Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... natural justice. miss dabu also relied upon the decision in kishan chand v. cornmr. of police, air 1961 s'c 705, where the question was regarding the licence for conducting a tea house under the calcutta police act, 1866. the majority decision at page 708 in terms lays down that if guidance for exercise of ..... bench in jamnadas v. ram aiyar, 4 guj lr 897= (air 1964 guj 102), in the context of renewal of licence under the bombay police act, 1951, when that function was held to be purely an administrative one where no question of compliance with principles of natural justice could arise. such ..... arms or ammunition the possession whereof has ceased to be lawful, shall without unnecessary delay deposit the same with the officer in charge of the nearest police station as required under that section. section 22(1) provides that whenever any magistrate has reason to believe that (a) any person residing within ..... . 1 were no reasons at all in the eye of law. (3) that, in any event, even the order was mala fide because the police authorities were biassed against the petitioner. (4) that the appellate authority could not have disposed of this appeal without giving any personal hearing to the petitioner ..... 1968. the respondent no. 2, the state, has dismissed the appeal as it found no reasons to change the order passed by the commissioner of police taking into account the grounds mentioned in the appeal. the petitioner has alleged that no hearing whatever was given before this appeal was disposed of by .....Tag this Judgment!
Court : Gujarat
Reported in : (1962)3GLR739
..... no doubt that looking at the various sections of the bengal act iv of 1866 the deputy commissioner of police is not a member of the police force within the meaning of that act and moreover on looking back to the police act of 1861 it will be found that the term police officer as used in that act has generally the same meaning as a member of the ..... in the above mentioned case of public prosecutor v.c. parmamasivan and ors. : air1953mad917 reference may also be made to the observations of mr. justice s.k. ghose in the calcutta full bench case of amin shariff v. emperor 0043/1933 : air1933cal580 to the following effect:it may be that this is a statutory fiction but it is sufficient to show ..... in amin shariffs case. a division bench of the madras high court in public prosecutor v. paramasivan : air1953mad917 accepted the view taken by the full bench of the bombay and calcutta high courts.9. the above discussion of the authorities will show that there is a general consensus of judicial opinion that to mark out a person (not being a member ..... concerned in that case was one mr. lambert. mr. lambert was also justice of peace for the town of calcutta. as stated earlier the prosecution stand in that case was that section 25 of the indian evidence act would apply only to police officers who are so by any statute or the law and if an officer concerned did not answer that description .....Tag this Judgment!
Court : Gujarat
Reported in : (1965)6GLR698
..... 1934. section 7 of the public gambling act 3 of 1867 section 95( ..... indian companies act 1913 section 240 of the companies act 1956 section 19(2) of the foreign exchange regulations section 171-a of the sea customs act 8 of 1878 section 54 of the calcutta police act section 10 of the medical and toilet preparation act 11 of 1955 section 8 of the official secrets act 19 of ..... 1) of the representation of the people act 43 of ..... 1923 section 27 of the petroleum act 30 of ..... criminal procedure read as follows:94(1). whenever any court or in any place beyond the limits of the towns of calcutta and bombay any officer in charge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation inquiry .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1964Guj102; (1963)GLR897
..... administrative as opposed to a quasi-judicial function, this view is supported by the supreme court decision in kishan chand v. commissioner of police, calcutta 0043/1960 : 3scr135 , where the validity of the provisions of section 59 of the calcutta police act were challenged. the challenge was two-fold: (1) that they amounted to unreasonable restrictions affecting the fundamental rights of the petitioner under ..... a case where the authority has first to come to an objective finding on facts produced before him and then arrive from his finding at a decision. neither the bombay police act nor the rules provide for any enquiry or a right to be heard before the decision is arrived at by the licensing authority. on the contrary, the rules indicate that ..... of the petitioner, was found at the counter and in charge of the restaurant, the petitioner being then absent. 3. the petitioner had been granted a licence under the bombay police act, xxii of 1951, but as that licence was to expire on december 31, 1962, he had applied for its renewal. he had paid the licence fees for such renewal on ..... the absence of a provision for hearing and for requiring the commissioner to give reasons for refusal, would make the section unconstitutional, they stated that the section appeared in the police act which dealt generally with matters of law and order. the two objects specified in the section were also for the same- purpose. the discretion was vested in a high .....Tag this Judgment!
