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Narinder Mohan Pass Vs. General Manager Northern Railway

Court : Supreme Court of India

..... there is force in this contention. ..... (7) there was considerable argument on the question whether the order of the railway board contained in its-letter dated july 10, 1984, is merely an administrative instruction or whether the same has statutory force. .....

Harinder Mohan Dass Vs. General Manager, Northern Railway, Baroda Hous ...

Court : Supreme Court of India

..... there is force in this contention. ..... (16) there was considerable argument on the question whether the order of the railway board contained in its letter dated july 10, 1964, is merely an administrative instruction or whether the same has statutory force. .....

State of J and K and Another Vs. Lakhwinder Kumar and Others

Court : Supreme Court of India

..... , retirement, 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 and ..... courts;(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 oaths by such courts ..... . state of uttar pradesh, air 1964 sc 264, quoted with approval the law laid down by the privy council in the case of sibnath banerji (supra) and held that enumerated provisions do not control the ..... ..... . sibnath banerji, air 1945 pc 156, to uphold the validity of rule 26 of the defence of india rules, which though was found in excess of the express power ..... ., air 1966 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 section 15(2) specifies some .....

M. Azath S. Salley Vs. Colombo Municipal Council and Others

Court : Sri Lanka Supreme Court

..... right or language right relating to such person has been infringed or is about to be infringed by executive or administrative action, he may himself or by an attorney-at-law on his behalf, within one month thereof, in accordance with such rules of court as may be in force, apply to the supreme court by way of petition in writing addressed to such court praying for relief or redress in respect of such infringement . . . .? ..... in that matter the petitioner was complaining of the violation of her husbands fundamental rights and the alleged infringements including unlawful arrest, detention and assault, whilst he remained in police custody. .....

Mumbai Port Trust Vs. M/S. Shri Lakshmi Steels and Ors. Etc.

Court : Supreme Court of India

..... customs area - the container freight station, cwc complex, pragati maidan, new delhi, by issue of public notice or otherwise in that regard, if by such notice or otherwise directs such custodians not to collect custody charges from the consignees of such goods - "the cargo", because of detention certificates issued by him or his delegates, will not be acting within the powers conferred upon him under the act, its rules ..... (3) notwithstanding anything contained in any law for the time being in force, if any imported goods are pilfered after unloading thereof in a customs area while in the custody of a person referred to in sub-section (1), that person shall be liable to pay duty on such goods at the rate prevailing on the date of delivery of an import manifest or, as the case may be, an import report to ..... (1) save as otherwise provided in any law for the time being in force, all imported goods, unloaded in a customs area shall remain in the custody of such person as may be approved by the principal commissioner of customs or commissioner of customs until they are cleared for home consumption or are warehoused or are transhipped in accordance ..... (2) the person having custody of any imported goods in a customs area, whether under the provisions of sub-section (1) or under any law for the time being in force, - (a) shall keep a record of such goods and send a copy thereof to the proper officer; (b) shall not permit such goods to be removed from the customs area or otherwise dealt with, .....

Navaneethakrishnan Vs. The State by Inspector of Police

Court : Supreme Court of India

..... we are of the considered opinion that both the courts below have erred in 19 relying that part of the statement which can be termed as confession which were given to the police officer while they were in custody and it will be hit by section 26 of the indian evidence act,1872 and only that part of the statement which led to the discovery of various materials would be permissible. ..... provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved ..... an exception, section 27 of the evidence act provides that a confessional statement made to a police officer or while an accused is in police custody, can be proved against him, if the same leads to the discovery of an unknown fact. ..... in circumstances where it is shown that a person was indeed compelled to make statements while in custody, relying on such testimony as well as its derivative use will offend article 20(3). ..... indian law, there is no automatic presumption that the custodial statements have been extracted through compulsion. ..... it is quite possible that the content of the custodial statements could directly lead to the subsequent discovery of relevant facts rather than their discovery through independent ..... provision permits the derivative use of custodial statements in the ordinary course of .....

