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Mar 20 2002

Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Decided on : Mar-20-2002

Subject : Service

Acts : Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 9 and 14A; ;Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1998; ;Constitution of India - Articles 14 and 16

Reported in : 2003(3)JKJ73

dated 27.5.1998, purportingly issued in exercise of the powers conferred by Sub-section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of … following order:'(i) That the petitioner is a member of Armed Force, which force has been described in the preamble to the Act; (ii) That the petitioner is to be governed by specific Rule 9 referred to above. … holding the post of Commandant. It was for the first time in 1978 by a Notification issued by the Ministry of Home Ministry of Home

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Sep 26 2007

Rabindranath Mishra Vs. State of Orissa and ors.

Court : Orissa

Decided on : Sep-26-2007

Subject : Constitution

Reported in : AIR2008Ori19

ghaty receive such pay, pension and other remuneration, as may be prescribed.There are also similar provision in the Border Security Force Act, 1968 and Central Industrial Security Force Act, 1968 etc.14. In the case of Akhilesh Prasad v. Union Territory of … member would come under armed forces or paramilitary forces. In this regard, it is necessary to peruse the preamble of the C.R.P.F. Act and other Acts for this purpose.12. The C.R.P.F. Act, 1949 was enacted replacing the … in the Medical Course pursuant to the Joint Entrance Examination, 2007 securing 15th rank under M. I. category i.e. 3% quota reserved for children/widows of

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Apr 20 2009

Jang Bahadur Singh, Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Apr-20-2009

Subject : Service

appointments to disabled. In the present case the establishment in issue is Border Security Force established under Boarder Security Force Act 1968. The preamble of the Act describes the object as 'An act to provide for the constitution and regulation … appointment under the provisions of the persons with Disabilities (Equal Opportunites, Protection of Rights and Full Participation) Act, 1995.3. The main obstacle in granting a shelter appointment to the petitioners are the two notifications issued by the

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Apr 20 1992

Samir Bhattacharya and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Apr-20-1992

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 38, 39 and 226; ;West Bengal State Tax on Professions, Callings and Employments Act, 1979

Reported in : (1992)2CALLT333(HC)

the writ petitioners who joined West Bengal Home Guard service do not come under the purview of the Border Security Force Act and Rules and their grievances are matters concerning the State Government alone. It is further stated that the … cannot redress any grievance of the petitioners and the appropriate authority is the State of West Bengal.21. The Preamble to the Constitution of India is a blazing light for the High Courts to follow where Justice and … Bengal Home Guard, Border Wing Home Guard, from time to time since 1978 and thereafter. The petitioners are divided into four categories of the Border

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Jun 21 1993

Sale Vs. Haitian Centers Council, Inc.

Court : US Supreme Court

Decided on : Jun-21-1993

Subject : Land Acquisition

... be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is [located]," Article 33.2-affirmatively indicates that it was not intended to have … not a signatory to the Convention itself, in 1968 it acceded to the United Nations Protocol Relating … 20 "One of the considerations stated in the Preamble to the Convention is that the United Nations … in this country, and since it is presumed that Acts of Congress do not ordinarily apply outside the borders, see, e. g., EEOC v. Arabian American Oil Co., 499 U. S. 244 , § 243(h)(1) must be … Haiti without first determining whether they qualify as refugees, but "authorize[s] [such forced repatriation] to be undertaken only beyond the territorial sea of the United … Council, Inc. - 509 U.S. 155 (1993) OCTOBER TERM, 1992 Syllabus SALE, ACTING COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, ET AL. v. HAITIAN CENTERS COUNCIL, INC.,

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Aug 20 1979

Basappa and ors. Vs. the Textile Commissioner, Bombay 1 and ors.

