Court : Kolkata
Decided on : Feb-04-2003
Reported in : (2003)2CALLT114(HC)
..... and distributes to the indentors like;list of regular indentors 1. post and telegraph 2. central government health scheme 3. border security force 4. central industrial security force 5. central reserve police force 6. s.s.b. (special security bureau) 7. s.i.b. (special intelligence bureau) 8. sister depots 9. other central government organisation. andaman and ..... writ application. 9. mr. roy, learned counsel for the state respondents contended that the petitioner applied for registration under the central sales tax act and was granted such registration which is annexure r-1 at page 10 of the affidavit-in-opposition. it was further submitted that petitioner filed ..... 2000. only demand notices have been placed before court and not the assessment orders for these respective periods. there is statutory forum provided under the act for questioning the assessments and, therefore, petitioner ought to have availed the said remedy before invoking the jurisdiction of this court under article 226, it .....
Tag this Judgment!Court : Delhi
Decided on : Feb-07-2003
Reported in : 2003IIAD(Delhi)123; 103(2003)DLT39; 2003(68)DRJ37; 2003(1)SLJ224(Delhi); 2003(6)SLR296
..... account of the aforesaid mental ailment with which he was suffering from, his application seeking to resign from service could not have been acted upon and in view of rule 25 of the border security force rules, 1969, he could not have been discharged from service without his medical examination by a medical board.2. the petitioner ..... was communicated to the petitioner vide letter of even date. thereafter, in may, 2001, the wife of the petitioner also represented to the director general, border security force for reinstatement of the petitioner or in the alternative for grant of retiral benefits to him and his family and also for her compassionate appointment in place of ..... fetched and without any sound basis. it having been a case of discharge from service on a notice for resignation from service, rule 25 of the border security force rules, 1969 has no application to the facts of the case. it was not the respondents who took initiative in discharging the petitioner from service on medical .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-2003
Reported in : AIR2003SC1599; 2003CriLJ1527; 103(2003)DLT50(SC); 2003(86)ECC33; JT2003(2)SC470; 2003(2)KLT110(SC); RLW2003(3)SC364; 2003(2)SCALE11; (2003)9SCC193; [2003]1SCR995; 2003(1)LC
..... sepoy or constable) of the departments of the central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government. section 42(1) is reproduced below for ready reference:-'42. ..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government or any such officer of the revenue, drugs control, excise, police ..... of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this act.(2) the state government may, by notification published in the official gazette .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-13-2003
Reported in : [2003]116CompCas413(Kar); (2003)4CompLJ13(Karn); [2003]43SCL186(Kar)
..... creditors by three-fourths majority present and voting and therefore the legal requirement of section 391(1) of the act has been complied with, elaborating the contention, he submitted, insofar as the secured creditors are concerned, for the purpose of three-fourths majority what is to be taken into consideration is the ..... generally the end-users of the company's products. the other factors which lead to the decline in profitability are high level of debt, excess labour force and high employee cost, high interest cost, high level of receivables, continuing large losses, continuing poor financial situation and threat of legal cases from creditors/ ..... of the company, to reduce outside liabilities on manufacturing operations, rationalise the debt burden on manufacturing units to long term sustaining level, rationalise the work force and bring the employee cost in line with the industry norms, restore bank ability of business units and achieve long term viability under given economic and .....
Tag this Judgment!Court : Kerala
Decided on : Feb-20-2003
Reported in : 2004(1)ALD(Cri)865; III(2004)BC162; 2004(1)KLT689
..... . leave having already been granted admittedly to prosecute the application for leave for filing the appeal, it is meaningless to contend that a separate permission must be secured to prosecute the appeal. if any further permission were required, the court can have no hesitation to grant such permission here and now.11. a technical objection ..... issued for the discharge of a legally enforceable debt/liability. the issue of the cheque was admitted. the contention was that the cheque was obtained by 'using force, fraud and coercion'.4. the learned magistrate accepted the contention of the accused that the house was constructed in the property of dw1 and that the liability, ..... challenge succeeds.14. coming to the question of sentence i note that the cheque in question is dated 5.3.1989. section 138 of the negotiable instruments act was brought into the statute book only in 1988. i have already adverted to the principles relating to imposition of sentence in prosecution under section 138 of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2003
Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)
..... 17 or shall affectthe jurisdiction of a criminal court to try anyoffence triable by such court as well as by asecurity force court.'11. this section authorises the border security force to arrestand initiate proceedings and punish an offender who was subject tothe act provided such person is tried for an offence under the actwithin six months after he has ceased to be subject to ..... of the same offence thediscretion to proceed or not to proceed under the bsf act lies withthe director general, or other officers specified therein withinwhose command the accused person is serving. it must be noticedherein that this section applies only to such persons who 'isserving' in the border security force and not to a person whoceases to be an officer of the bsf at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-2003
Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);
..... a component thereof the same cannot be treated to be a separate unit for the purpose of rule 45b of the rules. section 2(1)(f) of the border security force act defines commandant with reference to a unit and not commandant as a holder of post.19. rule 46 is a proviso or an exception to rule 45 b ..... in this behalf by warrant of the central government.16. the central government in exercise of its power conferred upon it under section 141 of the border security force act made rules known as the border security force rules, 1969. some of the provisions of the rules are in the following terms:14a ranks-(1) the officers and other members of the ..... invalid.15. before embarking upon the rival contentions of the parties, we may notice the following provisions of the border security force act.'2(1)(f) 'commandant', when used in any provision of this act with reference to any unit of the force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-2003
Reported in : 2003(4)ALLMR1015; 2003(6)BomCR389; 2003(3)MhLj182
..... : provided that the holder of such fragment may mortgage or transfer it to the state government or a land mortgage bank or any other co-operative society as security for any loan advanced to him by the state government or such bank or society, as the case may be. (2) notwithstanding anything contained in any law ..... having negatived the claim of the plaintiff, that he is entitled for reconveyance on the ground that nominal sale deed was executed in favour of the defendant as security for the said land it has allowed the appeal to the extent that the defendant shall hand over the possession of the suit land to the plaintiff, without ..... revenue authorities vested with the jurisdiction to administer the said act, have objected to the transaction. further if the two holdings were itself fragment and accepted by the revenue authorities, who permitted the subdivision of survey no. 65, then in all probabilities it is after coming into force of the notification of the standard area that they became .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2003
Reported in : (2004)1GLR676
..... per sub-section (2) of section 41 of the n.d.p.s. act any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government or any other departments ..... (61 of 1985) and in supersession of all previous orders or notifications issued under sec.22 of the dangerous drugs act, 1930 (ii of 1930) and in force in any part of the state, the government of gujarat hereby empowers for the purpose of the said sub-sec. (2) of the following officers of the state government, namely :- ..... (61 of 1985) and in supersession of all previous orders or notifications, issued under sec.22 of the dangerous drugs act, 1930 (ii of 1930 and in force in any part of the state, the government of gujarat hereby invests the following officers with the powers of an officer, in charge of a police station within the .....
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!