Navaneethakrishnan Vs. The State by Inspector of Police

Court : Supreme Court of India

..... we are of the considered opinion that both the courts below have erred in 19 relying that part of the statement which can be termed as confession which were given to the police officer while they were in custody and it will be hit by section 26 of the indian evidence act,1872 and only that part of the statement which led to the discovery of various materials would be permissible. ..... provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved ..... an exception, section 27 of the evidence act provides that a confessional statement made to a police officer or while an accused is in police custody, can be proved against him, if the same leads to the discovery of an unknown fact. ..... in circumstances where it is shown that a person was indeed compelled to make statements while in custody, relying on such testimony as well as its derivative use will offend article 20(3). ..... indian law, there is no automatic presumption that the custodial statements have been extracted through compulsion. ..... it is quite possible that the content of the custodial statements could directly lead to the subsequent discovery of relevant facts rather than their discovery through independent ..... provision permits the derivative use of custodial statements in the ordinary course of .....

Coffey Vs. United States

Court : US Supreme Court

..... . it states in a second count that the said distilled spirits were subject to a tax imposed by law which had not been paid, and were found in the possession, custody, and control of said coffey for the purpose of being removed and sold by him in fraud of the internal revenue laws, and with design of avoiding the payment of said tax ..... . that all of the said twenty-two barrels and two pieces of barrels of brandy, distilled spirits, found in his custody, control, and possession are the same found in his control and possession prior to the information filed against him at the february term, 1881, of this court, and that all the acts complained of in plaintiff's ..... . coffey, amends his answer herein to the information and amendments thereto and states that the custody, possession, and control of the articles or objects on which a tax was by law imposed, and complained of in the information of plaintiffs and found in his possession, to-wit, twenty-two barrels (22) and two pieces of barrels of brandy, distilled .....

Davis Vs. United States

Court : US Supreme Court

..... ) the language quoted by the court is taken from the first paragraph of 2255 which reads: "a prisoner in custody under sentence of a court established by act of congress claiming the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the united states, or that the court ..... footnote 3 ] title 32 cfr 1641.4 imposes a duty on every registrant to report for an armed forces physical examination at the time and place fixed in the order mailed to the registrant by the board ..... i-a or class i-a-o who is a delinquent may be selected and ordered to report for induction to fill an induction call notwithstanding the fact that he has not been found acceptable for service in the armed forces and has not been mailed a statement of acceptability. . . . ..... raise his claim that his induction into the armed forces was accelerated contrary to the principles of gutknecht v. ..... ) it is argued forcefully in a dissenting opinion today that this language, which appears in the first paragraph of 2255, is somehow qualified by the third paragraph of the statute, which provides: "if the court finds that the judgment was ..... board issued the second induction order, 32 cfr 1631.7(a) (1967) provided that registrants could be ordered to report for induction only after they "[had] been found acceptable for service in the armed forces and . . . ..... the delinquency declaration, the board sent the petitioner an order directing him to report for induction into the armed forces. .....

Balbir Singh Vs. D.N. Kadian, M.M. Delhi and anr.

Court : Supreme Court of India

Reported in : AIR1986SC345; 1986CriLJ314; 1986(1)Crimes373(SC); 1985(2)SCALE1258; (1986)1SCC410; [1985]Supp3SCR812; 1986(1)LC454(SC)

..... section (3) of the said section further provides that the state government may by notification direct that the provisions of sub-section (2) shall apply, to such class or category of members of the forces charged with the maintenance of public order as may be specified in the said order, and upon such notification being made, the provisions of sub-section (2) will apply as if for the ..... of the code could be had and the proceedings are dropped on that count, the learned magistrate is under an obligation to decide that the alleged acts attributed to the members of the police force are acts done in the discharge of their official duties, or at any rate, they purport to be, or bear the colour or semblance of, the acts that could be done in the discharge of their official ..... have already said that the alleged acts of tampering with the search memo while the same was in custody of the court cannot be deemed to be an act purported to have been done by these two ..... further provides that no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in discharge of his official duty, without obtaining the prior sanction of the ..... the sub-inspector balbir singh did not bear any signature of the witness ram shankar at the time when the said search memos were in the custody of the court. ..... to have been done in discharge of their official duties inasmuch as the said search memos were in the custody of the court. .....