Court : Karnataka

Decided on : Aug-20-1979

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 141, 226 and 245; Cotton Textiles (Control) Order, 1948; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3 and 8

Reported in : AIR1980Kant130

his control on 31st Mar. 1950. xx xx xx 'Sarees (a) No producer shall produce any Sarees with borders exceeding 21/2' in width or use real or imitation zari in a Sarees border; (aa) No producer who … of cotton textiles by different manufacturers in the country to be In force till 31-8-1982. By one of the directions, owners of less than five … the textile mills may be pegged at the 1968 level. We also recommend that the production of … of another sector. 41. The words in the preamble of the Act indicate clearly the object and … supply and distribution of essential commodities. An order can be made for maintaining or increasing supplies, or for securing their equitable distribution and availability at fair prices or for securing that commodity for the Defence of India … In the wake of the Second World War, the Defence of India Act, 19M, was enacted under which various regulations and control orders were issued, … Clause 20 f the Cotton Textiles (Control) Order 1948 (hereinafter -referred to as the Control Order), the

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May 02 1972

Ramanlal Purshottamdas Chokshi Vs. Union of India (Uoi) and ors.

Court : Gujarat

Decided on : May-02-1972

Subject : Civil

Reported in : (1973)14GLR112

a return giving full particulars of the things given by way of security and the persons who gave the security. Sub-section (2) authorised the examination … the Gold Control Act was not violated. Therefore, their Lordships found no force in the contention that these money lenders or pawn brokers would be … first petition is filed by some of the licenced dealers to challenge the provisions of the Gold (Control) Act, 1968, hereinafter referred to as 'the Act along with the rules enacted thereunder; while the second petition is by … List If I. Their Lordships referred to the preamble that the Act was to provide, in the … challenge the provisions of the Gold (Control) Act, 1968, hereinafter referred to as 'the Act along with … channels. The Customs Department was in itself not in a position to effectively combat smuggling over the long borders, and the coast lines and, therefore, the anti smuggling measures had to be supplemented by a detailed system

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Dec 09 2004

Regina Vs. Immigration Officer at Prague Airport and Another (Responde ...

Court : House of Lords

Decided on : Dec-09-2004

Subject : Land Acquisition

1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. 2. The expulsion of such a refugee shall be only in pursuance of a decision … faith in interpreting and performing a treaty obligation, the International Court of Justice made plain in In re Border and Transborder Armed Actions (Nicaragua v Honduras) [1988] ICJ Rep 69, para 94, and repeated in In re … Vienna Convention, entitled Pacta sunt servanda, which requires that a treaty in force should be performed by the parties to it in good faith and … domestic statute generally governing the administration of immigration control is the Immigration Act 1971. Under sections 1 and 2 of this Act, British and some … treaty (see the Wemhoff judgment of 27 June 1968, Series A no. 7, p.23, para. 8), and … aims of that Convention are reflected in its preamble: "The High Contracting Parties, Considering that the Charter

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Jan 29 1991

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Decided on : Jan-29-1991

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 4, 87, 107, 117 (2) and 118; Constitution of India - Articles 14, 217, 226 and 227; Army Act, 1959 - Sections 164(2); Border Security Force Rules - Rules 167 to 169

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

J.1. Whether a personal hearing is required before disposing of a petition filed under Section 117(2) of The Border Security Force Act, 1968 ('Act' for short) against an order of the Summary Security Force Court? This in short is the question … Schedule 7 of the Constitution of India and is primarily connected with the defence of the country. The preamble states that the Act is to provide for the Constitution and regulation of an Armed Force of the

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Mar 09 2004

Lao-cum-revenue Divisional Officer, Chevella Division and ors. Vs. Mek ...

Court : Andhra Pradesh

Decided on : Mar-09-2004

Subject : CivilConstitution

Acts : Constitution of India - Articles 14, 21, 31A, 39 and 41; Land Acquisition Act, 1894 - Sections 23

Reported in : AIR2004AP250; 2004(2)ALD451; 2004(2)ALT546

to develop himself in a human fashion with full blossom, he needs a certain freedom and a certain security. The economic and social justice, equality of status and dignity of person are assured to him only through … to the contrary in any other law for the time being in force no land assigned to a landless poor person for the purpose of … 21, 38, 39 and 46 read with the preamble of the Constitution.'54. The Court further observed that … founding the Nation's basic commitment has been to foster the dignity and well-being of all persons within its borders. We have come to recognize that forces not within the control of the poor contribute to their poverty. … entitled to payment of compensation under the provisions of the Land Acquisition Act, 1894 (for short 'the Act') when the assigned lands are resumed by … under the provisions of the Land Acquisition Act, 1894 (for short 'the Act') when the assigned lands

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