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Judgment Search Results Home > Cases Phrase: the delhi special police establishment amendment act 2014 Page 1 of about 1,437 results (0.066 seconds)

Mar 30 2016 (HC)

South Indian Music Companies Vs. Union of India, Rep. by its Secretary ...

Court : Chennai

..... on the ground it is arbitrary . 55. in subramanian swamy case, ((2014) 8 scc 682)), the dispute revolved around the constitutionality of section 6a of the delhi special police establishment act 1946, which was introduced by an amendment in the year 2003. it stipulated that the delhi special police establishment shall not conduct any enquiry or investigation into any offence falling under the prevention ..... of corruption act 1988, alleged to have been committed by certain classes of employees of ..... to declare the copyright board salaries and allowances and other terms and conditions of service of the chairman and members rules 2014 as ultra vires. the proviso to section 11(2) of the act takes care of the situation. the said proviso mandates the central government not to vary the salary and allowances apart from ..... , litho photography, etc., it was felt that the then existing copyright act introduced in 1914 requires a fresh look. thus, the need qua the registration of a copyright was recognized through the copyright office. therefore, a copyright office was sought to be established under the control of the registrar of copyrights. certain duties have been .....

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Jan 08 2019 (SC)

Alok Kumar Verma Vs. Union of India

Court : Supreme Court of India

..... act as amended by act no.45 of 2003 (the central vigilance act, 2003) and act no.1 of 2014 (lokpal and lokayuktas act, 2013) may also require a specific notice. sections 4, 4a and 4b introduced by the aforesaid amendments, on which elaborate arguments have been made by the contesting parties, provide as follows: 4. superintendence and administration of special police establishment. (1) the superintendence of the delhi special police establishment ..... in so far as it relates to investigation of offences alleged to have been committed under the prevention of corruption act ..... be charged at the same trial; (b). give directions to the delhi special police establishment for the purpose of discharging the responsibility entrusted to it under sub section (1) of section 4 of the delhi special police establishment act, 1946 (25 of 1946): provided that while exercising the powers of ..... act no.1 of 2014) has gone a step further to give effect to the directions of this court made in vineet narain (supra) inasmuch as the object for change of the committee for making recommendations for appointment of the director, cbi has been stated to be the necessity to provide a high power selection committee for selection of director of the delhi special police establishment .....

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Jan 08 2019 (SC)

Common Cause (Registered Society) Vs. Union of India

Court : Supreme Court of India

..... act as amended by act no.45 of 2003 (the central vigilance act, 2003) and act no.1 of 2014 (lokpal and lokayuktas act, 2013) may also require a specific notice. sections 4, 4a and 4b introduced by the aforesaid amendments, on which elaborate arguments have been made by the contesting parties, provide as follows: 4. superintendence and administration of special police establishment. (1) the superintendence of the delhi special police establishment ..... in so far as it relates to investigation of offences alleged to have been committed under the prevention of corruption act ..... be charged at the same trial; (b). give directions to the delhi special police establishment for the purpose of discharging the responsibility entrusted to it under sub section (1) of section 4 of the delhi special police establishment act, 1946 (25 of 1946): provided that while exercising the powers of ..... act no.1 of 2014) has gone a step further to give effect to the directions of this court made in vineet narain (supra) inasmuch as the object for change of the committee for making recommendations for appointment of the director, cbi has been stated to be the necessity to provide a high power selection committee for selection of director of the delhi special police establishment .....

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Dec 10 2015 (SC)

Rajbala and Ors. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... . in subramanian swamy case, the dispute revolved around the constitutionality of section 6a of the delhi special police establishment act 1946, which was introduced by an amendment in the year 2003. it stipulated that the delhi special police establishment shall not conduct any enquiry or investigation into any offence falling under the prevention of corruption act 1988, alleged to have been committed by certain classes of employees of the central government ..... marginal farmers, landless labourers with homestead, physically handicapped and women headed households have also been provided financial assistance w.e.f. 04.04.2012. presently, w.e.f. 02.10.2014 the financial incentive is being given to above category of households @ rs.12000 (rs.9000 from centre and rs.3000 from state government). out of 30,67,907 rural households ..... the ground that it is arbitrary and therefore violative of article 14, petitioners relied upon judgments of this court reported in subramanian swamy v. director, central bureau of investigation & another, (2014) 8 scc682 indian council of legal aid v. bar council of india, (1995) 1 scc732 b. prabhakar rao & others v. state of andhra pradesh & others, 1985 (supp) scc432and d.s .....

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May 23 2014 (HC)

Abdul Aziz Gauri Vs. State (industries) and ors

Court : Rajasthan Jodhpur

..... case of manohar lal sharma vs. principal secretary & ors., reported in (2014) 2 scc532 dealth with section 6-a of the delhi special police establishment act, 1946, (dspe act), also held as under: - no doubt, the rigour of section 6-a of dspe act has already been diluted by the issuance of the office memorandum dated 26 ..... is the investigating agency and that it is only cbi that is capable of harassing or victimising a senior government official while the local police of the state government does not entertain frivolous and vexatious complaints and is not capable of harassing or victimising a senior government official. no ..... magistrate having power to try such case or commit the case for trial regardless of the status of the officer concerned. therefore, the local police may investigate a senior government officer without previous approval of the central government, but cbi cannot do so. this is rather anomalous. it ..... law such as section 6-a of dspe act. s.b. civil writ petition no.1231/2012 abdul aziz gauri vs. state of rajasthan & ors. order dated 23/05/2014 11/16 secondly, the office memorandum can always be withdrawn, modified or amended on the whim of the executive government, ..... on the same rationale as given for enacting section 6-a of dspe act, namely, for protecting . a senior government official. therefore .....

