Court : Kolkata
Decided on : Dec-02-1997
Reported in : (1998)1CALLT339(HC),[1998(79)FLR588]
..... in the locality may cause serious alarm to the peace and tranquillity. thus in our view, such a place is not suitable for any licence under section 39 of the calcutta police act. 1866.15. the court's power under article 226 of the constitution of india is discretionary. even if there is some infraction of legal right of a person and there ..... are maintained in a routine manner and are looked into in every case where issues of public order and/or law and order are involved. section 39 of the calcutta police act, 1866 reads as follows:--'the licence for securing the good behaviour of the keepers of the said houses or places of public resort or entertainment is circumscribed by the proviso aforequoted ..... judge of this court holding in a petition by the petitioner/respondent herein that the order of the commissioner of police, calcutta, refusing to renew the licence under section 39 of the calcutta police act. 1866 is not valid and. consequentially, directing the commissioner of police to pass a fresh orderafter supplying a copy of the reports that were used for refusing to renew the licence ..... problem, in the locality. this calls for action under section 39 of the calcutta police act. 1866.5. in view of the aforesaid aspects, the licence to run the hotel moghal darbar at 42a, mirza chalib street, calcutta-16, is hereby cancelled undersection 39 of the calcutta police act, 1866. no further renewal of the police licence will be allowed'.6. the learned single judge has. however, accepted the .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-09-1997
Reported in : 1998CriLJ565
..... word might be used in a scientific experiment. 11. thereafter, it was held that the case falls within the proviso of section 50-a of the calcutta police act, 1866.12. in these circumstances, i am also of the view that the observations and reasonings given in saligram's case (1933 (34) cri lj 168) ..... is saved by section 12 of the above ordinance. in support of this contention, the learned counsel has placed reliance on saligram v. emperor air 1933 calcutta-8 : 1933 (34) cri lj 168.6. on the other hand the learned public prosecutor has supported the impugned actions of the circle inspector in ..... it may be stated here that under section 13 of the above ordinance gaming at public streets place of thoroughfare has been made actionable and the police officer has been authorised to apprehend without warrant to any person found gaming in the above places. section 12 of the above ordinance provides that ..... case (1933 (34) cri lj 168) (cal) (supra). in that case, the petitioner moved an application to the police authorities for grant of permission to carry on the above game at 124, bow bazar street, calcutta for a period of three months. the permission was granted to the petitioner but later on, the ..... police authorities countermanded the sanction regarding arrow dart game on the ground that it did not belong to the classes .....Tag this Judgment!
Court : Patna
Decided on : Sep-26-1997
..... when there is nothing on the record to show that he demanded illegal gratification or he has done any other act or that he conspired with suppliers and the local police officials. he further submitted that in view of the order of the apex court dated 30.10.1991, by ..... of expenditure incurred from the government revenue. it also put restrictions on the purchase of stores much in advance. rule 1076 of bihar police manual provided for the constitution of the committee to purchase materials for central stores for distribution to different districts and units as well as ..... registered with allegation that one v.k. joshi, while functioning as the superintendent of police, ranchi, during the year 1983 to july, 1984, entered into a criminal conspiracy with several suppliers and committed several acts and omissions resulting into wrongful loss to the state government and wrongful gain to the ..... ) & (d), read with section 13a of the prevention of corruption act, 1988.3. the government of bihar in the year 1986 received a complaint about large scale bungling and manipulation in the purchase of articles by the police department of the state of bihar and, accordingly, requested to government of ..... accused persons. it was stated that he made purchase of articles worth rupees 40,00,000/- dishonestly and fraudulently violating all the norms and instructions of the bihar police manual, rules .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-26-1997
Reported in : AIR1998Cal121
