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M. Bhuvaneswari Vs. Chief Officer - W.A. Air Force 9, Provost and Secu ...

Court : Chennai

Reported in : 2000(3)CTC302

..... from all these affidavits and the materials, one thing is certain that sergeant murali krishnan who had escaped from the custody of the indian air force is not presently in the custody of the indian air force nor is the indian air force responsible for his disappearance and it appears that for whatever reasons which may be known to murali krishnan alone the said sergeant murali krishnan has made himself scarce. ..... in answer to that it seems that some efforts were made by the air force as they themselves wanted the custody of the said sergeant murali krishnan and ultimately today an affidavit has been filed on record by group capt. v.k. ..... once it is established that the indian air force is not responsible for his disappearance nor is the said detenu in their custody illegally or otherwise the purpose of the petition fails and this petition itself becomes infructuous. ..... number of affidavits were filed in response to this habeas corpus petition, wherein the air force took a stand that rigorous effort was being made to trace out the said murali krishnan, who had escaped from the custody of the air force. ..... ultimately even the affidavits of the persons from whose custody the said murali krishnan had escaped came to be filed, they being one labh singh, junior warrant officer, air force station, tambaram. ..... the wife did not keep quiet and her uncle conveyed the information about the missing husband to the air force authorities who took the said husband in their custody in madras. .....

R. Suresh Babu Versus Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... during 1996, the petitioner was illegally put under close arrest for about 12 days for no fault of him with malafide intention of the then co mtti, air force station, avadi, which is violation of section 47 and section 50 of the air force act 1950, which made the petitioner to file w.p.no.12217 of 1996 challenging the entries of severe reprimand entered in his service register on 24.02.1996, 24.03.1996, 24.05.1996, 15.06.1996,, because, as per rule 15, such severe reprimand shall be ..... notice was ordered as early as on 30.08.1996, the respondents proceeded with the issue of show cause notice dated 13.09.1996, calling on the petitioner to explain why he should not be given discharge from service under section 15(2)(g)(ii) of air force rules 1969, which provides for discharge for an alleged act of indiscipline and for award of severe reprimand. ..... 7(a)the learned senior central government standing counsel mr.k.ravindranath appearing for the respondents during his submissions has brought to the notice of this tribunal the promotion policy of the air headquarters dated 20th october 1998 vide air hq/c 40651/3/pa(cpc) and would submit that the punishment entries five in number to the credit of the petitioner in the service register will be given negative marks at the time of his consideration for ..... since the petitioner was already declared as an absentee, he was placed in custody at guard room where he surrendered and intimated to all concerned authorities vide 23 ed/pm/27 dated 31st july .....

Public Prosecutor Vs. Annadham Annamalai and ors.

Court : Chennai

Reported in : AIR1954Mad321

..... but if the person rescuing another who is arrested under an illegal warrant uses more force than is necessary and causes unnecessary hurt to the public servant who has custody of that person, he will be punishable under section 353, i.p.c; --'mousi lal ..... the evidence requisite to prove the offence under section 225 is (i) that the person in question was detained in custody; (ii) that such detention was in respect of an offence; (iii) that such detention was lawful; (iv) that the accused rescued or attempted to rescue such person; and (v) that he did ..... kandhala', 7 all 67 (c), in which it was held that a person escaping from custody when being taken before a magistrate for the purpose of being bound over to be of good behaviour not being punishable under section 224 or 225 could not be punished, and for cases which section 651 ..... po han', air 1914 low bur 145 (p) and -- 'in re arunagirinatha', air 1939 mad 21 ..... vasudeva was reasonably suspected of having committed an offence, section 23 of police act v of 1861 could not be invoked and which invocation was both belated and an afterthought and not permissible as pointed out in 'in re appaswamy mudali' air 1924 mad 555 (a).7. ..... : air1934mad206 'in re bhullikhan air 1938 nag. ..... court has laid down in --'air 1924 mad. ..... khanu kori', air 1925 sind 193 (s) -- 'jograj mahto ..... (l), --'shridhar, air 1945 rang. ..... emperor', air 1939 oudh 81 ..... emperor', air 1918 ..... emperor', air 1932 ..... emperor', air 1929 rang ..... emperor', air 1922 lah 73 (d); -- 'geevarghese khathanar .....

The Indian Hume Pipe Company Limited, Through its Power Agent, Ajay As ...

Court : Chennai Madurai

..... the plaintiff is required to produce their entire accounts, inspection reports, periodical measurement data recorded by the plaintiff's representatives and engineers and work done reports in their custody. ..... , reported in air 1996 supreme court 1373, for the proposition that if there is no consensus on the material terms of the contract, it cannot be said that the same is concluded contract. .....

Saradha V. Ram (Deceased) and Others Vs. R. Ramabai and Others

Court : Chennai

..... according to the learned counsel, the source of funds, intention, custody of the documents, possession of the property after the purchase of the property, the relationship between the parties and the conduct of the parties in dealing with the property after the sale are the determinomg ..... therefore, the second ingredient namely, custody of the document is also not proved. 33. ..... taking advantage of the trust the plaintiff had on the 1st defendant, she removed the sale deed and other documents from the custody of the plaintiff. 7. ..... the 1st defendant having assured the plaintiff that she would execute the necessary documents in favour of the plaintiff has sought for inspection of the original documents which were under the custody of the plaintiff. ..... one damodarasamy who was a tenant under the plaintiff had committed default in payment of rent and the plaintiff was thus forced to seek his eviction. ..... the custody of the documents has been only with the ramabai. .....

