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Union of India (Uoi) and ors. Vs. Flight Cadet Ashish Rai

Court : Supreme Court of India

Reported in : AIR2006SC1243; 2006(1)AWC958(SC); [2006(108)FLR855]; 2006(1)JKJ8[SC]; JT2006(1)SC423; 2006(1)SCALE339; (2006)2SCC364; 2006(2)SLJ186(SC)

..... there were review boards on three occasions at air force academy where the relevant factors regarding the academic performance of the respondent as well as the disciplinary cases were considered and termination of training was ..... was suspended from training on 1.2.2000 which in air force terminology is called 'struck off ration strength'. ..... the report was forwarded to the air force headquarters, he was 'routed home' and order of termination of cadetship was ..... on 2.4.2000 the duty officer of the air force academy visited the trainees' mess and found the respondent smelling of ..... option was given to join ground duty officer's course which the respondent opted to join and, in fact, in july 1999 joined as a trainee in the administrative branch which was to be held at air force academy in ground duty officer's course no. ..... 79/73 issued by the chief of the air force staff prescribes the procedure to deal with the cadets found/ ..... background in a nutshell as highlighted by the appellants is as follows:the respondent was selected as a flight cadet to undergo training to become a pilot in the indian air force (in short 'air force'). ..... quashing the orders dated 16.6.2000 and 27.6.2000, and further directing appellants to allow the respondent to complete training from the stage he had left and to act in terms of the instructions of the headquarters, indian air force as regards re-testing.2. ..... 11.3.2000 he was again involved in drunken brawl outside the academy and was arrested and sent to policy custody. .....

C.B.i., New Delhi Vs. Abhishek Verma

Court : Supreme Court of India

Reported in : AIR2009SC2399; JT2009(13)SC82; RLW2009(4)SC3328; 2009(7)SCALE643; (2009)6SCC300:2009AIRSCW3846

..... stated that kulbhushan parashar and ravi shankaran had an active role in collecting and passing on of 6867 pages of classified defence information from the computers of the naval war room of indian air force which is stated to be evident from the pen drives recovered from vijender rana and s.l. ..... six thousand pages of sensitive information were taken out from the directorate of naval operation (dno) and air force headquarters, for a purpose prejudicial to safety and interest of india. ..... seized from the residential premises of kulbhushan parashar contained official correspondence between the atlas group of companies with the armed forces and the ministry of defence relating to the supply of equipment for the indian army for which atn was one ..... per prosecution are as follows:in may, 2005 a court of inquiry conducted by the air force headquarters had established that one wing commander s.l. ..... shankaran (proclaimed offender) fall in this group.group iii it consists of the accused who were private persons and have never served indian navy or air force. ..... all these accused can be grouped in 3 categories as follows:group i it consists of the accused who were serving in indian navy and indian air force. ..... on the other hand, it was forcefully argued on the behalf of the respondent that the high court rightly granted the bail to the respondent as there was no material on record to show that the respondent was a director/principal officer ..... 2006 the cmm, delhi remanded him to police custody. .....

Ex Parte Hayes

Court : US Supreme Court

..... 487 (1971), we found that the district court did not have jurisdiction over the habeas application of an air force enlisted man because neither his commanding officer nor anyone "in his chain of command" was a resident of the district. id. ..... secretary of the air force, civil action no. ..... 306 , that the more fundamental jurisdictional requirement was not the location in the district of the person confined, but the presence of the person with custody over the habeas applicant. .....

James Vs. Arizona

Court : US Supreme Court

..... bradshaw, supra, the stringent rule that an accused who has invoked his fifth amendment right to assistance of counsel cannot be subject to official custodial interrogation unless and until the accused ( 1) "initiates" further discussions relating to the investigation, and (2) makes a knowing and intelligent waiver of the right to counsel under the standard of johnson ..... like many of the interrogation techniques deplored in miranda for their tendency to overbear the will of an accused in custody, midkiff's question presumed guilt and suggested to james that the purpose of the interrogation was simply to force him to accede to the inevitable. ..... consonant with the approach in miranda, this inquiry " vest[s the] suspect in custody with an added measure of protection against coercive police practices, without regard to objective proof of the underlying intent of the ..... at stake in this case are the limits the fifth amendment places on official custodial interrogation of an accused who has invoked the right to assistance of counsel. ..... (1980), the court held: "[t]he miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. ..... some official statements made within earshot of an accused in custody are not "interrogation" even if they prompt a response ..... projecting an air of confidence in the suspect's guilt is a recommended interrogation tactic precisely because of the enhanced coercive pressure it brings to bear on a .....

Vikram Vir Vohra Vs. Shalini Bhalla

Court : Supreme Court of India

Reported in : 2010(2)SCALE187

..... court vide its order dated 06.04.09 took notice of the fact that in the joint petition of divorce, parties voluntarily agreed that the custody of the child shall remain with the mother and father shall have only visiting rights, in the manner indicated in the mutual divorce decree ..... appellant since no decree was passed by the court while granting mutual divorce, an application under section 26 of the act does not lie and in the absence of specific provision in the decree regarding the custody and visitation rights of the child, the trial court has no jurisdiction to entertain the petition afresh after passing of the decree.9. ..... however, the high court held that after the final order is passed in original petition of divorce for the custody of the minor child, the other party cannot file any number of fresh petitions ignoring the earlier order passed by ..... aforesaid principles have been laid down in proceedings under the guardians and wards act, 1890, these principles are equally applicable in dealing with the custody of a child under section 26 of the act since in both the situations two things are common; the first, being orders relating to custody of a growing child and secondly, the paramount consideration of the welfare of the child. ..... the question as to who should be given custody of a minor child, the paramount consideration is the 'welfare of the child' and not rights of the parents under a statute for the time being in force.21. ..... hoshiam shavaksha dolikuka : air 1982 sc 1276, .....

