person sought to ..... and take people for a ransom or other demands, forcible deprivation of freedom often involving torture black-marketing etc. gangsterism could also mean the destruction of buildings, ransacking and similar acts in a cruel manner to terrorise the people. the court can take judicial notice of the situation prevailing in the state, which has made the life of citizens difficult if ..... for afresh consideration which was pending before the consolidation officer at the time of incident. according to the learned counsel, the occurrence in question cannot be said to be an act of disturbing the public order or indulging in anti-social activities. moreover, the land was purchased by maqbool ahmad, brother of petitioner no.2 mehmood and father-in- law .....

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Feb 04 2011 (HC)

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

Decided on : Feb-04-2011

..... to searches and seizure, shall apply to searches and seizure under section 132(1) or (1a). 29. section 165 of crpc is titled 'search by police officer'. sub-section (1) of section 165 crpc mandates recording of reasons for conducting a search. however, the counsel for the department pointed out that ..... from him, anyone was also entitled to know about the information or reasons to believe for authorising search under the right to information act, 2005 (the rti act); the search was challenged before the court of law. the department had to justify its action. this could only be done by ..... in respect of the same. 5. the warehouse at noida is situated within special economic zone (sez) created under the special economic zone act (the sez act). in this warehouse imported precious metals are stored and then dispatched for export or domestic sales. 6. sri satish bansal, sri vinod bansal ..... or the legitimate expectation, or the principles of the natural justice, or the wednsebury principle, or any other ground (bad faith, irrelevant consideration, acting under dictation etc.)--to ensure fairness in administrative action. should we adopt a procedure that might not pass the test of fairness? 79. we do ..... today, does not require reasons to be recorded as held by the calcutta high court (see below)2; the reasons are not required to be recorded. 27. the counsel for the petitioner submitted that: section 132 of the it act may not specifically provide for recording reasons. however, it applies section .....

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Mar 16 2011 (HC)

Shashi Kant Singh and Another Vs. State of U.P.

Court : Allahabad

Decided on : Mar-16-2011

..... at the pointing out of a-1. in geejaganda somaiah v. state of karnataka:air 2007 supreme court 1355 apex court has held as under :-21. section 25 of evidence act mandates that no confession made to a police officer shall be proved as against a person accused of an offence. similarly section 26 of the evidence ..... act provides that confession by the accused person while in custody of police cannot be proved against him. however, to the aforesaid rule of sections 25 to 26 of the evidence act, there is an exception carved out by section 27 the evidence act providing that when any fact is deposed to as discovered ..... in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a ..... such an evidence, conviction of a-1 under section 3/25 arms act, therefore, also is unsustainable. this view is further strengthened from the fact that perusal of record of the leading case indicates that the police were conniving with the prosecution and were interested in cooking up a case against the appellant. in absence of any independent corroboration, it is difficult .....

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Apr 11 2011 (HC)

Bhartendu Pratap Singh Vs. State of U.P. and Another

Court : Allahabad

Decided on : Apr-11-2011

..... be submitted after completing the5 investigation. the high court observed that sub-section (1) of section 207-a of the criminal procedure code postulates the receipt by the magistrate of a police-report forwarded under section 173 of the criminal procedure code as a pre-requisite for commencing the inquiry against the accused and taking the first step in that direction, namely, fixing ..... in respect of an offence after a report under sub-section (2) has been forwarded to the magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of ..... evidence, he submitted the charge sheet, which is said to be incomplete charge sheet, therefore, the learned magistrate was not empowered to take cognizance of offence on such a police report, which is based on incomplete investigation. thus, it is stated that the cognizance taken by the learned magistrate on the basis of incomplete investigation is unsustainable and deserves ..... continuation of investigation is concerned, section 173(8) of the criminal procedure code itself permits further investigation. it is also stated that there was no occasion for the investigating officer to act under the pressure of husband of respondent no.8, as under the law itself nobody is permitted to interfere with the investigation even the magistrate.7. in the case .....

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Feb 01 2011 (HC)

Pradeep Singh Alias Sunil Singh Vs. State of U.P.

Court : Allahabad

Decided on : Feb-01-2011

..... alias sunil singh involved in case crime no. 596 of 2010, under sections - 342/506/306/376 i.p.c. & section 3(2)(12) sc/st act, police station - ghatampur, district - kanpur nagar, be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount, to the ..... the circumstances do make out a case for grant of bail to the applicant. the applicant is in private employment and he had surrendered himself to the police at the first instance and was in their custody on 2.9.2010 itself, in such a case, it cannot be believed that the applicant shall ..... deceased may have occurred. the said assault is not described as a post-mortem assault. if the same is an ante-mortem injury, then the police ought to have investigated to find out the probability of the same to ascertain as to whether the deceased had been assaulted before having set herself ..... was made or further investigation carried out before submitting the charge-sheet in spite of the fact that not only the circle officer but the superintendent of police (rural area) have endorsed their signatures after seeing the report. the cause of death has been shown to be ante mortem shock burn injuries. there ..... been advanced by the parties concerned. 8. the story of the prosecution as unfolded through the f.i.r. and the statement recorded by the police indicates that the applicant when he came home allegedly made overtures towards the victim which were described as indecent by the informant. needless to say that .....

