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 ..... court's monitoring such investigation is available from the observations made in those cases. on the strength of the above observations, sri siddhartha submitted that this court, under article 226 of the constitution of india, is empowered to monitor the investigation of the case after entrusting the same to c.b.i. or any other investigating agency. whatever has been said in sushil ..... .a.g. report dated 17.5.1999 for the financial year 1997-98 on the financial affairs of u. p. government submitted to the governor, u. p. under article 151 of the constitution of india. the relevant volume of thereport-volume ii covering the ambedkar park project and the chief minister's discretionary fund is annexure-1 to the writ petition. 6. startling ..... , 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 .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(2)AWC1616
..... fund can be appropriated except in accordance with law and for the purposes and in the manner provided in the constitution. by enacting uttar pradesh contingency fund act, 1950, this state has established contingency fund referred to in article 267 of the constitution of india, to enable the executive government to meet unforeseen expenditure, pending its authorization by the legislature by law. receipts and ..... disbursements such as deposits, reserve funds, remittances etc. which do not form part of the 'consolidation fund' are included in the 'public account of the state.'13. according to clause (1) of article 202 of the constitution of india ..... provide as to how an annual financial statement has to be prepared.14. after this annual financial statement is cleared by the legislature of the state under article 203 of the constitution of india, a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meet the grants so made by the ..... of the finance department of the government.16. under treasury rule 3 of the rules so framed by the governor of the state under clause (2) of article 283 of the constitution of india (see appendix ii to financial handbook vol. v part i), all moneys standing in the government account must either by held in the treasury or in the .....Tag this Judgment!
Court : Delhi
..... therefore, the question arises for the consideration whether such period can be taken into account for the purposes of granting pension. the contingency fund has been established under article 267 of the constitution of india in order to meet the unforeseen expenditure. the advances from the fund are made for the purposes of meeting unforeseen expenditure which are resumed to the fund to the ..... the apex court has held as under: 7. indisputably, the state of maharashtra has framed recruitment rules. any scheme by way of an executive instruction in terms of article 162 of the constitution of india, if violative of such statutory rules would not be legally sustainable. [see a. umarani v. registrar, cooperative societies and ors. (2004) 7 scc112.8. the question in ..... that regularisation in service, in cases where the appointments were void ab initio, having been made in utter disregard of the existing recruitment rules and/or constitutional scheme adumbrated under article 14 and 16 of the constitution of india would be wholly illegal and thus the direction in this behalf can be issued. [see also punjab water supply & sewerage board v. ranjodh singh ..... prasana kumar sahoo, air2007supreme court 2588, whereby the apex court has held as under: 14. even a policy decision taken by the state in exercise of its jurisdiction under article 162 of the constitution of india would be subservient to the recruitment rules framed by the state either in terms of a legislative act or the proviso appended to .....Tag this Judgment!
Court : Karnataka
..... of rules of law is sufficient 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. those funds cannot be appropriated except in accordance with ..... law and for the purpose in the manner provided in the constitution. in case of insufficiency ..... underlying the directive principles of state policy as enshrined in part iv of the constitution of india. it is not in dispute that the implementation of the directive principles is a general responsibility of the union and the states. the right to life as enshrined in article 21 in the context of public health is fully within the ambit of state .....Tag this Judgment!
Court : Supreme Court of India
..... down that all monies received by the central government or by the state government by way of taxes or otherwise must be credited to the consolidated fund of india. article 267 also constitutes contingency fund of india. if any money (except which is charged on the consolidated fund) is to be withdrawn for any governmental purpose, then there has to be an appropriation act ..... same is not for public purpose. 65) in addition to the legislative control by way of appropriation acts, the rules framed by the parliament under article 118 and by the state legislatures under article 208 of the constitution of india, also create a mechanism to keep a check on the expenditure incurred by the government. 66) as far as state of tamil nadu is ..... to defeat the purposes of the above section viz., section 123(1) of the rp act. while elaborating his submissions, mr. datar raised his objections under the following heads: (i) article 282 of the constitution of india only permits defraying of funds from the consolidated fund of the state for public purpose ; (ii) the distributions made by the respondent-state is violative of ..... the issue of jurisdiction stating that political parties are not state within the meaning of article 12 of the constitution of india and therefore, no writ of any nature can be issued against them either under article 226 or article 32 of the constitution of india or any other provision of the constitution or any other law. the correct forum is the election tribunal and not writ .....Tag this Judgment!