J. Meena Vs. T. Manikandan

Court : Chennai

..... as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are (a) in the case of a boy or an unmarried girl the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father; (c) in the case ..... a husband, who neglects, dodges and evades his own parental duties and responsibilities may easily give up custodial rights to his child so as be free from the obligations of parenthood as has been done demonstrably irresponsibly by the father of the child in ..... when this matter was taken up by this court, on 01.07.2015, this court has directed the custody of the child to be with the respondent (father) from wednesdays to saturdays and with the appellant (wife) from sundays ..... elaborately dealt with the law on the subject and after having made a thorough survey of several other judgments of the honble supreme court, in paragraph no.52, has held as follows:- 52........a court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. ..... rajaram, air 2003 mad 315, where-under it has been held that custody cases cannot be decided on documents, oral evidence or precedents without reference to 'human ..... course, we find force in the said argument ..... hmg act came into force in 1956, i.e .....

R. Thiruselvam and Others Vs. The Deputy Superintendent of Police, Nat ...

Court : Chennai

..... arrest, while he was lodged at central prison, madurai and on 09.04.2013, he was produced under prisoners transfer (pt) warrant, before the special court for national investigation agency (nia) cases, puducherry and remanded to judicial custody in rc.no.01/2014/nia/hyd, under section 307 ipc, sections 3 and 4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967. 3(ii). he would further state ..... magistrate as well as the jail authorities with reference to the proceedings between 4.8.2006 and 12.9.2007, by taking note of the fact that a remand order is in force as on today and in the light of the other surrounding circumstances as pointed out earlier, we may hasten to hold that the detenu is in valid remand ..... . the principle laid down in kanu sanyal (air 1973 sc 2684), thus, is that any infirmity in the detention of the petitioner at the initial stage cannot invalidate the subsequent detention and the same has ..... court of india in the decision reported in air 1953 supreme court 277: 1953 cri. ..... learned counsel appearing for the petitioners, has drawn the attention of this court to the constitution bench decision of the hon'ble supreme court reported in air 1953 supreme court 277 : 1953 cri.l.j ..... . home secretary, state of bihar reported air 1979 sc 1360 has declared that the state is under a constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of poverty and whatever .....

M.R. Elavarasan Vs. The Commissioner of Police Chennai and Others

Court : Chennai

..... he would further state that one mr.shanmuganathan, ex-minister from srivaigundam constituency, had escaped from the illegal custody and given a statement to the media that he had come out of the illegal custody of the respondents with great difficulty and that all the 130 members of the legislative assembly were detained against their will and their family members are not even allowed to see them and ..... the detenu himself has stated that he is not in illegal custody of anybody and he has been staying at golden bay resort, on his own volition, without any threat or coercion. ..... it is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner (or) a detenu be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether .....

S. Kannan Vs. State Rep. By, Respondent The Inspector Police, Chennima ...

Court : Chennai

..... (8)not withstanding anything contained in the code, no person accused of an offence punishable under this act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless- (a) the public prosecutor has been given an opportunity to oppose the application for such release, and (b) where the public prosecutor opposes the application, the court is ..... in hitendra vishnu thakur v state of maharashtra, (1994) 4jt (sc) 225: (1994) 4 scc 602: (1994) air scw 3699) the conclusion was summarised, as under:- in conclusion, we may (even at the cost of repetition) say that an accused person seeking bail under section 20(4) has to make an application to the court for grant of bail on ..... being when a person has been arrested by police, his (police) custody begins, without delay he has to be produced before a judicial authority. ..... qualifies sub-section (8) to the extent that the two conditions contained in clauses (a) and (b) are in addition to the limitations prescribed under the code of criminal procedure or nay other law for the time being in force relating to the grant of bail. ..... limitations on granting of bail specified in sub-section (8) are in addition to the limitations under the code or any other law for the time being in force on granting of bail. ..... made explicit by section 20 (9) which enacts that the limitations on granting of bail specified in section 20 (8) are in addition to the limitations under the code or any other law for the time being in force. .....

Venkatesan and Others Vs. State represented by Inspector of Police, Cr ...

Court : Chennai

..... the appellants would submit that since, on the first occasion, when p.w.2 was produced before p.w.42 - on 14.06.1991, he told the magistrate that, he was kept in illegal custody from the police station from 27.05.1991 onwards and since, he declined to give any judicial confession on 14.06.1991, he cannot be believed. ..... for the appellants would submit that according to the evidence of d.w.1, a.8 was arrested by the police from his house long before and they kept a.8 in illegal custody and then, produced him before the learned judicial magistrate for judicial remand. ..... same, he took the police and witnesses to his house and produced m.o.32 series - veecharuval three in numbers; m.o.33 - aruval of medium size, m.o.34 - air gun; m.o.35 - polyester shirt, m.o.36 towel; m.o.37 - polythene bag; m.o.38 - bullets four in numbers; m.o.39 e.i.d. ..... spoken about the air gun from his ..... in bhuboni sabu v emperor (air 1949 pc 257), the privy council analyzed these two provisions and explored the ..... has stated that he conducted examination on the air gun recovered from a.8. ..... state of maharashtra (air 1969 sc 832), the hon'ble supreme court has held as follows:- every detail of the story of the accomplice need not be confirmed by independent evidence although some additional independent evidence must ..... state of punjab (air 1975 sc 856), the hon'ble supreme court has held as follows:- every approver comes to give evidence in some such manner seeking to purchase his immunity and that is why to start with he .....