..... any decibel limit for the fire-works nor the central pollution control board has made any serious attempt to regulate the use of microphones. of course, under the police act and/or calcutta police act and the calcutta suburbs act, certain powers have been conferred upon the authorities mentioned therein for stoppoing such use of microphones which would causes nuisance. till now the central government have not ..... .j. nath, director of all india institute of hygine and public health, directorate general of health services, govt. of india has forwarded his comments to the dy. commissioner of police, calcutta arms act department, by his letter dated 26-8-97 in which he had stated that according to environmental protection agency, united states, the standard in respect of noise in commercial areas ..... the metropolitan area of calcutta and for the suburbs of calcutta within the jurisdiction of calcutta police have been specially empowered by the state govt. under notification nos. 2890- p. and a.r. (p) 2p-01/96 pc, dated 31-10-96 and no. 2894-p. and a.r.(p) 2p-01/96 pc, dated 31-10-96 respectively to act under section 144 of ..... the code of criminal procedure, 1973 (act of 1994);and, whereas .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-17-1997
Reported in : 1997(2)ALD(Cri)142
..... with 156 and 173 of cr.p.c. the government has got the power of superintendence, according to section 4 of the police act, which includes supervision of all acts of police done during the course of investigation. by virtue of the power of superintendence, the government can take any opinion on the basis ..... direction of the chief secretary is contrary to the provisions of cr.p.c. the authority exercising the power of superintendence under s. 3 of the police act, at the most, can direct the investigation officer to conduct further investigation as per s. 173(8) of cr.p.c., but it cannot ..... is clothed with the power of superintendence under s. 3 of the police act. but, by virtue of the said power, can the government or the chief secretary issue a direction to do a thing which is contrary ..... the chief secretary can direct the investigation officer to file charge-sheet. the learned government pleader contended that there is power of superintendence under the police act conferred on the state government and by virtue of that power the chief secretary of the government can direct so. no doubt, the state government ..... report submitted by the investigating authority. now, we have to consider whether the government by virtue of power of superintendent under section 3 of the police act can direct the investigating authority the to file charge-sheet, even though no offence is made out as per its report. 13. according to .....Tag this Judgment!
Court : Orissa
Decided on : May-02-1997
Reported in : I(1998)ACC307; 1999ACJ858; 84(1997)CLT851
..... 1988 acj 1122 (j&k;). similar view has also been expressed in the following decisions:(i) national insurance co. ltd. v. anjali mallick, 1993 acj 934 (calcutta);(ii) united india insurance co. ltd. v. c.d. munirathanam reddi, 1994 acj 1074 (ap);(iii) new india assurance co. ltd. v. khairunsi mirad hajarat ..... affecting contractual relationship with the insurer, the liability will be fastened on the insurance company. section 140(3) provides that even if any wrongful act, neglect or default on the part of the owner is not pleaded or not established the claimant will be entitled to obtain compensation to the ..... the provisions of chapter x will have overriding effect. otherwise the entire scheme becomes unworkable. thus, those provisions in chapter xi of the act making the insurance company liable and immunising it under specified contingencies are to be availed of for the purpose of wanting the provisions of chapter ..... been made to section 144 which provides that the provisions of chapter x shall have effect notwithstanding anything contained in any other provision of this act or of any other law for the time being in force. according to some of those decisions plea of breach of conditions available to ..... position is that the offending motor cycle was being driven by a minor. the insurance company raised an objection that under the motor vehicles act a minor is not entitled to get a driving licence and accordingly is not authorised to drive any motor vehicle. the insurance company contended .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-1997
Reported in : (1997)140CTR(SC)307
..... the provision has no application to cases where the severance in the joint family is claimed to have taken place prior to coming into force of the act.7. the calcutta high court in shri srilal bagri vs. cwt (supra) has taken the view that s. 20 does not empower assessment of an huf which has ceased to be an huf ..... follow'.9. we are in agreement with these observations and we are unable to agree with the interpretation placed by the calcutta high court in srilal bagri (supra) on the provisions of s. 20 of the act. in the impugned judgment the learned judges, in our opinion, have rightly observed that no distinction can be made between the case where partition is ..... is in pari materia with s. 25a of the it act, 1922 and is only a machinery section. the high court has also held that in view of the position of ..... and that where the family had never been assessed under the act as huf and a preliminary decree for partition had been passed prior to valuation date s. 20 does not authorise assessment of the members of the family as an huf after the preliminary decree. in taking the view the calcutta high court has proceeded on the basis that s. 20 .....Tag this Judgment!
