Court : Supreme Court of India
Reported in : AIR1982SC1249; 1982CriLJ1581; 1983(1)Crimes335(SC); 1982(1)SCALE545; (1982)2SCC463; [1983]1SCR8
..... the learned metropolitan magistrate refused to enteratain the complaint holding that it was not maintainable without the requisite sanction of the government under section 6 of the prevention of corruption act. against the order of the learned metropolitan magistrate, r.s. nayak presented a criminal revision application to the high court of maharashtra ..... the chief minister, the governor would, while determining whether sanction for such prosecution should be granted or not under section 6 of the prevention of corruption act, as a matter of propriety, necessarily act in his own discretion and not on the advice of the council of ministers.11. the question then is whether ..... court of the metropolitan magistrate, 28th court, esplanade, bombay charging him with the commission of offences punishable under section 161 and 185 of the indian penal code and 5 of the prevention of corruption act. the substance of the allegation was that shri antulay founded and controlled a number of trusts called by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1257; 1982CriLJ1737; 1982(1)SCALE563; (1982)2SCC469; [1983]1SCR42
..... by order dated 1.10.1981 under section 3(4) of the act. the detenu had been detained in the central jail, tihar, new delhi.3. it is alleged in the petition that the detenu is a social worker, who ..... stopped his violent, anti-social and criminal activities in spite of his prosecution in a number of cases, and that in these circumstances his detention under section 3(2) of the national security act, 1980 has been considered essential in order to stop his criminal activities.5. in the counter-affidavit it is stated at the outset that the high ..... , 146/2 than singh nagar, anand parbat, delhi, for quashing the order of detention dated 25.9.1981 issued by the commissioner of police, delhi under section 3(2) of the national security act, 1980. the detenu was detained from 26.9.1981. the order of detention is said to have been approved by the respondent, lieutenant, governor, delhi, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1315; 1982CriLJ1779; 1983(1)Crimes29(SC); 1982(1)SCALE636; (1982)2SCC521; [1983]1SCR122; 1982(14)LC683(SC)
..... draw support for his submission from the decision in naresh chandra ganguli v. state of west bengal : 1959crilj1501 . in that case sections 3 and 7 of the preventive detention act 1950 were the subject matter of consideration and this court held that the two sections read together contemplate that the copy of the order passed by the detaining authority under ..... section 3(2) of the act to be served on the detenu should contain, (1) a preamble reciting in terms one or ..... the material communicated to the detenu. he was told the name of the notorious pak agent and courier...through whom he was supplying the information about the indian army. he was informed about the places in pakistan which he was visiting. he was further told that in lieu of the supply of this information he had .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
..... was enacted to consolidate and amend the law relating to the governance of the regular army and it came into force on july 22, 1950. section 2 sets out the persons subject to the act. section 3 provides the dictionary clause. sub-section (2) of section 3 definces 'civil offence' to mean an offence which is triable by a criminal ..... alleged interpolation in the interim confidential report after the same having been initialled by the officer reported upon is the gravamen of the charge under section 45 of the army act on which the petitioner is called upon to face a trial by the general court martial convened under the impugned order dated april 11, 1981 ..... the delhi special police establishment who undertook investigation of the case and failed to comply with two pre-conditions incorporated in the proviso to section 5a of the prevention of corruption act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. the high court held that the two conditions had .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC300; 1983CriLJ445; 1983(1)Crimes11(SC); 1982(1)SCALE811; (1982)3SCC18; 1982(14)LC854(SC)
..... official capacity. on 31.10.1981 the army called him to its head quarters, imphal and as soon as he reached there he was handed over to the police station on lodging a complaint (f.i.r.) against him for offences under sections 121/121-a i.p.c. and 13 of u.a.p. act. he was produced before chief judicial ..... the morning of 21.11.198u he was served with a detention order dated 20.11.1981 issued by the district magistrate, central manipur (respondent no. 2) under section 3(2) of the national security act, 1980 and on taking him into custody he was detained in manipur central jail. the detention was effected with a view to preventing him from ..... to cause prejudice to the maintenance of public order. hence the under ' signed is compelled to order your detention under section 3(2) of the national security act, 1980. i am satisfied that with a view to prevent you from acting in any manner prejudicial to the maintenance of public order and security of the state, i have made this detention order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1040; 1986(1)SCALE322; (1986)2SCC651; [1985]Supp1SCR947; 1986(1)SLJ383(SC)