Union of India and Others Vs. Andnd Singh Bisht

Court : Supreme Court of India

Reported in : 1996VIAD(SC)557; AIR1997SC361; (1997)1CALLT41(SC); 1996CriLJ4435; 1996(6)SCALE357; (1996)10SCC153; [1996]Supp5SCR306

..... the respondent anand singh bisht moved the habeas corpus petition before the calcutta high court inter alia contending that as he had undergone pre-trial detention by the border security force authorities for about one year he was entitled to set off his sentence of one year's rigorous imprisonment under section 428 of the crpc and he should, therefore, be forthwith released from ..... it has been indicated by this court that the army act, the navy act and the air force act constitute special laws in force conferring special jurisdiction and powers on courts martial. ..... they embody a completely self-contained comprehensive code specifying the various offices and prescribing the procedure for detention, custody, investigation and trial of the offenders, the punishment to be awarded, confirmation and revision of the sentences to be imposed, the execution of such sentences and the grant of pardons, remissions and suspensions in respect of such ..... for injuring one cadet raj kishore singh, he was tried under the border security force act, 1968 and was convicted for the offence under section 307 of the indian penal code and was sentenced to suffer one years' rigorous ..... , the high court came to the finding that the beneficial provision of section 428 of the crpc is applicable in the case of the respondent even though he was tried by a court martial under the border security force act and section 5 of the crpc has not taken away such benefit. ..... singh bisht was a naik in the border security force. .....

Salim and ors. Vs. State of Haryana

Court : Supreme Court of India

Reported in : 2008CriLJ4327; JT2008(8)SC677; 2008(11)SCALE255

..... in moments of excitement and disturbed mental equilibrium it is often difficult to expect the parties to preserve composure and use exactly only so much force in retaliation commensurate with the danger apprehended to him where assault is imminent by use of force, it would be lawful to repel the force in self-defence and the right of private-defence commences, as soon as the threat becomes so imminent. ..... in the illuminating words of russel (russel on crime, 11th edition volume i at page 49):.a man is justified in resisting by force anyone who manifestly intends and endeavours by violence or surprise to commit a known felony against either his person, habitation or property. ..... it is stated that accused-salim was in custody for more than 8 years. ..... he shall be released forthwith unless required to be in custody in any other case. ..... the trial court observed that one of the parties used force to take possession of the land in question.17. ..... in adjudging the question as to whether more force than was necessary was used in the prevailing circumstances on the spot it would be inappropriate, as held by this court, to adopt tests by detached objectivity which would be so natural in a court room, or that which would seem absolutely necessary to a ..... delhi administration air 1968 sc 702, state of gujarat v. .....

Sunderbhai Ambalal Desai and C.M. Mudaliar Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR2003SC638; 2003(1)ALD(Cri)8; (2003)2GLR1337; [2003(1)JCR153(SC)]; JT2002(10)SC80; 2003(2)KLT1089(SC); RLW2003(3)SC356; (2002)10SCC283; [2002]SUPP3SCR39; 2003(1)LC590(SC):ILR2003KAR2243

..... --when any property is produced before any criminal court during any inquiry of trial, the court may make such order as it thinks fit for the property custody of such property pending the conclusion of the inquiry or trial and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording suchevidence as it thinks necessary, order it to be sold ..... section 451 clearly empowers the court to pass appropriate orders with regard to such property, such as--(1) for the proper custody pending conclusion of the inquiry or trial;(2) to order it to be sold or otherwise disposed of, after recording such evidence as it think necessary;(3) if the property is subject to speedy and natural decay to dispose ..... of the various provisions of the code appear to be that where the property which has been the subject-matter of an offence is seized by the police, it ought not to be retained in the custody of the court or of the police for any time longer than what is absolutely necessary. ..... replacement of mudamal articles including golden ornaments by other spurious articles, misappropriation of the amount which was kept at the police station, unauthorised auction of the property which was seized and kept in the police custody pending trial and tampering with the records of police station. ..... set of circumstances, the investigating officer should keep such articles in custody for a longerperiod for the purpose of investigation and identification. .....

State of Delhi Vs. Ram Avtar @ 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. .....

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

..... the proceeding is a writ petition under article 32 for enforcing the fundamental right of the petitioners enshrined in article 21, the petitioners complain that after arrest, whilst under police custody, they were blinded by the members of the police force, acting not in their private capacity, but as police officials and their fundamental right to life guaranteed under article 21 was therefore violated and for this violation, the state is liable ..... the hearing of the writ petition contended that the inquiry upon which the court was embarking in order to find out whether or not the petitioners were blinded by the police officials whilst in police custody was irrelevant, since, in his submission, even if the petitioners were so blinded, the state was not liable to pay compensation to the petitioners first, because the state was not constitutionally or legally ..... bhagat on behalf of the state that if the court proceeds to hold an inquiry and comes to the conclusion that the petitioners were blinded by the members of the police force at the time of arrest or whilst in police custody, it would be tantamount to adjudicating upon the guilt of the police officers without their being parties (sic) the present writ petition and that would be grossly unfair and hence this ..... pushkar rai air 1952 nagpur 271 where the learned judges held that reports made by revenue officers, though not regarded as having judicial authority, where they express opinions on the private rights ..... sheopal air 1927 .....