Court : Kerala
Decided on : Jul-28-1997
Reported in : AIR1997Ker309
..... from entering any public place or direct in which direction the processionists shall go.16. learned advocate-general submitted that there are sufficient provisions in the criminal procedure code and in the police act to regulate public procession and all steps are taken by the authorities. it is submitted that in certain cases the processionists carry lengthy banners that occupy almost all the tarred ..... shall be allowed to obstruct the road completely so that it would be impossible for others to use the road. under section 19(iii) of the police act it is the duty of the police to prevent obstruction on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of public worship, and ..... a term which may extend to five years and with fine.15. the grievance of the petitioners is that in spite of the powers conferred on the police under section 19 of the kerala police act no effective steps are being made to control processions and marches along the highway. it is contended by the petitioners that on many occasions demonstrations and processions ..... and public processions and demonstrations are continued causing great inconvenience to the public.17. in the light of the provisions contained in the kerala police act under section 19, the government could have issued strict instructions to the police regarding the manner in which processions and demonstrations are to be conducted. it is a fact that in the absence of specific direction .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-28-1997
Reported in : 1997CriLJ2886
..... accused-persons (who is not the appellant) under section 164 cr. p.c.21. mr. monoj kr. roy (pw-16) is an officer of calcutta police posted at the arms act (sic). dept., lalbazar, on 18-6-91, he held the same position. on 15-6-91, he received a sealed packet from asst. commissioner of ..... judge is accordingly confirmed.30. the id. advocate apparing on behalf of the appellant has submitted that according to the evidence of the arms expert, manoj roy of calcutta police (pw-16), the fire-aim (mat. exht., lii) was not in proper working condition at the time of its examination on 15-6-91. accordingly, the ..... , it appears that no suggestion was put. to the witnesses that the pistol dis not come under the purview of the arms act.22. the i.o., mr. pankaj kr. dev., inspector of police, calcutta (pw-20), conducted one part of the investigation on 30-4-91 he as duty officer, tollygunj p.s. received an ..... ., pw-7 took the services of a goldsmith sri panehu gopal roy (pw 17) of gita jewellery, b.b. ganguly st. calcutta and in presence of the said goldsmith and the police officer, the p.w. 7 made inventory of the goods found in the possession of the said three apprehended persons. the service of ..... being financed by the family of the de facto - complainant and they used to stay at hotel-mayur in calcutta. the de facto complainant's family informed about it to the custom-authority and the police arrested the said chandra sckhar and hari in connection with this case but due to influence, they got their .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-09-1997
Reported in : AIR1997SC2745; Supp2SCR22; 1997(2)LC378(SC)
..... which the order has been made to himself, or(b) if he is not a magistrate, apply to a magistrate or, in calcutta as defined in clause (11) of section 5 of the calcutta municipal act, 1951, to the commissioner of police, and such magistrate or commissioner, as the case may be, shall enforce the delivery of possession of such land to him.4 ..... court had held that one who was responsible for the payment of land revenue or property tax would alone be entitled to the notice under section 17(5) of the act. the calcutta high court in the impugned judgment distinguished this judgment of the supreme court in suresh chandra c. mehta's case on the ground that in that case the law ..... the state government in particular sector of the economy for providing relief as early as possible. in the context of act ii of 1948, the hon'ble high court at calcutta has uniformly taken this view that the state can invoke the provision of act ii of 1948 where the state required to deal with any of the purposes covered under the said ..... directed against the judgment dated 27/29 march, 1996 of the division bench of the calcutta high court setting aside the requisition and subsequent acquisition of the certain piece of land under the provisions of the west bengal land (requisition and acquisition) act, 1948 (for short 'the act') as amended from time to time. the impugned judgment proceeded on the basis (1) that .....Tag this Judgment!