Court : Supreme Court of India
Reported in : AIR1983SC610; 1983(1)Crimes1165(SC); 1983(1)SCALE399; (1983)3SCC429; [1983]2SCR791
..... , it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision.18. we are of the definite ..... are integrally connected with his status of being a public servant and must, therefore, be taken to be covered by the two phrases occurring in sub-section (1) of section 197 of the code.5. we are of the view that the submission advanced on behalf of the appellant is totally without any basis and has to ..... bench. connected with the rehabilitation programme in burma after the japanes invasion during the second world war, certain works were undertaken - some to be executed by the army and others were entrusted to contractors. the appellant was one of such contractors and claimed payment for work done and on his request payments were made through cheques .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC684; 1983(1)SCALE789; (1983)3SCC118; [1983]2SCR808
..... are dead and he seems to have traced the source of his information to deceased persons in order to make his evidence admissible under sub-section (5) of section 32 of the evidence act. the witness goes on to state that jadunandan singh was his grand uncle and one of the descendants of bikram sah. in order ..... mentioned earlier, the judgments filed as exhibits in the instant case, are judgments in personam and therefore, they do not fulfil the conditions mentioned in section 41 of the evidence act.126. it is now settled law that judgments not inter parties are inadmissible in evidence barring exceptional cases which we shall point out hereafter. in ..... evidence whatever be its legal value.38. in p.c. purushothama reddiar v. s. perumal : [1972]2scr646 this court while considering the effect of section 35 of the evidence act observed as follows:it was lastly contended that the evidence afforded by the police reports is not relevant. this again is untenable contention. reports in question were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC748; 1983CriLJ973; 1983(1)SCALE773
..... the ground that he had not participated in the occurrence and not used the arms, his convictions under section 308 i.p.c. and section 25 of the arms act have also to be set aside. so far as the other appellants are concerned there is sufficient evidence ..... feroze-pore in which the four appellants bishan singh, teja singh, jullundur singh and gurdial singh were found guilty of offences punishable under section 302/34, i.p.c. and each of them was sentenced to death. on appeal, in criminal appeal no. 197-db ..... tried to get over this question by observing.it seems that the commission of murders being pre-meditated, teja singh, the ex-army man left empty handed so tha. by some tactical manoeuvre he would disarm malkiat singh. luckily for him the gun was seen ..... he tried to solve it by the following observations:it was added by the counsel that since teja singh accused is an ex-army official and, therefore, was presumed to be an expert shot, he would not have gone empty-handed but would have carried a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60
..... be fortiori be valid. now sro 329 is issued by the central government under sub-sections (1) and (4) of section 4 of the army act 1950 which provide inter alia as under:section 4(1) the central government ..... of section 21, sub-section (4) of section 102 and section 191 of the army act 1950 made applicable to the members of, gref, sro 330 applying certain provisions of the army rules, 1954 to the members of gref in exercise of the powers conferred under section 21, sub-section (4) of section 102 and section 191 of the army act 1950 would ..... restricted the fundamental rights of the members of gref. the respondents submitted that in the circumstances the petitioners were rightly charged under section 63 of the army act 1950 and their convictions by the court-martial and subsequent dismissals were valid. the respondents thus sought to sustain the validity of the action .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1122; 1983LabIC1310; 1983(2)SCALE80; (1984)1SCC153; 1983(2)SLJ132(SC)
..... to be the case of the petitioner also. in paragraph 25 of the writ petition, the petitioner has stated :it is submitted that under the act or rules or army instructions there is no provision for down grading the promotionary selection grade or reverting an officer on medical grounds. except that reversion may only occur in ..... pune on sick transfer for examination by consultant (psychiatry). the reason suggested for the fresh medical examination was that at the time when the petitioner was upgraded to section 1 category, an earlier episode of 1963 had not been taken into account. after medical examination, the petitioner was, this time permanently downgraded to s-2. according ..... infantry division till november 16, 1976. by an order dated november 16, 1976, the petitioner who was described in the order as acting lieutenant colonel was posted as 'gdo (maj/capt) 152, gl sec type c vice capt. i.k. bedi'. apparently the post to which the petitioner was transferred by the order dated november 16, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1201; 1983(31)BLJR677; 1983(2)SCALE173; (1983)4SCC461; 1984(16)LC192(SC)
