Court : Allahabad
Decided on : Sep-24-2003
Reported in : (2004)1UPLBEC196
..... heard sri arvind srivastava for petitioner and sri deepak verma, additional standing counsel for union of india, respondents 1 to 4.2. petitioner was enrolled as constable in border security force on 5.3.2002. he completed his training in the month of december, 2002 and was posted as constable in 14th battalion in punjab. on 28.6.2002, ..... by respondent no. 4, petitioner's services have been terminated. the order states that petitioner was tried by summary security force court on 17.1.2003 for an offence committed by him under section 23 of the bsf act for 'making at the time of enrolment a wilfully false answer to a question set forth in the prescribed ..... no. 4 vide letter dated 27.3.2002 directed answering respondent to verify the character and antecedents of sri raj kumar, the petitioner and submit report to him. acting upon the said letter of the then district magistrate, the then senior superintendent of police, gorakhpur got the character and antecedents of raj kumar son of ram laut .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-24-2003
Reported in : 2003(4)AWC3429
..... petitioner will be given pensionary benefits. in this condition petitioner submitted his resignation on 21.8.1996, on the same day he met the acting commandant, 38 battalion border security force. the resignation was accepted on 9.9.1996 with direction that petitioner shall be allowed to draw pension and petitioner's pensionary benefits as are ..... amount received at the time of discharge from the service.4. in the counter-affidavit of sri p. k. misra, deputy inspector general, sector headquarters, border security force, nagaland and manipur, it is stated that present writ petition is not maintainable due to lack of territorial jurisdiction as no cause of action of this petition ..... has arisen within jurisdiction of this hon'ble court. petitioner was discharged from his service after he resigned from border security force while he was posted outside of the state of u. p. it is further submitted petitioner has not challenged his discharge order which was passed .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-07-2003
Reported in : III(2003)ACC364
..... brought on record, had come to the conclusion that at the time of death the age of the deceased was about 52-53 years. he was a retired constable in border security force. his income was held to be rs. 2,500/- per month excluding 1/3rd amount of the sum, which the deceased might have been spending upon himself, the annual ..... the owner had satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149(2)(a)(ii) of the motor vehicles act. further it was indicated that the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake, the insurance company would continue ..... alj 247 the status of the insurer in law so far as the statutory liability sought to be fastened upon him under the act is concerned, cannot be more than that of a guarantor and he acts as a security for the third party with respect to its realizing damages for the injuries suffered but a right to get any amount paid in .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-25-2003
Reported in : (2004)1UPLBEC266
..... singh v. union of india and ors., 1996 lab.i.c. 677, the punjab and haryana high court has, while dealing with similar provisions under the border security force rules, held that the rule requires necessity of providing reasonable opportunity to the accused for which the assistance of even a legal practitioner can be taken. in ..... invoking jurisdiction under article 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the act prescribing the procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice ..... which vitiates the entire proceedings or that the authority exercising the jurisdiction had not been vested with jurisdiction under the act. the said power of judicial review cannot be a power of an appellate authority permitting the high court to re-appreciate the evidence and in coming .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2003
Reported in : 2003CriLJ4090
..... activities prejudicial to the maintenance of public order. therefore, the detaining authority was satisfied that detention of the petitioner under section 3(2) of the national security act was essential.3. the detention order dated 18-7-2002 was approved by the state government on 23-7-2002. the advisory board also approved the ..... . it is further mentioned that the incident was between the two communities and there was possibility of communal tension, which was prevented by deployment of police force and pac on large scale. thus, the incident in question even a solitary, was sufficient to give rise to communal tension and there was apprehension of ..... related to two different communities the people of both community organized and possibility of flaring up communal tension increased. situation was however controlled by deploying police force and pac on large scale. during investigation it was found that the petitioner and his associates were anti-social elements and they were indulging in the .....
