Judgment Search Results Home > Cases Phrase: assam forest protection force act 1986 Page 3 of about 93,989 results (0.380 seconds)

Regina Vs. Ashworth Hospital Authority (Now Mersey Care National Healt ...

Court : House of Lords

..... rights in h l v united kingdom (2004) app no 45508/99 (the complaint to strasbourg which followed on from your lordships' decision in r v bournewood community and mental health nhs trust ex p l [1999] ac 458) to hold that the absence of procedural safeguards to protect informal mental patients against the arbitrary deprivation of liberty on grounds of necessity violates article 5(1): the court was struck by the lack of any fixed procedural rules governing the admission and detention of compliant incapacitated persons ..... of practice (a) for the guidance of registered medical practitioners, managers and staff of hospitals and mental nursing homes and approved social workers in relation to the admission of patients to hospitals and mental nursing homes under this act and to guardianship and after-care under supervision under this act; and (b) for the guidance of registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder. ..... but it argues that the code of practice would not have the force of law if it was open to ashworth to depart from it in formulating its own policy. ..... the directive did not have the force of the law, nor did its contents constitute legally enforceable rules governing the operation of the security service. ..... unless it is to the code that one can look for regulation carrying the force of law it is not in my opinion to be found elsewhere. .....

The Kerala Aided L.P. and U.P. School, Managers Association, Represent ...

Court : Kerala

..... right of the government to direct the aided school managements to appoint such teachers who are so protected, by inclusion in the package, to even schools in which the protected teacher has no lien, has already been upheld by a division bench of this court in ..... /2013 sought to implement the provisions of the rte act, insofar as stipulating staff fixation to be done notionally on the principles of the rte act, confined insofar as granting protection to all teachers already in the rolls till the ..... be that as it may, the constitutional mandate being on the state to compulsorily provide for free education as per the norms and standards prescribed under the rte act, even in such situation the government would have to provide for the required number of teachers per class in compliance of the ptr as stipulated in the schedule and not based on ..... the present government order speaks of five categories of teaching and non-teaching staff who are protected, which are the following: (1) those who are continuing in regular service with approval ..... . the provisions of the ker with respect to 1:45 ratio would be rendered, void on the rte act coming into force and the stipulation would be as per the schedule of the said central legislation, wherein different ptr is provided for class i to v and class vi to viii, which has to be taken for individual class/ ..... apply from 2015-16, since it also delineates a procedure, which time was already over for 2014-15, by the time the amendment came into force .....

Geeta Govind Sawant Desai and ors. Vs. Nandkumar Anandrao Patkar (Dr.)

Court : Mumbai

Reported in : 1988(1)BomCR338

..... am stating is that i am prepared to assume that the tenant may be entitled to avail of the protection of this amending act even during the tendency of the appeal in the supreme court if this amending act comes into force during the tendency of that appeal and if the tenant is prepared to deposit the monies with the leave of the court with a view to avail of that protection. ..... 18 of 87, which was published in the maharashtra gazette on 27th july, 1987, has in substance, done away with section 12(3)(a) of the said rent act and the provision that now stands is that irrespective of the extent of arrears the court is bound to grant relief to the tenant against eviction, provided he had not availed of such relief on two ..... hatangadi, the learned counsel for the applicants, to show to the court one single provision in the act amending the bombay rent act which gives even the remotest right to the judgment debtor, against whom the decree has been passed long ago and was not in possession of the premises to ..... 1986 stating that no one, other than themselves, was in possession of the suit premises on the date of the declaration which was filed on or after 5th december, 1986 pursuant to the order of justice jahagirdar dated 5th december, 1986 ..... 6685 of 1986) for a declaration that they were the sub-tenants of their uncle raghunathrao, present ..... was dismissed on 26th september, 1986. ..... obstruction proceedings which continued, the court ordered the obstruction to be removed, by its order dated 21-2- 1986. .....

V.L. Rohlua Vs. Deputy Commissioner, Aijal, District Mizo

Court : Supreme Court of India

Reported in : (1970)2SCC908; [1971]2SCR503

..... in that affidavit he has alleged that he was handed over to the civil authorities by the armed forces after 2 months from his arrest, his confessional statement was obtained at gun-point, that no order was served on him under the assam maintenance of public order act, 1953, that he was tortured, that the detention order was vague and that as the remand order expired on july 18, 1970 his further detention became ..... that was roughly two months after his arrest by the armed forces under section 5 of the armed forces (assam & manipur) special powers act, he had to be made over to the officer-in-charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning ..... in a supplementary affidavit the additional deputy commissioner has explained that the petitioner was held for some time by the armed forces for interrogation at the security force head quarters because of his connection with activities against the security of the state and his close association with the outlawed mizo national front army and with pakistan, that before ..... arrested by the armed forces under section 4(c) of the armed forces (assam & manipur) special powers act, 1958. ..... him the petitioner was arrested without warrant by the armed forces as is authorised under section 4(c) of the armed forces (assam & manipur) special powers act. ..... cover a wide range of offences under the assam maintenance of public order act, the arms act, several sections of the indian penal code, .....

Asst. Security Officer, Railway Protection Force, Southern Railway, Ol ...

Court : Kerala

Reported in : (1978)ILLJ117Ker

..... a further motion before the 3rd appellant, the chief security officer, railway protection force, southern railway, madras beach which had also been rejected by that officer. ..... the description of these authorities that they were not functioning inside the kerala state nor were there any allegations that the employees dismissed were functioning within the kerala state or that any act had been done inside the kerala state which provided in whole or in part the cause of action which could support the petitions under article 226 of the constitution, the only submission made by ..... a writ can similarly be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the procedure adopted in dealing with the dispute is opposed to principles of ..... this, we are constrained to say, with great respect, is acting beyond the jurisdiction vested in us under article 226 of the constitution.the charge that had been levelled against the respondents reads as follows ..... if the first appellant had done any act inside the kerala state affecting persons functioning inside the state this court would ..... there was no such act and his action had not affected any one functioning ..... , no doubt that the jurisdiction to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. .....

