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State of Jammu and Kashmir and ors. Vs. Javed Iqbal Balwan and ors.

Court : Supreme Court of India

Reported in : JT2009(5)SC149; (2009)IILLJ496SC; 2009(4)SCALE410; (2009)4SCC529; 2009AIRSCW2467; 2009(3)LHSC1781

aftab alam, j.1. leave granted.2. this appeal arises from a dispute of seniority in the cadre of tahsildars in the j & k revenue (gazetted) service. a dispute of seniority between direct recruits and promotees normally tends to be bitter and thorny. this one is particularly so as it is the product of years of ad-hoc arrangements and it further involved, at least at the stage of the high court the additional dispute in regard to the date with effect from which the promotee naib tahsildars were regularised as tahsildars. in this appeal, however, on behalf of the state of jammu and kashmir we are only concerned with the dispute of seniority between the promotees and the direct recruits in the j & k revenue (gazetted) service. the dispute is now almost a quarter of a century old (the other part, with which we are not concerned in this appeal, of course goes far behind it). during this period of about twenty five years the matter has undergone three rounds of litigations and has seen countless writ petitions and letters patent appeals in the high court of j & k ending up in appeals, (including the one in hand), before this court. the first round was in regard to the claim by a number of candidates, who, though finding place in the select list prepared by the state public service commission were denied appointment by the state government. they claimed appointment to the different services under the state government on the basis of their selection by the commission. on being .....

Sanjay Dutt Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : 1996(1)ALD(Cri)710; 1995(2)ALT(Cri)686; 1996CriLJ378; 1995(4)Crimes197(SC); JT1995(7)SC378; 1995(5)SCALE640; (1995)6SCC189; [1995]Supp4SCR362

..... accused persons and the reasons on the basis of which the state had no objection for granting bail to them, the cbi examined in consultation with the bombay police cases of the accused person who were in custody in connection with the bombay bomb blast and classified them into the categories to arrive at a list of accused for whom no objection to release them on bail could be filed before the court. ..... state of punjab : 1994crilj3139 , screening/review committees constituted by the state government as well as by the central government had examined the cases of accused persons in custody for offences under tada, including that of the appellant in connection with the bombay bomb blast case. ..... thereafter, it has been stated:therefore, the cbi after carefully, scrutinizing the cases of all the accused in custody, took a policy decision after consulting the bombay police that the accused listed under category no. ..... an affidavit has been filed on behalf of the respondent which has been sworn by the joint director & special inspector general police, cbi, special task force, new delhi. .....

Rajiv Bhatia Vs. Govt. of Nct of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR1999SC3284; 1999(2)ALD(Cri)506; 2000(1)ALT(Cri)63; 1999CriLJ4292; JT1999(6)SC523; 1999(5)SCALE414; (1999)8SCC525; [1999]Supp2SCR280

..... akansha has been given in adoption by the natural parents by executing a registered adoption deed and from the date of said deed, akansha is staying with the adoptive parents and the adoptive parents are in lawful custody of the child and consequently the question of issuing a writ of habeas corpus does not arise. ..... by the impugned judgment, the high court examined the legality of the adoption deed to find out whether the custody of akansha should be with the natural mother or with the adoptive parents. ..... we, however, make it clear that any observation made by delhi high court in the impugned judgment with regard to the validity of the registered deed of adoption or with regard to the suitability of the custody of akansha will not be binding in the pending proceedings. ..... ultimately, the high court directed that the custody of the daughter, akansha shall remain with the natural mother till appropriate civil courts in appropriate civil proceedings decide otherwise. ..... akansha, as already stated, and in view of our conclusion that the child does not want even to talk to adoptive parents, we are not inclined to interfere with the direction of the delhi high court allowing the custody of akansha to the natural mother until appropriate decision of competent forum is obtained with regard to the validity of the adoption deed as well as the custody of the child in question. ..... we, therefore, find sufficient force in the submissions of learned counsel for the appellants. .....

State of Delhi Vs. Ram Avtar at Rama

Court : Supreme Court of India

..... resultantly, ram avtar was taken into custody, and charge-sheet for committing an offence under section 21 of the act was filed against him. ..... in terms of the provisions, in force at the relevant time, the petitioner had a right to be informed of the choice available to him; making him aware of the existence of such a right was an obligation on the part of the searching officer. .....

State of J and K Vs. Lakhwinder Kumar and ors.

