It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Reliance was placed on the decision of this Court in Ajay Aggarwal vs. Injury to Human life: A Magistrate has no jurisdiction to make an order under this section merely for the protection of property. If the power of the State Legislature is restricted in the manner provided by the Constitution, it is impossible to hold that the State by an executive order can do something which it has not done by legislation. It was submitted that since a part of the cause of action had arisen in India on account of alleged offences under Sections 3 and 4 of the Dowry Prohibition Act, 1968, the learned Magistrate trying the said complaint could also try the other offences alleged to have been committed outside India along with the said offences. Therefore, the right to life and personal liberty has been the greatest prize which the people of India, by accepting, enacting and giving unto them the Constitution, have conferred upon the citizens. The order should have names of specific persons and the prohibited act should be explained with reasonable precision.
What are the contempt of the lawful authority of public servants? The counsel for the petitioner has relied upon Sawarn Singh v. Urgency of the situation and the power is to be used for maintaining public peace and tranquility 2. When applying force, the basic rule is to use only the minimum force necessary in order to control the situation effectively, ill-advised or excessive application of force will not only result in charges of police excesses, but may also prolong the disturbance. This was held in the case of Acharya Jagdisharanand Avadhut v Police Commissioner, Calcutta where the Anand Margis were prohibited from conducting Tandava dance on the streets or carry skulls in their processions, by an order of the Commissioner under section 144 of the code. Dear Querist No need to worry, there is no disobedience by you so there is no case made out against you.
Again to hold that the extent of, and the circumstances in which, the guarantee of protection is available depends upon the object of the State action, is to seriously erode its effectiveness. Sub-section 3 thereof provides as follows: An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place. However, we are still left with the question as to whether in cases where the offences are alleged to have been committed outside India, any previous sanction is required to be taken by the prosecuting agency, before the trial can commence. In other words, he is asking us to adopt the test of intention. In the affidavit-in-reply made by the Commissions of Police be has averred that the intention underlying the aforesaid executive directions was to inform the members of the public that they might endanger their lives if they committed breach of the- curfew order and if shooting operations were going on to maintain law and order situation.
It operates where an offence is committed by a citizen of India outside the country. He has got to be satisfied that the direction is likely to prevent injury or risk of injury to human life or safety. The Magistrate should apply his mind to see whether the matter is of such urgency as to require an order under this section. To do that, you can approach the police station in your area personally and ask for tenant verification forms. Tehsildar Sangrur has reported verbally that one Quipo Telecom Infrastructure Ltd. Non-Cognizable Bailable Any Magistrate If the notice or information is required by an order passed under sub-section 1 of section 356 of this Code.
If the document is required to be produced in or delivered to a Court of Justice. The Magistrate is, therefore, free to proceed against the accused in respect of offences having been committed in India and to complete the trial and pass judgment therein, without being inhibited by the other alleged offences for which sanction would be required. This section covers both kinds of annoyance. In national capital Delhi, for instance, you will have to download and fill application form for tenant verification. The learned Advocate General applies on behalf of both the respondents orally at the conclusion of this judgment for a certificate of fitness under Article 134 1 c in order to enable the respondents to appeal to the Supreme Court against thw decision.
The learned Advocate General has next argued that none in the city has been shot at for a mere breach of the curfew order. It provides that if any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. No, a Delhi court has said. Vardhichand, a trendsetter in the field of pollution control in India, the Supreme Court held that officers of a municipal council could be held guilty under section 188 of the Code for disobeying, or not complying with, an order passed by a magistrate under section 133, Code of Criminal Procedure, 1973 to close certain pits, repair the drains, remove the heaps of dirt and construct public lavatories within a certain specified period. It has been submitted on behalf of the Petitioner that as will appear from the complaint made by the Respondent No. As it is possible to act absolutely and even ex parte it is obvious that the emergency must be sudden and the consequences sufficiently grave. Simple imprisonment for 1 month or fine of 500 rupees, or both.
Don't the indian police think that these 498a ladies make them fool? By the look of it, the tenant seems fine to you and the trouble to follow the procedure could well be avoided, you think. But the Magistrate should bear in mind that every citizen has a right to ventilate his grievances either in public or in private and ask for redress. The provision of section 144 only require the 'material facts' to be stated and not the grounds or reasons or the detailed substance of the information on which the order is based. Imprisonment for 3 years and fine. But there is at least one item about which this limited view is not possible.
One of the tests to find out whether a restriction is reasonable or not is to see whether the aggrieved party has a right of representation against the restrictions imposed or proposed to be imposed. By necessary implication the latter part of Clause 9 provides that permits issued by the Office of the Director, Anti- Corruption Bureau, Ahmedabad shall be valid permits. The classical view favours retaining jurisdiction ignoring the circumstances of arrest, applying the Latin maxim Male Captus Bene Detentus. It is an illegal assumption of power to issue an order under this section on a pretended apprehension of the danger of the breach of the public peace. But we cannot overlook that it is an official publication for all citizens to obey and the law and order forces to act upon. It is noteworthy that the third paragraph of Section 188 of.
But the fact that the international community disapproves of illegal abductions to bring offenders to justice today was witnessed by itself. In cases where, in the opinion of a District Magistrate, a Chief Presidency Magistrate, the Commissioner of Police, Sub-Divisional Magistrate, or of any other Executive Magistrate specially empowered by the State Government or the Chief Presidency Magistrate or the District Magistrate to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate or the Commissioner of Police may, by a written order stating the material facts of the case and served in manner provided by Section 134, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate or the Commissioner of Police considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safely, or a disturbance of the public tranquillity, or a riot, or an affray. This supports the view that the power granted under this section is not arbitrary. An illegal abduction from foreign soil is an important factor to decide whether or not an accused should face trial. Dear Arun Pal the District Magistrate has passed the order under Section 144 Cr. Disobedience causes or tends to cause obstruction, annoyance or injury etc The disobedience must either cause or it must have a tendency to cause obstruction, annoyance or injury as stated in the section. However, in respect of offences alleged to have been committed outside India, the learned Magistrate shall not proceed with the trial without the sanction of the Central Government as envisaged in the proviso to Section 188 Cr.
The learned Advocate General after having addressed us on merits in reply to the arguments raised by Mr. No person can be deprived of his liberty without being afforded an opportunity to be heard in defence and that opportunity must be adequate, fair and reasonable. Cases Referred The District Collector of Hyderabad and Others Vs. If you are the owner of a prime property, you may be lucky enough to have a beeline outside of your premises. It, therefore, infringes the fundamental right to life and liberty guaranteed by the Constitution to the citizens of this country. Even if everything is alright, a landlord could still be booked. Rule is made absolute to the aforesaid extent.