Court : Chennai Madurai
..... -591 and seeking a direction to the respondents to take the petitioner into the strength of bsf as constable with all monetary benefits. 2. the petitioner joined border security force as constable on 08.12.2002 and was given training at rajasthan and posted at west bengal. he was sanctioned earned leave for 60 days from 04.01 ..... is also incorrect and unsustainable. furthermore, the writ petitioner failed to respond to all the communication sent by the respondents and finally filing of appeal provided under bsf act. having failed to avail the opportunities, now the petitioner cannot complain of any illegality. 11. in the result, the writ petition is dismissed. there is no ..... the impugned order. 6. the respondents had contended that the petitioner was given ample opportunity to report back to duty and as per section 62 of the bsf act and rules, court of enquiry was conducted and letter of apprehension was also given. subsequently, a show cause notice, dated 20.05.2006, was sent to the .....
Tag this Judgment!Court : Chennai
..... nagamuthu, j. 1. in all these habeas corpus petitions, the preventive detention orders passed under sub-section (3) of section 3 of the national security act, 1980 [central act 65 of 1980], by the 3rd respondent are under challenge. 2.0 the circumstances under which these detention orders came to be issued by the 3rd ..... already pointed out, cpi (maoist) is a banned organisation which, according to the respondents, was involved in terrorist activities in the tri-junction areas namely bordering districts of tamil nadu, keral and karnataka. the detenu(e)s, as active members of the said organisation, were involved in underground activities for preparing people ..... about the involvement of these detenu(e)s in the activities of banned organisation, more particularly, the attack made on various establishments including the special police force of kerala state police. thus, specific grounds with all details have been furnished upon which only the detention orders have been passed. therefore, the .....
Tag this Judgment!Court : Chennai Madurai
..... case is a classic example as to how certain bad elements with criminal background working in the tamil nadu police force are foisting cases against innocent people by invoking the provisions of narcotic drugs and psychotropic substances act for blackmailing and to extract money and the plight of the common man who is made to suffer on account ..... alleging that they were involved in transporting 24 kilograms of cannabis. the petitioner and others were produced before the jurisdictional magistrate and they were remanded. the petitioner secured bail from the high court on 26.09.2006. 4. the petitioner filed crl.o.p.7150 of 2007 before this court to transfer the investigation to the ..... refused to give bribe, as according to them, they have not committed any offence. the fifth respondent, who is stated to be a history sheeter in police force and had a criminal record of foisting cases against innocent, registered a false case against the petitioner and two others in crime no.10 of 206 under section .....
Tag this Judgment!Court : Chennai
..... admissible. but it should not be stage managed, it must be voluntary. it should not be secured. if it is obtained in police custody or under duress, it will lack its credence. it cannot be relied on. 43. in this case, pw-28, the investigating ..... reveal the same to anyone till 10.11.2008. in the circumstances, the last seen theory introduced in this case is not established. 42. certain section 27 evidence act recoveries have been pressed into service in this case. confession made to police is inadmissible. however, so much of information leading to the discovery of a fact is ..... by the prosecution. 29. now in the instant case, prosecution mainly relies on the following circumstances:- (i) motive; (ii) last seen theory; (iii) section 27 evidence act recoveries. 30. now let us proceed to see whether the circumstances are proved and whether they form a complete chain without any missing link that the accused is the author .....
Tag this Judgment!Court : Chennai
..... even after filing of the charge sheet.41. as stated above, the case involves offences under various acts including customs act and many cases have already been registered by the central agencies in various places. moreover the security of the nation is involved.42. therefore, the writ petition is allowed with the following directions : ..... shape, method danger would appear and destroy. therefore, we should not give any room or avenue or loophole for dangerous things to happen. unless our borders/entry points are made fool proof by installation of advanced mechanism, there is no respect for the patriotism exhibited by our brothers, viz., army men, ..... has been clandestine smuggling of prohibited chinese crackers. it only proves the slackness in the verification at the entry level, viz., ports or airports or border checkposts. as the prohibited crackers are able to creep inside india unauthorizedly, there is every likelihood of even dangerous explosive materials to come inside endangering lives .....
