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Nirmal Lakra Vs. Union of India (Uoi) and ors.
Delhi
Sep-30-2002
Service
Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482
2003(1)SLJ151(Delhi)
is also entitled to costs, which is quantified at Rs. 5,000/-._ Service - discharge - Sections 87 of Border Security Force Act, 1968 - dismissal Order and punishment challenged on ground of violation of fair trial - 'A' witness in proceeding … convicted, sentenced and has also suffered part of the sentence. The petitioner's second trial, thereforee, is prohibited by Section 121 of the Act as also Article 20(2) of the Constitution of India.'52. It is not a mere co-incidence
Tag this Judgment! AI Brief & AskVinod Kumar S/O Sudarshan Kelkar Vs. Union of India (Uoi) and ors.
Mumbai
Sep-21-2004
Criminal
Code of Criminal Procedure (CrPC) , 1974 - Sections 428; Border Security Force Act, 1968 - Sections 46 and 121A; Border Security Force (Amendment) Act, 2000; Indian Penal Code (IPC) - Sections 302
2004(4)MhLj561
Court for the offence under Section 302 of the Indian Penal Code and under Section 46 of the Border Security Force Act, 1968 (for short, the B.S.F. Act) is entitled to set off for the period he has undergone detention as … 428 of the Criminal Procedure Code (for short, the Code) and also benefit of the provisions of Section 121-A of the B.S.F. Act by making representation to the respondent Nos. 1 and 2 through respondent No. 3
Tag this Judgment! AI Brief & AskSunil Kumar Vs. Union of India and Ors
Jharkhand
Nov-20-2017
Education
consequent upon the Summary Security Force Court convicted the petitioner for the offence under section 40 of the Border Security Force Act, 1968 for ‘an Act prejudicial to good order and discipline of the Force’ and sentenced him to be dismissed … one Sandhya Kumari, who is not legally married or is related to the petitioner, resided in Quarter No. 121 Type-I in the BBSF campus, allotted to the petitioner from 1st March, 2008.4. Though it has been mentioned
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Asarco Inc. Vs. Idaho State Tax Comm'n
US Supreme Court
Jun-29-1982
Service Tax
337 . The trial court, however, found that ASARCO "has never been required to utilize its stock as security for borrowing of working capital, acquiring stock or securities in other companies or to support any bond issues." … its basic arguments -- in practical effect -- would seriously undermine their force as precedents. It relies primarily on considerations quite different from those identified … levy on appellant ASARCO Inc. for the years 1968, 1969, and 1970. ASARCO is a corporation that … U. S. 315 -330. (a) As a general principle, a State may not tax value earned outside its borders. "[T]he linchpin of apportionability in the field of state income taxation is the unitary business principle." Mobil Oil … would permit nondomiciliary States to apportion and tax dividends "[w]here the business activities of the dividend payor have nothing to do with the activities of … losses constitute business income as defined in this section." Idaho Code § 63-3027(f)(3) (Supp.1981). "Interest and dividends … shareholders or the first 12 directors. Ibid.; App. 121a. Southern Peru's bylaws provide that eight votes are
Tag this Judgment! AI Brief & AskMcdonald Vs. Chicago
US Supreme Court
Jun-28-2010
Land Acquisition
that did not have an effective police force, law enforcement often could not pursue criminals beyond the town borders. See Brief for Rocky Mountain Gun Owners et al. as Amici Curiae 15. Settlers in the West and … “the right … to have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the acquisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms … , Cheung v. Eighth Judicial Dist. Court , 121 Nev. 867, 124 P. 3d 550 (2005) (no … this federal suit against the City, which was consolidated with two related actions, alleging that the City’s handgun ban has left them vulnerable to criminals. … i.e., the Equal Protection Clause, it can hardly be said that the section does no more than prohibit discrimination. If what municipal respondents mean is
Tag this Judgment! AI Brief & AskJones Vs. North Carolina Prisoners' Labor Union, Inc.