..... constitution bench of this court rejected the contention that the order of the chief af the army staff confirming the proceedings of the court-martial under section 164 of the army act and the order of the central government dismissing the appeal of the delinquent under section 165 of the army act were illegal and ultra vires as the did not give reasons in support of the ..... . disciplinary proceedings taken against the respondent, says mr. setalvad, are in the nature of quasi-judicial proceedings and when the appellant passed the impugned order against the respondent, it was acting in a quasi-judicial character. that being so, the appellant should have indicated some reasons as to why it accepted the findings of the tribunal; and since no reasons are .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC509; 1982(2)SCALE1299; (1983)1SCC345; [1983]2SCR16; 1983(1)SLJ203(SC); 1983(15)LC43(SC)
..... and a teacher. however in the matter of post-graduate teaching the delhi university also recognises and utilising the services of specialists of non-teaching hospitals like safdarjang hospital, army hospital and dr. r.m.l. hospital (willingdon).the specialist in safdarjang hospital and dr. r.m.l. hospital do not have teaching designation assigned by the ..... appeal and call the appellant for an interview for being considered appointment to that post.54. we wish to clarify that the declaration shall not adversely affect or act to the detriment of any person who was and is senior to the appellant in the central health service or had already been appointed as associate professor in ..... dr. bose while performing his duties as radiologist was not lecturing to the students as an associate professor is required to do.25. it is rather difficult to act on the letter of the dean particulary when it runs counter to his own affidavit sworn in february, 1982 the relevant extracts of which are given below:that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC130; 1983(31)BLJR122; (1983)ILLJ104SC; 1982(2)SCALE1213; (1983)1SCC305; [1983]2SCR165; 1983(1)SLJ131(SC)
..... and the comparative advantage, if they are brought within the purview of the liberalised pension scheme. the difference upto the level of assistant or even section officer is marginal keeping in view that the old pensioners are getting temporary increases. amongst the higher officers, there will be some difference because the ..... by 1972 rules irrespective of the date of retirement. omitting the unconstitutional part it is declared that all pensioners governed by the 1972 rules and army pension regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of the date of retirement. arrears ..... state to set up a sovereign socialist secular democratic republic. expression 'socialist' was intention ally introduced in the preamble by the constitution (forty-second amendment) act, 1976. in the objects and reasons for amendment amongst other things, ushering in of socio-economic revolution was promised. the clarion call may be extracted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271
..... would be entitled to complain that he is paid less than the minimum wage because the applicability of the minimum wages act, 1948 would be excluded by reason of section 3 of the exemption act and the women workers engaged in the construction work of madanganj harmara road would have to be content with whatever wage ..... that since the construction work of madangang harmara road was a famine relief work, the minimum wages act, 1948 was not applicable to employees engaged on this construction work by reason of section 3 of this act. the exemption act is a rajasthan statute enacted on 7th september 1964 and it is deemed to have come into force ..... rajasthan relating to labour and specified in the schedule'. the minimum wages act, 1948 is one of the enactments specified in the schedule to the exemption act. then section 3 of the exemption act proceeds to enact that 'notwithstanding...any such law.' section 4 of the exemption act excludes the jurisdiction of courts and provides that 'no court shall .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC383; 1983(1)SCALE152; (1983)2SCC195; [1983]2SCR418
..... state transport authority against which no appeal can be filed is subject to revision by the state transport appellate tribunal under section 64-a of the act. sub-section 1 of section 43 of the act which confers power on the state government to control transport reads thus:43. power to state government to control transport ..... ) the preference or the order of preference to be given to or the quota to be fixed for, specially deserving categories, such as ex. army personnel, educated unemployed persons, such persons holding driving licences as are members of cooperative societies formed for passenger transport business, persons belonging to the scheduled ..... educated unemployed, members belonging to the scheduled castes, the scheduled tribes and other backward classes, unemployed army drivers and cooperative societies.14. these directions were superseded by the issue of a fresh notification under section 43-a by the state government on october 12, 1977 which was superseded by a notification dated .....
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