Court : Guwahati
..... e., the consolidated fund of the state in 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 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 ..... correcting the mistake forthwith in order to prevent recurrence of further mistake. in the case at hand, we are concerned with the infringement of the constitutional provisions embodied in articles 266 and 267. no law enacted by the union parliament or a state legislature can be interpreted to have been enacted with the intention of having overriding effect over .....Tag this Judgment!
Court : Allahabad
Reported in : 2006CriLJ2260
..... shiv shanker j.1. this writ petition has been filed under article 226 of the constitution of india on behalf of the petitioner, nabbu @ navab s/o babu sakka praying for direction in the nature of mandamus commanding respondent no. 2, superintendent of ..... and ors. 1993 cri. l.j. 1358 that:-taking up first the submission .of the petitioner based on section 267 of the cr.p.c. that a warrant issued under the said section does not constitute a detention order authorizing detention in prison of a person, it would be found that it is fully borne out from ..... prisoners (attendance in courts) act, 1955, sections 3(2), 6 prisons act, 1894, section 55 prisoners act, 1900, section 3 criminal p.c., 1973, sections 267, 269 construction of-petitioners detained in jail at meerut were directed to be released on bail-bail order received by jailor-no authority remains in him to keep them ..... any other date. in the circumstances in no case, a requisition issued by criminal court under section 3 of the prisoners (attendance in courts) and section 267(1) cr.p.c. even be construed as authorizing the officer-in-charge of the prison to keep a person under detention after the date mentioned in ..... of production warrant of the concerned court. therefore, this petition is liable to be dismissed.10. it is essential in deciding the petition to reproduce section 267(1) cr.p.c.267. power to require attendance of prisoners.- (l)whenever, in the course of an inquiry; trial or other proceeding under this code, it appears to .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(2)MhLj1142
..... government department. this principle has been settled inter alia in the judgment of the supreme court in western coalfields ltd. v. special area development authority, korba : 2scr1 . article 285(1) of the constitution provides that the property of the union shall, save insofar as parliament may by law otherwise provide, be exempt from all taxes imposed by a state or by ..... by or vesting in the union government'. relying on these provisions, it was contended before the supreme court that since the appellant companies were wholly owned by the government of india, the lands and buildings owned by them could not be subjected to property tax. the supreme court rejected the contention holding thus :'.....even though the entire share capital of the ..... juristic personality of its own.5. in the circumstances, the petition has to be allowed and is accordingly allowed. the proceedings that have been adopted by the respondents under section 267 of the maharashtra land revenue code, 1966 and under the maharashtra realization of land revenue rules, 1967 for the recovery of the alleged dues of the third respondent are quashed ..... the maharashtra realization of land revenue rules 1967. the recovery certificate was forwarded to the collector. on 21st december, 2001 the office of the collector issued a notice under section 267 of the maharashtra land revenue code, 1966 through the tahsildar for the recovery of an amount of rs. 17,52,281/- and it was stated that on the failure of .....Tag this Judgment!
Court : Delhi
Reported in : 138(2007)DLT622
..... 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 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 ..... 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 ..... prisons before courts, including outside the court in whose jurisdiction the person required to be produced is and the manner of their execution has 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 chief metropolitan magistrate ernakulam kerala requiring production of these two petitioners in that court on 18.2.2005. the said production warrant was issued in terms of section 267 of the code of criminal procedure, 1973 (crpc). the chief metropolitan magistrate, delhi declined the prayer for production of the petitioners in the kerala court on the ground that .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2000KAR1418; 2000(3)KarLJ628
..... the action of the government placing the order was unconstitutional and void so also the payment of money to accused 3 was violative of article 267(2) of the constitution and the provisions of the karnataka contingency fund act, 1957, and, accordingly, this court quashed the government order for the supply of ..... unconstitutional and 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 31 ..... to the cases in which the high court while exercising its inherent or revisional jurisdiction under procedure code or even under section 226 of the constitution of india can quash the proceedings. these guidelines are as follows:'(1) where the allegations made in tbe first information report or the complaint, even ..... unrebutted, is such on the basis of which a conviction can be said reasonably to be possible'. later, in the case of union of india v prafulla kumar samal and another, the hon'ble supreme court observed thus:'the judge while considering the question of framing the charges under section ..... if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused .....Tag this Judgment!