US Supreme Court
Jun-23-1977
MRTP
abridged here. Appellants' conclusion that the presence of a prisoners' union would be detrimental to prison order and security has not been conclusively shown to be wrong, and the regulations drafted were no broader than necessary to … ] overturning that ban Page 433 U. S. 145 would sap all force from the rationale for excluding bulk mailings. The exclusion would then be … U. S. 139 . Page 433 U. S. 121 MR. JUSTICE REHNQUIST delivered the opinion of the … "membership" but prohibited inmate-to-inmate solicitation (as well, it should be noted, as meetings, or other group activities) as bordering "on the irrational," and felt that "[t]he defendants' on hypothesis in this case is that the existence of … EASTERN DISTRICT OF NORTH CAROLINA Syllabus Appellee prisoners' labor union brought this action under 42 U.S.C. § 1983, claiming that its First Amendment and equal
Tag this Judgment! AI Brief & AskWilkie Vs. Robbins
US Supreme Court
Jun-25-2007
Land Acquisition
Smith, an employee of the Bureau of Indian Affairs who manages lands along the High Island Ranch’s southern border, and pressured him to impound Robbins’s cattle. Smith told Robbins, but did nothing more. Finally, in January 2003, … U. S. 669 (1987); Chappell v. Wallace , 462 U. S. 296 (1983), and wrongful denials of Social Security disability benefits, Schweiker v. Chilicky , 487 U. S. 412 (1988). We have seen no case for extending … broke down, defendant-petitioners (defendants) began a campaign of harassment and intimidation to force him to regrant the lost easement. Robbins’s suit for damages and declaratory … from Alabama [who] got [the Ranch].” Id., at 121. Parodi became convinced that the Bureau had mistreated … declaratory and injunctive relief now includes a Racketeer Influenced and Corrupt Organizations Act (RICO) claim that defendants repeatedly tried to extort an easement from him … in return for a right-of-way to maintain a section of road running across federal land to otherwise
Tag this Judgment! AI Brief & AskThakur Prasad Sao and ors. Vs. the Member, Board of Revenue and ors.
Supreme Court of India
Dec-18-1975
Commercial
Bihar and Orissa Excise Act, 1915 - Sections 22, 22(1), 29, 30, 39, 42 and 43
AIR1976SC1913; (1976)2SCC850; [1976]3SCR34
reason for him to do so. particularly as the location of his shop was to be on the border of the State.15. It has also been contended that the High Court erred in holding that the State … instalments spreading over a period of three years in case of those appellants who are able to furnish security for payment within that period. Commercial - licence - appellants purchased licence under outstill system and deposited advance … privilege under Section 22. The licenses of the appellants therefore remained in force for the periods for which they were granted and, by virtue of … the appellants have placed considerable reliance on paragraph 121 of the Manual and have argued that the … appellants filed application under Section 39 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, for reduction of the fees … 826 and 827 relate to the bids for 1968-69 and 1969-70. These may be said to be
Tag this Judgment! AI Brief & AskMowu Vs. the Superintendent, Special Jail, Nowgong, Assam and ors.
Supreme Court of India
Dec-14-1970
Criminal
Constitution of India - Articles 21 and 22; Criminal procedure Code (Cr. PC) - Sections 167, 190, 200, 204(1-A), 344 and 388; Indian Penal Code (IPC), 1860 - Sections 120-B, 121, 121-A and 122
(1971)3SCC936; 1971(III)LC111(SC)
also surreptitiously visited China for the aforesaid purposes between 1966 and 1968. The Security Forced deployed at the border arrested the petitioner and some other while they were returning from China, seized from them arms and ammunition … of incriminating character and also currency, both Indian and Foreign, At the time of their apprehension by the Security Force, the petitioner and others with him were in Chinese military uniforms.5. On their arrest, as aforesaid, the Government … 18, 1969, the said Sethi to lodge a complaint Under Sections 120, 121, 121A and 122 of the Penal Code and certain other provisions and … order dated March 18, 1969 Under Section 3 of the Preventive Detention Act, 1960. The order was confirmed by the Central Government and was to
Tag this Judgment! AI Brief & AskSapmawia Vs. Deputy Commissioner, Aijal
Supreme Court of India
Jul-30-1970
Criminal
Constitution of India - Article 22(1); Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC), 1860 - Sections 121;
(1970)2SCC399; [1971]1SCR690
District. On the 14th August, 1968 he was taken by the Security Forces from his house in Bairabi, Mizo Dist. to work as a porter … the nation and the security of the State. It is undoubtedly true that on our eastern and north-eastern borders there are some unfriendly foreign powers which, with evil and hostile designs, are constantly seducing political adventuress and … prisoner since his arrest. On enquiry from jail authorities he learnt that he was charged with offences under Section 121, I.P.C. and under rules 41(5) and 32(5) of the Defence of India Rules and also under Sections 10, … Rules and also under Sections 10, 11 and 13 of the Unlawful Activities (Prevention) Act. The petitioner was transferred from Silchar Jail to Now-gong Jail
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