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Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : 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

Reported in : 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 … Rule 134 of the BSF Rules provides for translation of evidence. Rule 135 thereof speaks of assembly of the Court. Rule 138 speaks of arraignment … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

Suresh Prasad Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Subject : Service

Acts : Border Security Force Rules, 1969 - Rule 22; Border Security Force Act, 1968 - Sections 62

Reported in : [2006(1)JCR422(Jhr)]

he reported for duty nor sent any information/reply to the said letters. As per Section 62 of the Border Security Force Act, 1968, Court of inquiry was ordered vide Officer Order No. 13271-76 dated 27.12.2003 and apprehension roll was also issued … the judgment of this Court in Lidha Oraon v. Heavy Engineering Corporation Limited and Ors. 2001 (2) JCR 135 (Jhr).5. According to the respondents, this writ petition is not maintainable in this Court as no cause of

Kamla Devi Vs. Border Security Force, Jodhpur and ors.

Court : Rajasthan

Subject : Property

Acts : Rajasthan Land Acquisition Act, 1953 - Sections 3, 4 and 23; Rajasthan Land Acquisition (Amendment) Act, 1984

Reported in : AIR1988Raj205; 1988(1)WLN730

J. 1. These two appeals : one by the claimant Smt. Kamala Devi and other filed by the Border Security Force, Jodhpur arise out of the judgment of the learned Civil Judge, Jodhpur dated 24-4-1974 in a reference made … that when the well was purchased by the claimant-petitioner in the year 1968, it was only 50 feet deep as stated by P.W. 1 Shri … Judge, Jodhpur dated 24-4-1974 in a reference made to him under Section 18 of the Rajasthan Land Acquisition Act ('the Act' herein). 2. The facts necessary to be noticed for the disposal of this reference briefly stated

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Subject : Right to Information

on the movement of goods when there is no bar to the entry of goods at the State border or when it passes through a local area within which they are not sold, used or consumed?. (7) … 13 of the Constitution of India which declares that all laws in force in the territory of India immediately before the commencement of the Constitution … a federation. To achieve this, not only was there a division of the heads of legislation, but the financial resources were also divided and separate fiscs for the federation and the Provinces were established. The fields of … such petition that assailed the constitutional validity of the Haryana Local Development Act, 2000. Relying upon the decisions of this Court in Atiabari Tea Co. … venture to think, in construing words in a section of an Act of Parliament is not to

Merrion Vs. Jicarilla Apache Tribe

Court : US Supreme Court

Subject : Land Acquisition

individuals live on the reservation, with the majority residing in the town of Dulce, N.M., near the Colorado border. The Tribe is organized under the Indian Reorganization Act of 1934, ch. 576, 48 Stat. 984, 2 U.S.C. … support the conclusion that the Commerce Clause does not, of its own force, limit Indian tribes in their dealings with non-Indians. Brief for Secretary of … of 1934, ch. 576, 48 Stat. 987, 25 U.S.C. § 476. In 1968, the Tribe revised its Constitution to specify: "The inherent powers of the … statutes and regulations of Page 455 U. S. 135 the Department of the Interior, and the restrictions … Department of the Interior issued a formal opinion setting forth his understanding of the powers that might be secured by an Indian tribe and incorporated in its constitution by virtue of the reference in the Reorganization Act … the Jicarilla Apache Tribe, including those conferred by Section 16 of the Act of June 18, 1934

United States Vs. Sioux Nation of Indians

Court : US Supreme Court

Subject : Land Acquisition

a tract of land bounded on the east by the Missouri River, on the south by the northern border of the State of Nebraska, on the north by the forty-sixth parallel of north latitude, and on the … which may be held in common shall be of any validity or force as against the said Indians, unless executed and signed by at least … the Indians and the Government. Finally, in October, 1968, the Commission set down three questions for briefing … in Cherokee Nation v. Southern Kansas R. Co., 135 U. S. 641 , 135 U. S. 657 … influx of settlers into the Black Hills increased. The Government concluded that the only practical course was to secure to the citizens of the United States the right to mine the Black Hills for gold. Toward Page … as long as they would be needed. In 1877, Congress passed an Act (1877 Act) implementing this "agreement" and thus, in effect, abrogated the Fort

Asarco Inc. Vs. Idaho State Tax Comm'n

Court : US Supreme Court

Subject : 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 … York Stock Exchange -- are widely held. App. 135a. The two companies occupy parallel positions with respect

Dunaway Vs. New York

Court : US Supreme Court

Subject : Right to Information

jacket). United States v. Brignoni-Ponce, 422 U. S. 873 (1975), applied Terry in the special context of roving border patrols stopping automobiles to check for illegal immigrants. The investigative stops usually consumed Page 442 U. S. 211 … Nothing is more clear than that the Fourth Amendment was meant to prevent wholesale intrusions upon the personal security of our Page 442 U. S. 215 citizenry, whether these intrusions be termed 'arrests' or 'investigatory detentions.'" Id. … for Fourth Amendment purposes. "Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of … (1978), quoting People v. Morales, 42 N.Y.2d 129, 135, 366 N.E.2d 248, 251 (1977). The Appellate Division … "arrest." Nevertheless, the Court held that even this type of "necessarily swift action predicated upon the on-the-spot observations of the officer on the beat" constituted

District of Columbia Vs. Heller

Court : US Supreme Court

Subject : Land Acquisition

meaning of the Second Amendment. A The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” … Writings of Samuel Adams 299 (H. Cushing ed. 1968). They understood the right to enable individuals to … L. Levy, Origins of the Bill of Rights 135 (1999). Worse still, the phrase “keep and bear … Distinction Between Words Esteemed Synonymous in the English Language 37 (1794) (emphasis added). Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second … 103-106. These experiences caused Englishmen to be extremely wary of concentrated military forces run by the state and to be jealous of their arms. They … of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal … the Freedmen’s Bureau Act on July 16, 1866. Section 14 stated: “[T]he right … to have full

BrendlIn Vs. California

Court : US Supreme Court

Subject : Land Acquisition

e.g. , Almeida-Sanchez v. United States , 413 U. S. 266 , 273 (1973) (stop and search by Border Patrol agents without a warrant or probable cause violated the Fourth Amendment); Prouse , supra , at 663 … the side of the road, and the police activity that normally amounts to intrusion on “privacy and personal security” does not normally (and did not here) distinguish between passenger and driver. United States v. Martinez-Fuerte , 428 … and thus entitled to challenge the government’s action when officers, by physical force or a show of authority, terminate or restrain the person’s freedom of … (a) A person is seized and thus entitled to challenge the government’s action when officers, by physical force or a show of authority, terminate or … driver controls the car, id ., at 1118-1119, 135 P. 3d, at 851-852, and that once a