..... : (1) that the order for payment of alimony lapsed with the death of the husband; and (2) that a separate suit for this claim was not maintainable in view of section 47 of the cpc.2. the trial court took the view that there was no substance in the plea of bar of a separate suit. but as the order for ..... that the plaintiff would get permanent alimony and maintenance of rs. 350/- p.m. from the date of the decree till her death or her re-marriage or any other act which would disentitle her from getting the amount. maintenance was paid up to october 1972 by the husband who was a pilot in the indian airlines. he died on december .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1462; 1983LabIC1483; (1983)IILLJ429SC; 1983(2)SCALE199; (1983)4SCC214; [1983]3SCR799; 1983(2)SLJ570(SC)
..... or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -(i) who is subject to the army act, 1950, or the air force act, 1950 or the navy (discipline) act, 1934; or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is ..... court. s.k. verma has come before us under article 136 of the constitution.4. 'workman' was originally defined by section 2(s) of the industrial disputes act 1947 as meaningany person employed (including an apprentice) in any industry to do any skilled manual or clerical work for hire or reward and includes, ..... the industrial tribunal upheld the preliminary objection and ruled that development officers in the life insurance corporation of india are not workmen within the meaning of section 2(s) of the industrial dispute, act. the reference was therefore held to be incompetent. a writ petition filed by s.k. verma was dismissed in limine by the delhi high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1130; 1983CriLJ1649; 1983(2)Crimes760(SC); 1983(2)SCALE280; (1983)4SCC301; [1983]3SCR939
..... two connected petitions seek to challenge the orders of detention dated 2nd december, 1982 passed by the district magistrate, dhanbad in exercise of powers conferred by sub-section (2) of section 3 of the national security act, 1980 (no. 65 of 1980) read with notification no. 3183/c dated 15th of october, 1982 of the government of bihar.2. alijan mian, the ..... alarm in the area and adversely affected public order. this refers to nirsa p. s. case no. 208 dated 8.11.82 under section 307/34 i.p.c. and section 27 arms act. thus the subject acted in a manner prejudicial to the maintenance of public order. the subject is in jail and is likely to be released on bail. as ..... to kill him because he did not participate in the strike in the colliery. in the first information report regarding the other incident under sections 307/34 ipc and sections 3/5 of the explosive. substances act it was alleged that on the night of 15/16th october 1982 around 2 a.m. the petitioners were beating the brother of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC356; (1984)ILLJ35SC; 1983(2)SCALE736; (1983)4SCC470; [1984]1SCR251; 1984(1)SLJ198(SC); 1984(16)LC8(SC)
..... quantum of disadvantage to which the employees in question are subjected by the absence of a pension scheme compared with the section of clerical employees of the company's marketing division at bombay who have the benefit of a pension scheme in addition to ..... still capable of turning out some years of good work on the other hand, can the nation afford to have an army of unemployed, youngmen, necessarily leading bitter and frustrated lives can the nation afford to allow them to fritter away their energies ..... and uniform and that in the matter of retirement the company had uniformly fixed the age of retirement at 55 since 1950 and this arrangement should not be disturbed because it would inevitably upset the age of retirement in all other branches. it ..... four years and thereafter until it is terminated in accordance with the provisions of s.l9(2) of the industrial disputes act, 1947. the period of four years fixed in that settlement expired on 31.10.1977 and the first union terminated that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC200; (1983)3CompLJ306(SC); 1983(2)SCALE531; (1984)1SCC107; [1984]1SCR464; 1984(16)LC118(SC)
..... of road development must receive in larger public interest preference for a permit compared to a private operator whose profits would go to augment his private income. section 30 of the road transport corporation act, 1950 makes statutory provision for disposal of net profits of a state transport undertaking. in a slightly different context, this court in lachman das v. state of punjab ..... -state route' means any route lying contiguously in two or more states.',5. a bare reading of the provision contained in sub-section (1-h) shows that where a corporation set up under the road transport corporations act, 1950 is one of the applicants for a stage carriage permit on an inter-state route, then as between other applicants and a state transport .....
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