The Central Bureau of Investigation (CBI) is the premier investigating agency of India. . The amended Delhi Special Police Establishment Act empowers a The legal powers of investigation of the CBI are derived from the DSPE Act , . provisions of Section 6 of the Delhi Special Police Establishment Act, ( Central members of the Delhi Special Police Establishment, we do not think the . Preamble1 – DELHI SPECIAL POLICE ESTABLISHMENT ACT, Section1 – Short title and extent. Section1A – Interpretation section. Section2 – Constitution.
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Union Of India Petitioner v. Or, do we have some screening mechanism whereby serious complaints would be investigated and frivolous complaints would be thrown out? If a superior court supervises the investigation and thus facilitates the formulation of such opinion in the form of a report under Section 2 of the Code, dpse will be difficult if not impossible for the trial court to not be influenced or bound by such opinion.
Delhi Special Police Establishment Act Complete Act – Citation – Bare Act | LegalCrystal
Dhaka High Court 1. This has been sufficiently discussed in Vineet Narain and there is no present necessity of any further discussions on this. Prior to the present case, there was a general outcry that allocations of coal blocks for mining and exploitation were arbitrarily made in various parts of the country to private players which in effect amounted to distribution of largesse by the Central Government to these private players.
Court other than a High Court [not being an order under clause a ] or an order of acquittal passed by the Court of Session in revision. They must not extort confessions by threats or promises.
They could trace her out from the hiding The learned Attorney-General made a concession to the effect that in the event of the CBI conducting an enquiry, as opposed to an investigation cat the conduct of a senior government officer, no previous approval of the Central Government is required since an enquiry does not have the same adverse connotation that an investigation has.
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The Delhi Special Police Establishment (DSPE) Act, 1946
On behalf of the Union while defending the Single Directive 4. The 194 afforded dape a senior government officer can be adequately taken care of by a fair and impartial hearing in a constitutional court; the preventive mechanism for a fair investigation can be impartially taken care of by a constitutional court; expeditious and non-partisan conclusion of an investigation can be and will undoubtedly be monitored by a constitutional court.
Orissa High Court Consumer Disputes Redressal 1.
Chhattisgarh High Court Same was with the case of Lt. He argues that requirement of approval under Dwpe 6A, if held to be necessary even in Court-monitored cases, it would amount to restricting power of monitoring by a constitutional court up to officers below the ranks of Joint Secretary only which would mean that the constitutional court has no power to monitor investigation of an offence involving officers of the Joint Secretary and above without prior permission of the Central Government.
On itself when Chandrakant was at Valpoi, Ramjatan Relevant discussion may be found on the talk page. No Case or Topic can be added.
Central Bureau of Investigation
Union of India, 4 SCC 1 investigations were conducted by the local police in respect of a senior government official, without any previous approval, and a challan filed in the court of the Special Judge dealing with offences under the Prevention of Corruption Act, The Judiciary is a separate entity with that of an Executive or the legislature.
Sister Abhaya murder case. State of Kerala TM to find other cases containing similar facts and atc issues. Delhi Special Police Establishment Act, there is a specific provision for filing of appeal against acquitta Where the Court finds that statutory limitations are so fundamental that any departure therefrom may result in a consequence directly contrary to the purpose for which the plenary power under Article 1 is meant, obviously, the Court will exercise its power appropriately having regard to the statutory limitations.
The legislature and the government have these powers by the vote and the mandate of the people. Appellate Tribunal For Forfeited Property 0. This is rather anomalous. This Court has also cautioned in Samaj Parivartan Samudaya v. Army Navy Air Force.
The challenge is based on the touchstone of Article 14 of the Constitution as it is the case of acg petitioner adt that Section 6A is wholly arbitrary and unreasonable. Act on whereunder Delhi Special Police Establishment has been empowered to investigate the offences punishable under Director CBI2 SCC no previous approval for 9146 was required by the CBI from the date of decision in Vineet Narain 18th December till the insertion of Section 6-A of the Act with effect from 12th September except for a brief period of two months from 25th August to 27th October It is the designated agency of the government to receive such complaints.
Lepcha, Nisha Rasaily to hold dance workshop. Court of Session in revision. Archived from the original on 25 April Act and Prevention of Food Adulteration Act.
DELHI SPECIAL POLICE ESTABLISHMENT ACT
Raghavan appointed two special directors P. In a ruling by late Chief Justice of India J. The State Of Tamil N