Court : Gujarat
Reported in : 1999CriLJ3474
..... petitioner from repeating his criminal activities. significantly the grounds of detention disclose that show cause notice under section 56-a and b of the bombay police act was issued on 30.3.1998 proposing externment of the petitioner and calling upon him to show cause. this action also could not have proved ..... it is not worthy that it occurred on 5.5.1998, whereas the show cause notice under section 56(a) & (b) of the bombay police act for showing cause why the petitioner be not externed was issued on 30.3.1998. in this incident also when the witness was passing from surat city ..... of criminal procedure could not be efficacious. notice of externment was also issued to the petitioner under section 56(a) & (b) of the bombay police act on 30.3.1998. still the petitioner committed offence during the period when show cause notice was in force against him. the details of the subsequent ..... two associates stopped him and assaulted the witness by giving him blows from kicks and fists. it was done under the doubt that the witness was police informer. on the alarm of the witness persons from the nearby locality, larri-gallawala holders, vehicle owners collected. some of them tried to save the ..... of the constitution of india, the petitioner has challenged the detention order dated 22.6.1998 passed by the police commissioner, surat city, under section 3(2) of the prevention of anti-social activities act (for short 'pasa') and has prayed for quashing of the said detention order and has further prayed .....Tag this Judgment!
Court : Gujarat
Reported in : (1977)1GLR562; (1978)ILLJ215Guj
..... fact remains that the petitioner is on deputation, period of deputation now not being fixed, to the civil defence organisation. 8. members of the police force of the state of gujarat are primarily governed by the bombay police act and by special and general orders issued by the government in exercise of the various powers conferred on the state government and other higher ..... is incumbent upon the state to provide for recruitment, pay, allowances and other conditions of service of the police force as enjoined by s. 5 of the bombay police act. organisational set up of the district police force is prescribed in rule 4 of the bombay police manual part i. district is required to be divided into sub-divisions. it can be in charge of ..... 17 of the bombay civil services rules, 1959, all those obvious things were required to be mentioned. 10. it may also be noticed that police force of the gujarat state has been set up under the bombay police act, 1951. there are various ranks in the police force having vertical hierarchy starting with or commencing from a constable and ending with inspector-general of ..... that the allowance is admissible to higher officers and denying simultaneously to the lower ranks. 4. bombay police act was enacted to consolidate and amend the law for the regulation of the police force in the state of bombay. selection 3 provides for setting up of police force for the whole state of gujarat. section 4 confers powers of superintendence on the state government .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1974Guj140; (1973)GLR952
..... right in the decree that may be passed in the suit. learned counsel for the respondents referred to us in this connection the decision of the calcutta high court in kanto m. mullick v. jyotish chandra mukherji. undoubtedly that decision supports the contention of the respondent but it is not necessary ..... reasoning which has guided the learned judges of the allahabad high court in the above quoted observations. in my view, the reasoning adopted by the calcutta high court in daya debi's case is acceptable and, therefore, the same should be followed;33. my attention was drawn by the learned advocates ..... . as will be clear from the discussion which follows, this allahabad decision has taken undoubtedly a view which is contrary to the view taken by the calcutta high court in daya debi's case : air1960cal378 .26. in view of these conflicting decisions, it is necessary to go into a detailed consideration of ..... claim and, therefore, no payment or tender thereof was required to be made ,as contemplated by section 12 of the rent act. here sheri mankad has relied upon the above referred calcutta decision of : air1960cal378 , wherein it is held that a claim for arrears of rent loses the character of rent as ..... an actionable claim as defined by section 3 of the transfer of property act. a view contrary to this decision is taken by the allahabad high court as stated in : air1963all47 . a similar view is also taken by judge of calcutta high court in an earlier case of kanto mohan mallik v. jyotish .....Tag this Judgment!