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Mar 18 2011 (HC)

Shekhar Tewari and Others. Vs. State of U.P. and Others.

Court : Allahabad

Decided on : Mar-18-2011

..... he at his own, collected the piece of evidence in his personal laptop, on which so called confessional statement of accused shekhar tewari and vinay tewari, while they were in police custody, are said to have beenrecorded by him. further, he made an attempt to get proved the said material, furnished from his personal laptop by summoning anant jananey as cw ..... sessions judge has also observed that the defence would be permitted to produce the persons, who had interviewed smt. shashi gupta in his defence, which establishes that learned judge is acting very fairly without prejudiceness to any one, but is proceeding to decide the matter expeditiously under the directives of this court as well as honble supreme court. after hearing the ..... required in this matter by this court. in reply, the learned counsel for the petitioners submitted that so far as mr. pal singh and gajraj singh are concerned, they are acting either on allurement or under pressure of learned trial judge, therefore, their confessions are not so much relevant. so far as the evidence of that very piece is concerned, he ..... which came to his knowledge in court as such judge or magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. illustrations (a) a, on his trial before the court of session, says that a deposition was improperly taken by b, the magistrate. b cannot be compelled to answer questions as .....

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Mar 31 2011 (HC)

Sunil Vs. State of Up

Court : Allahabad

Decided on : Mar-31-2011

..... conscious after someone had sprinkled water on her face. she denied knowledge whether the police interrogated other people on the spot. she also denied the suggestion that any unknown assailant had committed murders. she also stated that at the time ..... her presence.12. however, she reiterated that it was sunil who had committed murders of everyone present in the house. she also stated that the police came at the scene after elapse of half an hour. she also stated that seeing the gruesome murders, she had fallen unconscious and she regained ..... her, her daughter sunita and several people of the localities.3. the investigation of the case was taken by smt asma majid, s.h.o police chakeri who rushed to the spot and recorded the statements of the ocular witnesses, prepared site plan, collected blood smeared and simple earth and prepared memo ..... is required in other cases of circumstantial evidence. the burden would be of a comparatively lighter character. in view of section 106 of the evidence act, there will be corresponding burden on the inmates of the house to give a cogent reason as to how the crime was committed. the inmates ..... vide judgment and order dated 21.12.2009 whereby the appellant who was arraigned of offences under section 302/309 and section 25/4 arms act has been visited with the punishment by awarding sentences of imprisonment for life studded with fine totalling rs 11,0,00/- for the offences aforesaid .....

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Feb 04 2011 (HC)

Manoj Kumar Pandey Vs. State of U.P.

Court : Allahabad

Decided on : Feb-04-2011

..... that would block the picture making it inaccessible. this would be necessary to prevent future viewing of the photographs. 14. the station house officer shall therefore take help of such police officers who are experts with software and cyber crimes and forthwith block the said photographs preventing it being from viewed by anyone and at the same time retaining it as ..... applicant manoj kumar pandey involved in case crime no. 4615 of 2010 under sections 306, 109, 384, 467, 506, 294 ipc and 2 (c)/4/6 indecent representation of women act, 1986 p.s.baradari district bareilly be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned ..... during investigation leaves no room for doubt that the applicant is habitual and therefore bail should not be granted. it is further submitted by him that the overt and covert acts of the applicant can lead to further complications and suicidal attempts and therefore the ingredients for the offences for which he is charged are available. 9. sri kamal krishna learned ..... learned counsel for the applicant submits that even assuming for the sake of arguments that the applicant can be tried for the offence under the indecent representation of women (provisions) act, 1986 which otherwise is not attracted in the present case, the same is a bailable offence and that the applicant is entitled for bail. he submits that the provisions of .....

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Jan 13 2011 (HC)

Ram Ashraya and Another Vs. State of U.P and Another

Court : Allahabad

Decided on : Jan-13-2011

..... opposite party no. 2 and learned a.g.a. 17. in the case of rakesh kumar srivastava (supra), a case was registered at police station cantt., district gorakhpur for investigation, the investigating officer after investigation of the case submitted charge-sheet before the chief judicial magistrate, gorakhpur subsequent ..... of the chief judicial magistrate to stay the proceeding of criminal case arising out of charge-sheet filed by the investigating officer of the civil police till the final outcome of the further investigation which is being conducted by the cbcid. the petitioners, therefore, moved an application before the ..... . learned counsel submits that the opposite party no. 2 has falsely roped the petitioners in this case. the investigating officer who belong to civil police of uttar pradesh had colluded with the opposite party no. 2. he did not fairly investigate the case. the investigating officer without conducting fair ..... cbcid, therefore, the proceeding of criminal case arising out the charge-sheet filed by the civil police in crime no. 65 of 2010, under sections 498-a, 304-b ipc and dowry prohibition act is liable to be stayed till the final outcome of the further investigation which is being ..... (nanad). 8. on the written report of the complainant-opposite party no. 2, the police of p.s. gomti nagar, lucknow registered a case under sections 498-a, 304-b ipc and dowry prohibition act at crime no. 65 of 2010 against the accused for investigation. the petitioners are the brother .....

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