Tag this Judgment!Court : Chennai
..... one raising her index finger three times and the same has been interpreted that two assailants committed wrong act one each. the very important question which was put to the prosecutrix was that can she recognize those persons, if they are present or criminal appeal no. ..... which interpreter stated that four persons are present in the court while one is not present. 27.another question was put to the witness how many times wrong act was committed with you and individual by each assailants. the interpreter made inquiry sign to which the prosecutrix gesture by raising three fingers firs.then two fingers and ..... to lean to draw the advers.inference that if he was examined he would have given a contrary version. the illustration (g) in section 114 of the evidence act is only a permissible inference and not a necessary inference. unless there are other circumstances also to facilitate the drawing of an advers.inference, it should not be .....
Tag this Judgment!Court : Chennai
..... . in its answer to the claim, the creditor stated that it was wrong to state that the sale was a fraud. sale of shares was under the securities contract and regulations act and was a market sale and not an off-marked sale. the prices were not and could not be fixed between the buyer and the seller. the sales ..... cannot be said to be against public policy or contrary to the law, which may call for interference by this court. xxvi) this court also does not find any force in the contention of the learned senior counsel for the petitioners, that the hon'ble arbitrator committed error in holding transaction to be composite transaction. it may be noticed, ..... context, he could explain his statement that the sales on 19.12.2008 were done in a pre-planned manner. he deposed that in normal market environment, the market forces decide the price, so predicting, the price will remain difficult. the quantum of shares that were unloaded was abnormal and beyond the average volume of business done in bse .....
Tag this Judgment!Court : Chennai
..... counsel for the applicant vehemently contends, that in view of the averments made in para-8 of the affidavit, the applicant is entitled to direction for furnishing of security or in alternative to attach the movable properties.3. para-8 of the affidavit reads as under: "8. the applicant states that the respondent is enjoying the benefit ..... co-terminus with the mining leases and the respondent firm could not terminate the agreement so long as the mining leases in its favour continued to be in force. nor do we think it proper to decide the sustainability of the argument on behalf of the respondent firm that it was mainly an agency agreement for a ..... counsel for the applicant, that it is unsecured loan, cannot be the ground to order furnishing of security or for attachment of property, as the unsecured loan cannot be converted to secured loan by invoking section 9 of the arbitration and conciliation act.6. the power under section 9 is also regulated by the settled principles of law, applicable .....
Tag this Judgment!Court : Chennai
..... interlocutory order, that a revision can be filed only against the final order and hence this revision is not maintainable.4. section 107 cr.p.c. deals with security for keeping the peace in other cases. when an executive magistrate receives information that any person is likely to commit a breach of the peace or disturb the public ..... an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required." 5. as per section111 cr.p.c., it is necessary to require any person to show ..... the superintendent of police and deputy superintendent of police alleging commission of several offences under the indian penal code and also under section 147-g of the bombay police act. the metropolitan magistrate took cognisance of the offence and issued process to the accused, who on appearance filed a petition for discharge on the ground that no sanction .....
Tag this Judgment!Court : Chennai
..... . the learned counsel appearing for the contesting defendants submitted that the suit property is separate property of the first defendant and he had given the same as security for obtaining loan from the second defendant bank for fifth defendant company and since the above said loan was not discharged, the second defendant initiated the recovery ..... since this defendant is entitled to 1/4th share in the joint family properties. it is further stated that the suit property was given as a collateral security for the loan obtained from lakshmi vilas bank for the purpose of hosur automotives private limited in which the suit property was given in a family settlement ..... defendant to recovery the tax arrears due to the government under the provisions of revenue recovery act. 9. the fifth defendant has filed separate written statement in which, it is stated that the suit property was given as a collateral security for the loan obtained from the lakshmi vilas bank limited for the purpose of hosur .....
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