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

..... offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950, (45 of 1950) as the case may be; or(b) if sentence is found to be excessive, illegal or unjust, the tribunal may--(i) remit the whole or ..... any part of the sentence, with or without conditions;(ii) mitigate the punishment awarded;(iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950, (46 of 1950) the navy act, 1957 (62 of 1957) and the air force act, 1950, (45 of 1950) as the case may be;(c) enhance the sentence awarded by a court martial:provided that no such sentence shall be enhanced unless the ..... not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45of 1950) as the case may be, or rules and regulations made there under, in relation to the said charge or charges on which he is to be retried.17 ..... lci have suggested the setting up of 'gram nyayalayas' (lci, 114th report (1986)), industrial/labour tribunals (lci, 122nd report (1987)) and education tribunals (lci, ..... are to be treated as public servants; section 38 provides protection of action taken in good faith .....

Louisville Water Co. Vs. Kentucky

Court : US Supreme Court

..... touching that question, the court of appeals of kentucky said in the former case: "the fact that the furnishing of the water may incidentally protect from fire the public buildings of the state will not support the exemption. ..... it was thus adjudged that the statute of 1886 did not affect the company's exemption from taxation so long as the act of 1882 was in operation; in other words, the exemption, by force of the act of 1882, continued until the statute of 1886 took effect, but no longer. ..... and the legislature certainly did not assume to impose upon it the obligation to furnish water for fire protection free of charge, except in connection with the grant to it of immunity from taxation. ..... this was not a valid consideration, and we have already seen that mere incidental protection of the public buildings does page 170 u. s. ..... 130 remained under the obligation imposed by the first section of the act of 1882 to furnish water to the city for fire protection free of charge. ..... but the question remained whether the withdrawal of the exemption could take effect while the company was under an obligation imposed upon it by the act of 1882 to furnish water to the public fire cisterns and public fire plugs or hydrants of the city of louisville for fire protection "free of charge. .....

Jeypore Timber and Veneer Mills (P.) Ltd. Vs. Commissioner of Income-t ...

Court : Guwahati

..... the instant case as well, the tribunal has remanded the case on the same ground, namely, violation of the provisions of section 142(3) of the act, following the set principles in assam forest products (p. ..... counsel raised the following contentions : (1) there was no material or evidence before the ito to call upon the assessee to explain the nature and source of the entries under section 68 of the act, therefore, the tribunal had no option but to allow the appeal of the assessee holding it to be a ' no evidence case ' ; (2) the tribunal went wrong in assuming that the statements of shri bidyananda surekha were material and admissible ..... apart, the learned tribunal relied on the set principles on the basis of which it had remanded a similar case, namely, assam forest products (p. ..... there had been a violation of the provisions of section 142(3), the tribunal was justified in setting aside the order of the aac relating to the cash credit and remanding the matter for further enquiry : vide assam forest products (p. ..... tribunal held that under similar contingency it had directed the aac to make a fresh enquiry in assam forest products (p. ..... itself produced c-2 and c-3 and d to establish the existence of the statements of shri bidyananda surekha and claimed that it was deprived of the opportunity, made loud protests as to the violation of natural justice and the statutory protections under section 142(3) of the act. ..... we find no force in this contention. ..... such the first contention has no force. 12. .....

R.S. Seth Shanti Sarup Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1955SC624

..... part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order, such functions of control as may be provided by the order, and so long as am order made under this sub-section is in force with respect to any undertaking or part thereof(a) the authorised controller shall exercise his functions in accordance with any instructions given to him by the central government, so, however, that he shall not have any power to give ..... petition that they were not asserting any rights of their own under the industrial disputes act as soon as the central government took over the undertaking under the provisions of the essential supplies act.but even assuming that the deprivation took place earlier and at a time when the constitution had not come into force, the order effecting the deprivation which continued from day to day must be held to have ..... come into conflict with the fundamental rights of the petitioner as soon as the constitution came into force and become void on and from that date ..... government was passed in july 1949 and no fresh act of dispossession has taken place since the constitution came into force.we do not think that there is any substance in this contention .....

Sadhu Roy Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : 1975CriLJ784; (1975)1SCC660; [1975]3SCR291

..... if the district magistrate had sworn an affidavit that the identity of the petitioner, as participant in the crime, was not known to the railway protection force and that other villagers made them out as the gang was decamping with the booty, something may be said for the plea. ..... when a person is arrested for an offence punishable under that act, officers of the railway protection force have the power to investigate into the alleged offence and the statements recorded by them during the course of investigation do not attract the provisions of section 162, criminal procedure code. ..... after all, merely to allege that witnesses were panicked away from testifying to truth cannot be swallowed gullibly when the witnesses themselves arc members of a railway protection force and the offences against public property arc of a grave, character. ..... another obstacle in the way of the state, which has to be surmounted, consists in the circumstances that both the criminal occurrences took place in the presence of public servants, members of the para-police forces attached to the railway administration, indeed, the case is that some of these officials were terrorized and over-awed before the stolen articles were removed. ..... (as he thn was) spoke for a unanimous court :further the proceedings in the matter of detention and the order of detention should show that it had acted with all due care and caution and with the sense of responsibility necessary when a citizen is deprived his liberty without trial. .....