Tag this Judgment!Court : Allahabad
Decided on : May-23-2003
Reported in : 2003(4)AWC2647
..... the case, in my opinion, it would meet the ends of justice that the amount already paid to the workman shall suffice the relief. it is made clear that security furnished for withdrawal of wages withdrawn in pursuance of the order of this court, shall stand discharged.16. in view of the discussions above, writ petition succeeds and ..... was complied with as is evident from a perusal of the counter-affidavit sworn by iftikhar ahmad ansari and the money has been withdrawn by the workman after furnishing security. it is apparent from the record that reply to the writ petition in the form of a counter-affidavit was filed after ten years of the institution of ..... any suit or other proceeding in respect of any such dispute.'the relevant portion of section 64 of the m. p. act reads as :'notwithstanding anything contained in any other law for the time being in force any dispute touching the constitution, management or business of a society or the liquidation of a society shall be referred to the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-11-2003
Reported in : 2003CriLJ3462
..... was sufficient to record satisfaction by the detaining authority that it was essential to detain the petitioner under national security act with a view of preventing him from acting in any manner prejudicial to the security of the state. we find no force in the above contention.9. the next contention of the learned counsel for the petitioner was that at ..... organizations which had committed mass murders in various states of india. a sense of terror, panic and insecurity was also created in the people of indo nepal border due to mao terrorists activities and supply of arms to the above organizations by the petitioner and his associates.4. the petitioner was detained in connection with case ..... 15-11-2001 at about 2.45 p.m. at village parsa, p.s. parsa malik, district maharajganj, at a distance of one kilometer from indo nepal border, the police of p.s. parsa malik recovered 1100 cartridges of 303 and 450 factory made cartridges of 12 bore from the possession of pramod yadav, an associate .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-22-2003
Reported in : AIR2003All337; III(2003)BC388; (2003)2UPLBEC1366
..... withdrawal of the application for withdrawing the appeal is not maintainable.6. mr. s.n. verma, learned senior counsel appearing for the bank submitted that fraud vitiates all acts and that the bank having been induced by fraud played by the firm, respondent in these appeals to move the application for withdrawal the order dismissing the appeal as ..... we are not dealing with a common law case of contract; we are called on to exercise our equitable jurisdiction and apply the equitable principles which have by force of regulation 4 of 1927 been made part of the law of this country. the ruling case on the point is the duchess of kingston's case, ..... of some other person for the purpose of actually and knowingly defrauding him;' patch v. ward cited in mahomed golab v. mahomed sulliman.'fraud as defined in the contract act means actual fraud. but in equity the courts havealso developed the doctrine of 'constructive fraud.' the following extract from snell'sprinciples of equity, chapter 6, part ii, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : AIR2004All178
..... and(iii) before any other authority or person whom such advocate is by or under any law for the time being in force entitled to practise.'31. xxxx xxxxxxx32. power of court to permit appearances in particular cases.-- notwithstanding anything contained in this chapter, ..... court, or tribunal or before any person other authorities mentioned in section 30 of the act.(ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter, he shall not continue thereafter unless an advocate in ..... him in any particular case,33. advocates alone entitled to practice.--except as otherwise provided in this act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court ..... or before any authority or person unless he is enrolled as an advocate under this act.34. power of high courts to .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-28-2003
Reported in : 2003CriLJ4094
..... ) record a finding to that effect;(b) make a complaint thereof in writing;(c) send it to a magistrate of the first class having jurisdiction;(d) take sufficient security for the appearance of the accused before such magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do, send the accused ..... is itself evidence of the fact that such an opinion had been formed and in proper cases a presumption may even be raised under section 114 of the indian evidence act.' no doubt, the aforesaid passage supports the contention of the learned public prosecutor. it is pertinent to notice two sentences prior to the aforesaid passage, which reads thus; ..... 195(1)(b) or (c) has been committed, himself prefers the complaint and forwards the same to the magistrate, no presumption under section 114 of the evidence act to the effect that he had formed an honest opinion, even though no such finding has been recorded that it is expedient in the interests of justice to enquire .....
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