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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Sorted by: recent Court: allahabad Year: 2011 Page 1 of about 65 results (0.024 seconds)

Oct 19 2011 (HC)

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court : Allahabad

Decided on : Oct-19-2011

..... tampering meter, hence appropriate action be taken. consequently ee issued a letter dated 26.1.2006 directing for disconnection of electric supply to the petitioner and lodging of report with police. a provisional assessment order was passed on 1.2.2006 by ee proposing assessment of rs. 12 lac. the provisional assessment order referred to u.p. electricity supply code, ..... own and therefore cannot turn around by observing that the said clause is not attracted. reliance is placed on prasun roy vs. calcutta municipal development authority (1987) 4 scc 217 (para 6 and 10). the procedure prescribed in the act, 2003 and code 2005 has to be adhered in words and spirit and deviation therefrom would vitiate the statutory orders passed therein ..... original meter. (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and ..... petition). the ee vide letter dated 8.9.2006 advised the petitioner to approach superintending engineer by filing an appeal. since appeal lie before the commissioner under section 127 of act, 2003, the petitioner filed memo of appeal (annexure 9 to the writ petition) before the commissioner, bareilly. it appears that the appellate authority sought comments from ee which was .....

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Oct 14 2011 (HC)

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

Decided on : Oct-14-2011

..... . admittedly, the guidelines as contained in the government order dated 5.11.1965 have been under and in terms of the provisions of the police act. there is special conferment of power for framing of rules dealt with more fully hereinbefore, which would prevail over any other rule. since no other rule stands formulated and the ..... .e. a special court, or in absence of a special court, any other court. provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973." (d) notwithstanding anything contained in sub-clauses (a), (b) and (c) above, the complaint for ..... not lead us to attract section 135 (c) in any manner. 169. it is also admitted that no report was lodged with police at any point of time against the petitioners of an offence under section 135 of the act 2003. the only report lodged was regarding an offence under section 138. it was made obligatory under section 135(1)(a) second ..... licensee to initiate criminal proceedings when a person is found indulged in theft of electrical energy but the amendment made by act 26 of 2007 second proviso to sub-section (1) of section 135 has made the lodging of report to police within 24 hours from the time of disconnection mandatory. while conferring specific power of disconnection when licensee detect a case .....

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Aug 25 2011 (HC)

Gopi Chand Soni and Another Vs. Customs, Excise and Service Tax Appell ...

Court : Allahabad

Decided on : Aug-25-2011

..... has ruled that even in passing a detention order on the basis of an inculpatory statement of a detenu who has violated the provisions of the fera or the customs act etc. the detaining authority should consider the subsequent retraction and record its opinion before accepting the inculpatory statement lest the order will be vitiated." (emphasis supplied) 16. the ..... been adopted. however, even if the maker of the statement fails to establish his allegations of inducement, threat etc. against the officer who recorded the statement, the authority while acting on the inculpatory statement of the maker is not completely relieved of his obligations in at least subjectively applying its mind to the subsequent retraction to hold that the inculpatory ..... basis of his inculpatory statement which has been subsequently repudiated, the officer concerned must take both the statements together, give a finding about the nature of the repudiation and then act upon the earlier inculpatory one. if on the other hand, the officer concerned bisects the two statements and make use of the inculpatory statement alone conveniently bypassing the other, ..... is not that of an accused within the meaning of section 24 of the evidence act. the customs officer in such case although not police officer, is an authority within the meaning of section 24 of the evidence act. the evidence is admissible under section 135 of the customs act, although subsequently retracted, if on facts found voluntary and truthful. only in such .....

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Aug 20 2011 (HC)

Hazi Mohd. Yaseen Vs. Paschimanchal Vidyut Vitran Nigam Limited and Ot ...

Court : Allahabad

Decided on : Aug-20-2011

Reported in : 2012AIR(NOC)212

..... that duty to hear does not mean affording personal hearing or audience. in air 1957 sc 648 (f.n. roy vs. collector of customs, calcutta and others) it has been held by a constitution bench of the supreme court that there is no rule of natural justice that at every stage ..... by the petitioner. the subsequent question is with regard to opportunity of personal hearing. in this regard, we find that section 126 (3) of the act says that the person, on whom the order of provisional assessment has been served, shall be entitled to file objections before the assessing officer, who shall, ..... this court that if the petitioner is aggrieved by the final assessment order to be passed, he may file an appeal under section 127 of the act. mr. pankaj kumar shukla, learned counsel appearing for the respondents, has contended that the present writ petition is not maintainable having alternative and efficacious remedy ..... in case the petitioner is aggrieved by the final assessment order to be passed as indicated above, he may file an appeal under section 127 of the act. (emphasis supplied). again on 25th march, 2008 another writ petition, being writ petition no. 16007 of 2008, was filed on behalf of the ..... impose levy, otherwise imposition will be illegal and in the instant case, there is no provision for making an assessment of electricity duty under the act. factually, mr. rai wanted to establish that tampering of meter cubical seals can not ipso facto lead to the inference of theft of electricity as .....

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May 20 2011 (HC)

Amar Singh Vs. State of U.P.

Court : Allahabad

Decided on : May-20-2011

..... companies being registered at kolkota, and carrying on their venture in kolkata, the fir lodged at babu ka purwa police station cannot be acted upon or investigated by the u.p police. it is further argued that after registration of the case at ps babu ka purwa kanpur nagar, it was ..... such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. this extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in ..... (23) the next submission of the learned counsel revolves round the relief for quashing of the entire proceeding pursuant to the fir lodged at police station babu ka purwa kanpur nagar on various grounds which included assailing of bonafide of the informant urging that the informant had given fake address ..... matter. at the stage of investigation, the material collected by an investigating officer cannot be judicially scrutinized for arriving at a conclusion that police station officer of particular police station would not have territorial jurisdiction. in any case, it has to be stated that in view of s. 178(c) of ..... facts which are that the petitioner was born and had received his education at calcutta and he set up his business in calcutta as well. it is also stated that the petitioner has his dwelling place at calcutta at 35 rowland road and he is also registered there for income tax purposes. .....

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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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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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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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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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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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