Back
B. P. SINHA, SYED JAFAR IMAM, N. RAJAGOPALA AYYANGAR, K. SUBBA RAO, J. C. SHAH, J. R. MUDHOLKAR
Kharak Singh – Appellant
Versus
State Of U. P. – Respondent
N.R.AYYANGAR, J.
(1) THIS petition under Art. 32 of the Constitution challenges the constitutional validity of Ch. XX of the U. P. Police Regulations and the powers conferred upon police officials by its several provisions on the ground that they violate the right guaranteed to citizens by Arts. 19(1)(d) and 21 of the Constitution.
(2) TO appreciate the contention raised it is necessary to set out the facts averred on the basis of which the fundamental right of the petitioner, is said to be violated, as well as the answers by the respondent-State to these allegations. The petitioner--Kharak Singh -was challaned in a case of dacoity in 1941 but was released under s. 169, Criminals Procedure Code as there was no evidence against him. On the basis of the accusation made against him he states that the police have opened a `historysheet` in regard to him. Regulation 228 which occurs in Ch. XX of the Police Regulations defines `history-sheets` as `the personal records of criminals under surveillance`. That regulation further directs that a `history-sheet` should be opened only for persons who are or are likely to become habitual criminals or the aiders or abettors of such c
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