Court : Gujarat
Reported in : 1984CriLJ1881
..... out from the relevant evidence on the record. hence, it cannot be interfered with in this revision application. consequently, the conviction of the accused under section 117 of the bombay police act and the sentence of fine of rs. 10/- in default, s.i. for 3 days shall remain untouched. under these circumstances, rule issued in the revision application is partially made ..... establish beyond reasonable doubt that the accused had consumed any intoxicant at the relevant time. so far as his conviction under section 110 read with section 117 of the bombay police act is concerned the learned sessions judge in para 18 of his judgment has found relying on the evidence of panch witness, that the accused was speaking abusive language and that ..... a fine of rs. 25/-in default, 5 days r.i. he was also sentenced to pay rs. 10/- as fine for the offence under section 110 of the bombay police act, in default, undergo 3 days' r.i. all the aforesaid sentences were ordered to run concurrently. the applicant carried the matter in appeal to the court of session at mehsana ..... report that the learned magistrate convicted the applicant of the offence under section 66(1)(b) as well as under section 85(1)(3) of the prohibition act read with section 110 of the bombay police act, 1951. the applicant was sentenced to suffer r.i. for three months for the offence under section 66(1)(b) and to pay a fine of .....Tag this Judgment!
Court : Gujarat
Reported in : (2006)1GLR558
..... officer to consider the suggestions and objections received within the prescribed period and empowers the said authority to modify such plan as thought fit. section 15 of the said act, however, provides that when the modifications made by an area development authority or the authorized officer in the draft development plan are of an extensive or of a substantial ..... v. corporation, greater bombay, : 1scr274 . in the said decision, the hon'ble supreme court was considering the constitutional validity of the various provisions of bombay town planning act, 1955. in this regard, it was observed that where large powers are given to certain authorities, the exercise whereof may make serious inroads into the rights of property of private ..... any restrictions or guidelines. it was contended that the government followed the procedure required under the law and in particular under the provisions of section 17 of the said act and after calling for objections and suggestions from the interested citizens against the proposal for including the land in question was placed under designation for educational use. it is ..... the present petitions are concerned, they were proposed to be designated for residential use. the state government issued a preliminary notification under section 17(1)(a) of the said act inviting objections and suggestions proposing to provide for reservations of the lands in question for education complex of south gujarat university. on 31.1.86, the state government published .....Tag this Judgment!
Court : Gujarat
Reported in : (2004)3GLR2588
..... . 500/-, in default, rigorous imprisonment for three months. the appellant was prosecuted but acquitted of the charge levelled against him for the offence punishable under section 135 of the bombay police act. however, this acquittal is not the subject-matter of change by the state government.2. deceased and victim in this case is father while accused-appellant herein happens to be ..... of judicial magistrate, first class at mansa against the appellant for the offence under section 302 of the indian penal code as well as under section 135 of the bombay police act. the case came to be committed by learned judicial magistrate, first class, mansa to the sessions court at mehsana, as per section 209 of the criminal procedure code as the same was ..... given benefit of set off for the period he had already undergone in jail during trial and came to be acquitted for the charge under section 135 of the bombay police act.8. learned counsel for the appellant mr. p.m. vyas who is appointed to assist him, vehemently attacked the prosecution case on the ground that in fact none of the ..... of the investigating officer. section 162(2) of the criminal procedure code makes it amply clear that the use of the police statement is limited for contradicting the witness as per section 145 of the evidence act. now, provisions of section 145 of the evidence act permits cross-examiner to put questions to the witness without showing or referring to his previous statement, but if .....Tag this Judgment!