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Sep 03 2014 (HC)

K.Jaya L Vs. G.Adi Laxmi and Anot

Court : Andhra Pradesh

..... which deal with appeal against acquittal. sub-section 2 of section 378 cr.p.c deals with a police case on investigation by delhi special police establishment constituted under delhi special police establishment act, 1946 ( 25 of 1946) or by any other agency empowered to make investigation into an offence under any central act other than this code. likewise, sub- section 4 of section 378 deals with acquittal against the complaint ..... concerned practically within the meaning of victim defined in section 2 (wa) read with the proviso to section 372 cr.p.c amended by the amended act 5/ 2009 which came into force 31.12.2009. needless to say the scope of 372 cr.p.c of right of victim to maintain an appeal against acquittal judgment ..... cr.p.c, referring to several expressions of other high courts and of this court, answered the same in detail in crl.a no.1043 of 2005, dated 26.02.2014.7. in fact but for the limited say that order has no bar on this aspect as this revision filed now sought to be converted as regular appeal for return ..... ) air1970sc8293. air1956mysore 62 4. 1972 crl. lj14095. 2010 crl.j26876. 2013 (1) laws (sc) page 17 the honourable dr. justice b.siva sankara rao criminal revision case no.1621 of 2014 order: this criminal revision case is filed under sections 397 and 401 cr.p.c by the petitioner-complainant in c.c nos.230 of 2013 on the file of .....

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Feb 19 2019 (SC)

Common Cause Vs. Union of India

Court : Supreme Court of India

..... ) 5 for being considered for appointment as the director. 8. this court in c.a. no.4303/2002 has clarified that as regards seniority mentioned in section 4a of the delhi special police establishment act, 1946, ordinarily all the ips officers of the seniormost four batches in the service on the date of retirement of cbi director, irrespective of their empanelment, shall be eligible for ..... to be considered for selection to the post of director, cbi. it is further informed that as per section 4(a)(1) of the dspe act, 1946, as amended by the lokpal and lokayuktas act, 2013 (no.1 of 2014) (copy enclosed), the central government appoints the director, cbi on the recommendation of the committee consisting of members as prescribed for the purpose under ..... (a) the prime minister chairperson, (b) the leader of opposition (member) and (c) the chief justice of india or any judge of supreme court nominated by him. the act was further amended in november 2014 to provide for the leader of the single largest opposition party in lok sabha to be a member of the selection committee in case no leader of opposition ..... the ibid section. 12 3. as per section 19 of rti act, 2005, an appeal against the above decision would lie before the 1st appellate authority ms. ashwini .....

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Oct 12 2018 (SC)

Mallikarjun Kodagali (Dead) Represented Through Legal Representatives ...

Court : Supreme Court of India

..... district magistrate or the state as the case may be is entitled to direct the public prosecutor to file an appeal. sub section (2) deals with cases investigated under the delhi special police establishment act, 1946 and in these cases the central government may also direct the public prosecutor to file an appeal. i am concerned mainly with sub section (3) of section 378 of ..... punjab and haryana high court expressed it s opinion in the following words: crl. appeal nos._______/2018 (@ s.l.p. (crl.) nos. 7040-7041 of 2014) 23 the court shall always presume that while amending or bringing a new enactment, the legislature was fully aware of the provisions of the existing statute. the parliament had thus full knowledge of the fetters ..... had to say: now question is whether an appeal can be preferred for an incident that happened prior to giving effect of the amendment of crl. appeal nos._______/2018 (@ s.l.p. (crl.) nos. 7040-7041 of 2014) 28 the code. there is no doubt that if a court considers that from the date of incident, the right to appeal accrued ..... , then obviously that would be unreasonable and unfair, more so, when the amendment is given prospective effect and that would also go against the law of .....

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Feb 08 1972 (SC)

ishwar Das Malhotra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1193; 1972CriLJ751; (1972)1SCC646; [1972]3SCR411

..... extended to and shall be in force in, the state of jammu & kashmir.(2) with effect from the commencement of this act, the acts and ordinance mentioned in the schedule shall be amended as specified therein.4. the schedule which contained the delhi special police establishment act, 1946, amended it by omitting the words 'except the state of jammu & kashmir' from section 1.5. a notification was issued appointing ..... november 1, 1956, as the date for the coming into force of the extension act in the state of jammu & kashmir. the effect of the notification and section 2 mentioned above was that the delhi special police establishment article 1946, came ..... into force in the state of jammu and kashmir from november 1, 1956.6. the constitution (seventh amendment) act, 1956 also came into force on november 1, 1956. the state of delhi, which was a part 'c' state immediately before the seventh amendment became a union territory. a new article, article 372a .....

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Oct 18 1968 (HC)

Management of the Advance Insurance Co. Ltd. Vs. Gurudasmal, Supdt. of ...

Court : Delhi

Reported in : AIR1969Delhi330; ILR1969Delhi426

..... constitution and, thereforee, they could nto function under the act. (2) assuming that the delhi special police establishment was a police force for the chief commissioner's province, later the part c state of delhi, and thus able to function under the original act, the amendment of the act made by parliament by act no. 26 of 1952 changed the nature of the delhi special police establishment and thereafter, at any rate, they could nto ..... the constitution. the existence of the delhi special police establishment thereafter became unconstitutional with the result that it cannto exercise any powers under the delhi special police establishment act, 1946.in considering this argument we have to first remember that ..... schedule of the constitution excludes union territory. the learned counsel for the petitioner, thereforee, urges that the delhi special police establishment is a police force now belonging to a union territory of delhi and nto to any state. thereforee, its continuance after the commencement of the constitution (7th amendment) act, 1956, is contrary to the provisions of entry 80 of the union list of the 7th schedule of .....

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