Court : Punjab and Haryana
Decided on : Jan-31-1975
Reported in : 1975CriLJ1974
..... october 31, 1974, when the incriminating writing on the container of an empty packet of cigarettes was recovered from his possession. the assistant commandant of the border security force who arrested asgar near pul kanjari sent a raqa for the registration of the case at police station, gharinda. the registration of the first information report, ..... in this court in criminal writ petition no. 216 of 1974. in the meantime, the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter called the act), was passed by the parliament of india. the earlier order of detention of the petitioner lapsed on december 19, 1974. thereafter, the petitioner ..... him in exercise of the powers vested in him under the maintenance of internal security act, 1971, as amended by the maintenance of internal security (amendment) ordinance, 1974, and clause (c) of sub-section (6) of section 6 of the defence of india act, 1971. the grounds of detention were served upon him on november 3, .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-16-1975
Reported in : 1976CriLJ821; 1975()WLN585
..... the relevant time.having accomplished his object, hussain khan ran away from the place with the gun. pw/8 baldeosingh, then, left for bandli post of border security force and informed haw-aldar shailabsingh of the occurrence. hawal-dar shailabsingh reduced to writing the information given by baldeosingh who also put his signatures below it. ..... . but, in our opinion, it was not obligatory on the part of the prosecution to produce them. bhawanishanker and shailabsingh were both employees of the border security force and according to the powers conferred upon the b.s.f.. they were not competent to investigate the present case, nor the reports made by baldeosingh ..... has been observed that omissions of important facts in f. i. r. affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in our opinion, these observations do not apply to the information given by baldeosingh to hawaldar shailabsingh or subtviar .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-04-1975
Reported in : AIR1975SC972; (1975)1SCC544; [1975]3SCR425; 1975(7)LC169(SC)
..... adviser to the lt. governor. before that handoo was additional inspector general of police, maharashtra and commandant of the border security force of goa, daman and diu. he had also been dealing with foreign intelligence and security of goa in the ministry of external affairs. according to handoo, declaration ex. p3 was signed by the respondent ..... that the above letter taken along with the preceding correspondence should be construed as a certificate issued by the central government under section 13 of the citizenship act. we find no cogent ground to take a different view. by the above letter the government of india plainly reiterated and reaffirmed its view conveyed ..... the liberation and merger of that territory with the union of india, the government of india in exercise of the powers conferred by section 7 of the citizenship act, 1955 issued on march 28, 1962 goa, daman and diu (citizenship) order, 1962 (hereinafter referred to as citizenship order) conferring the citizenship of india on .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-1975
Reported in : 1975CriLJ968; 1975()WLN1
..... p.w. 2 then came back to their village and narrated the stqry to'p. w. 5 hukamsihgh. the latter proceeded to the border security force post at khaliwala to report the matter. the eorder security force authorities at khaliawala, in, their turn, informed the deputy commandant, b. s. f, headquarters, raisinghnagar. who delivered telephonic message to p ..... of them to suffer imprisonment for life, jaggasingh succumbed to the injuries on the spot. the appellants were further convicted under section 27 of the arms act and each one of them was sentenced to undergo rigorous imprisonment for 3 years. the appellants have come-up in appeal against their convictions and sentences ..... fathers, narsingh and gurbux-singh respectively were tried for offences under sections 302 and 307, indian penal code as also under section 27 of the arms act. the learned sessions judge, sri ganganagar acquitted narsingh and gurbux singh and convicted the appellants for ant offence under section 307, indian penal code for .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-1975
Reported in : AIR1975Raj232; 1975()WLN172
..... sustained as many as six injuries including the fracture of his patella bone. joharilal was immediately removed to the mahatma gandhi hospital, jodhpur, in a jeep of the border security force, where he remained under treatment for two months. joharilal claimed before the motor accidents claims tribunal, jodhpur (herein-after referred to as 'the tribunal') spe-cial damages ..... ltd. v. veluswami, air 1962 sc 1, has also laid down similar proposition, though under different context, for the assessment of damages under the motor vehicles act. 14. in the instant case it is deposed by joharilal that he has suffered a permanent disability due to the fracture of his right patella bone, because he ..... the judgment of the motor accidents claims tribunal, jodhpur, dated january 28, 1970, whereby the claim of the appellant johrilal under section 110-a of the motor vehicles act, 1939, for a sum of rs. 15,000/-. was dismissed by the said tribunal. 2. facts giving rise to this litigation, in a nut-shell, are .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-15-1975