Court : Supreme Court of India

..... release or discharge from the service of persons subject to this act; (f) the purposes and other matters required to be prescribed under section 13; (g) the convening, constitution, adjournment, dissolution and sittings of security force courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (h) the confirmation, revision ..... ; (k) any matter necessary for the purpose of carrying this act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this act; (l) the ceremonials to be observed and marks of respect to be paid in the force; (m) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of ..... state of uttar pradesh, air 196.sc 264.quoted with approval the law laid down by the privy council in the case of sibnath banerji (supra) and held that enumerated ..... sibnath banerji, air 194.pc 156.if the powers specified by section 298(1) are very wide and they take in within their scope bye-laws like the ones ..... sibnath banerji, air 194.pc 156.to uphold the validity of rule 26 of the defence of india rules, which though was found in excess ..... , air 196.sc 1471.in which it has been held as follows: .section 15(1) confers wide powers on the appropriate government to make rules to carry out the purposes of the act; and .....

Mehboob Ali and Anr. Vs. State of Rajasthan

Court : Supreme Court of India

..... section 26 provides that no confession made by any person while he is in the custody of a police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person. ..... of the accused persons leading to discovery of fact are clearly admissible as per the provisions contained in section 27 of the evidence act which carves out an exception to the general provisions about inadmissibility of confession made under police custody contained in sections 25 and 26 of the evidence act.21. ..... the confession made under the police custody was inadmissible thus, there was no evidence to convict the appellants mehboob and mohd. ..... firoz that the confessional statement of accused persons recorded under section 27 of evidence act is not admissible as the accused persons were under the custody of police. .....

Wayman Vs. Southard

Court : US Supreme Court

..... as if such writ had issued out of a court held under the authority of the state, and it shall be the duty of the marshal in whose custody such goods may be to summon the appraisers in like manner as the sheriff is by the laws of the state required to summon them, . . . ..... it authorizes the marshal to allow the benefit of the prison rules to those who are in custody under process issued from the courts of the united states in the same manner as it is allowed to those who are imprisoned under process issued from the courts of the ..... " this act refers to the appraisement laws of the respective states which were in force at the time of its passage, without distinguishing between those which were enacted before and those which were enacted after september ..... the officer was obliged to detain the body of allen in custody, and this duty was best performed by committing him to ..... sell it, should it be produced, in like manner as if he had retained it in his personal custody, or may recover it, should it be withheld from him. ..... was compelled to arrest the body of allen and to detain him in custody until bail should be given. ..... as the process act adopts the state laws as regulating the modes of proceeding in suits at common law, the adoption is expressly confined to those in force in september, 1789. ..... act of 1789, and the omission of the clause in the proviso which has been mentioned leaves that part of the adopted law which allows the creditor to discharge his person by the tender of property in force. .....

Ashok Kumar Uppal and ors. Vs. State of J and K and ors.

Court : Supreme Court of India

Reported in : 1998IIIAD(SC)10; AIR1998SC2812; JT1998(2)SC309; 1998(2)SCALE232; (1998)4SCC179; [1998]1SCR164

..... (2) unless otherwise expressly provided in any law for the time being in force, these rules shall apply to all non-gazetted posts under the government except such posts in the police department.'19. .....

Moni Shankar Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : 2008(2)BomCR774; [2008(118)FLR1092]; JT2008(3)SC484; (2008)4MLJ270(SC); 2008(3)SCALE455; ; 2008(3)SLJ325(SC); 2008AIRSCW2067; 2008(3)SCC484; 2008LABIC1660; 2008(3)AIRKarR153; 2008LABIC1660

..... the trap was laid by the members of the railways protection force (rpf). .....

Gajanand Agarwal Vs. State of Orissa and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3248; 2006CriLJ4618; II(2006)DMC500SC; [2007(1)JCR313(SC)]; JT2006(12)SC55; 2006(II)OLR(SC)742; 2006(9)SCALE378

..... suspicion, but some blood stained clothes were found.considering the submissions made and perusing the materials available and in the peculiar facts and circumstances of the case, i direct that the petitioner, who is in custody for ten months, be released on bail on executing a bond of rs. ..... in the peculiar facts and circumstances of the case i direct that the petitioner who is in custody be released on bail on his executing bond for rs. ..... bail was granted to him as he was the brother-in-law and has been in custody for quite some time. ..... even factually the high court is not correct in stating that the accused was in custody for ten months. ..... submitted that no reason has been indicated by the high court for granting bail except stating that 'in the peculiar facts and circumstances of the case' the bail was being grated because the accused is in custody for ten months'. ..... he is in custody for quite some time. .....