Reported in : 1976CriLJ28
..... from such statement it also appears as if after bringing these 25 lumps of silver from bangladesh the detenu went to the house of one karim biswas when the border security force took hold of the detenu and those 25 lumps of silver. whereas in the grounds it is stated that on 11th of august, 1974 fifteen lumps were found ..... the grounds. these alleged admissions relate to smuggling of goods and not engagement in transportation of the same. extraneous evidence is not admissible to prove compliance of the act when the order or the ground of detention on its face does not show that. in this connection reference may be made to the observations made to that effect ..... acquisition of the silver lumps as aforesaid.from the foregoing it is evident that you have been engaging in transporting smuggled goods and unless prevented you arc likely to act in similar manner in future.2. mr. bagchi, learned advocate appearing in support of the rule submitted that there is non-application of mind on the part of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-1975
Reported in : (1976)IILLJ163SC
..... no ground for refusing him such declaration that before his purported termination of service, he was in employment only for a short period. that would be denying him security of tenure which the law seeks to give him in clear and unambiguous terms. but in the present case, the circumstance which weighs most with me in refusing ..... body. in this connection, this court observed as follows : on the other hand, we are of opinion that the provisions of clause 8 of the ordinance relating to security of the tenure of teachers are part and parcel of the teachers' service conditions and, as we have already pointed out, the provisions of the 'college code' in ..... here the managing committee is not. it is obvious that the governing body was created under a statutory provision because the ordinance had undoubtedly a statutory force having been passed under the act. para 2(1)(c) of the college code runs thus : 2. (1) in this ordinance, unless there is anything repugnant in the subject or context :- (c) .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-25-1975
Reported in : 1975CriLJ1426
..... one nain mal paniani shah of bombay another notorious smuggler who, according to the newspaper report, is also under detention under the maintenance of internal security act. the smuggling activities of the petitioner were so deeply rooted that the seizure made in the year 1969 as also the existence of the preventive ..... from 19-12-1974. it was only when this act came into force that the state government acquired jurisdiction to make detention orders under section 3 thereof. prior to that date, the authority which was making detention orders under the maintenance of internal security act was the district magistrate. accordingly till that stage all ..... conservation of foreign exchange and prevention of smuggling activities act, 1974 had come into force and the ordinance no. ii of 1974 stood repealed, with the result, that the existing detention order passed against the petitioner, under section 3 (1) (c) of the maintenance of internal security act, had lapsed. in these circumstances, the full .....
Tag this Judgment!Court : Chennai
Decided on : Jul-28-1975
Reported in : [1975]101ITR373(Mad)
..... is neither consistent nor convincing.20. it is not clear also as to how the delivery of the keys by the petitioner to the respondents is likely to act as a kind of security against the theft or damage to the goods or articles in which the department was interested. there is no magic in the possession of keys which would ward ..... that the contents of the room were under the personal custody of the commissioner of income-tax 'pursuant to the prohibitory orders under section 132(3) of the income-tax act in force from 23rd june, 1971'. a statement was recorded from the petitioner on the same date in which the petitioner assured that the contents of the safe and the steel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-1975
Reported in : AIR1975SC2260; (1975)2SCC791; [1976]1SCR379
..... factories which have been commissioned but projects which are embryonic and designed to go into production immediately formal legal personality is acquired and statutory approval under the act secured? in the present case there is already a sugar unit which is working and this mill is being transferred as the asset of the new company. ..... company is contemplated, the owning of 100% shares thereof not being in law an acquisition of the undertaking as such by the appellant. i concede there is force in this argument. 19. the crucial submissions of counsel for the appellant, however, stand exposed to the criticism made by shri sanghi for the respondent that they ..... purpose to the central government. section 23 provides:23. merger, amalgamation and take over.-(1) notwithstanding anything contained in any other law for the time being in force.-(a) no scheme of merger or amalgamation of an undertaking to which this part applied with any other undertaking. (b) no scheme of merger or amalgamation of .....
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