Judgment Search Results Home > Cases Phrase: border security force act 1968 section 28 irregularity in connection with arrest or confinement Year: 1972 Page 1 of about 1 results (0.062 seconds)

Samaresh Chandra Bose and ors. Vs. the District Magistrate, Burdwan an ...

Court : Supreme Court of India

Reported in : AIR1972SC2481; 1973CriLJ464; (1972)2SCC476; [1973]1SCR859

..... made by the district magistrate, durgapur in exercise of the power conferred on him by section 3(1) and (2) of the maintenance of internal security act, 26 of 1971 (hereinafter called the act) and arrested on october28, 1971.3. on behalf of the petitioner shri somnath chatterjee, his learned advocate, submitted as the first ground of attack against ..... to have been under considerable stress and strain on account of the vexed problem posed by the indiscriminate influx of refugees with unknown antecedents from across our eastern borders. we are, therefore, wholly unable to agree with shri chatterjee that there is no relevant material for holding that the working of the special section of the ..... no one would have been so reckless as to dare to indulge in such a violent activity, when armed forces must be deemed to be present in the state in large numbers for fighting war on the eastern border. this contention is difficult to accept. the fact of the occurrence having taken place must be accepted as .....

Durga Pada Ghosh Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1972SC2420; (1972)2SCC656

..... considered as expeditiously as possible. as the question of delay in considering the representation falls for determination on the facts and circumstances of each case the binding force of a past precedent for a later case would largely depend on the degree of close similarity of the circumstances dealt with therein. our attention has been ..... returned, but not the delay between may 27, 1971 and june 7, 1971 during which government could have arrived at its decision. that argument has not much force, because in a given case government may not be able to reach a proper conclusion within a short time, especially, in a case where another authority, in ..... we are not unmindful of the fact that the act was brought on the statute book in july, 1971 because, as the objects and reasons show, in the prevailing situation in the country and the developments across the border need for effective preventive action in the interest of national security was considered to be urgent because of such a .....

Laird Vs. Tatum

Court : US Supreme Court

..... the purpose of this section." "this section shall not be construed as conferring on the personnel of the departments of the army, navy, or air force or the federal security agency any authority to make criminal investigations, searches, seizures, or arrests of civilians charged with violations of this section." 10 u.s.c. 141 ( ..... executive branch power of investigation and surveillance on the basis of people's beliefs and attitudes may be more of a threat to our internal security than any enemies beyond our borders." privacy and government investigations, 1971 u.ill.l.f. 137, 153. ii the claim that respondents have no standing to challenge the ..... in keyishian v. board of regents had been discharged from employment by the state, and the others were threatened with such discharge, because of their political acts or associations. the court concluded that the state's "complicated and intricate scheme" of laws and regulations relating to teacher loyalty could not withstand constitutional scrutiny; .....

Babul Mitra Vs. State of West Bengal and ors.

Court : Supreme Court of India

Reported in : AIR1973SC197; 1974CriLJ395; (1973)1SCC393

..... detained in jail by an order of the district magistrate, jalpaiguri, dated october 5, 1971. the order was made under section 3(2) of the maintenance of internal security act, 1971. the district magistrate reported to the state government about his detention on october 6, 1971. the grounds of detention were served on him on the same date. ..... its receipt this court held that the delay of 21 days could not be held to be inordinate. the court said:it cannot be gainsaid that being the border state the state government was faced during the period of war at least with an extraordinary situation when it had to focus all its attention to problems arising ..... below, taken separately and collectively.1. on 16-4-1971 at about 11.00 hours you along with shri barun chowdhury of debinagar, police station moynaguri and others forced into moynaguri higher secondary school, moynaguri, prevented the school staff from giving you any resistance with threat of violence and set fire to the school building. as a .....

Official Liquidator Vs. N. Chandranarayanan

Court : Chennai

Reported in : [1973]43CompCas244(Mad)

..... has preferred this appeal.5. section 529 of the companies act, amongst other things, provides that in the winding-up of an insolvent company, the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors as are in force for the time being under the law of insolvency with respect ..... to the assets of persons adjudged insolvent. (section 529, sub-section (1), clause (c)). it is not in dispute that while exercising jurisdiction under section 529 of the companies act, the company court would ..... fact that the ordinary and normal relation between a customer and a banker is that of creditor and debtor. that principle, in our judgment, applies with greater force to security deposits in cash made by an employee or by a selling agent of a company. the money would be regarded as trust money in the hands of .....

First Nat'l City Bank Vs. Banco Nacional de Cuba

Court : US Supreme Court

..... this country." id. at 376 u. s. 431 . "when one considers the variety of means possessed by this country to make secure foreign investment, the persuasive or coercive effect of judicial invalidation of acts of expropriation dwindles in comparison." id. at 376 u. s. 435 . [ footnote 4/10 ] only in view of all these ..... takings, cuban law no. 851, pursuant to which petitioner's properties were nationalized, itself declares in art. 6 that "[t]he resolutions . . . in the forced expropriation proceedings instituted hereunder may not be appealed, as no remedial action shall be available there against." moreover, the promise of compensation provided under law no. 851 may, ..... from its jurisdiction." "without doubt, the sovereign of the place is capable of destroying this implication. he may claim and exercise jurisdiction either by employing force or by subjecting such vessels to the ordinary tribunals. but until such power be exerted in a manner not to be misunderstood, the sovereign cannot be .....

Lothamasu Sambasiva Rao Vs. Thadwarthi Balakotiah

Court : Andhra Pradesh

Reported in : AIR1973AP342

..... contract have been reduced to the form of a promissory note, for the promissory note is only treated as conditional payment or executed by way of collateral security and hence section 91 of the evidence act does not come in the way and it is always open to the promise to sue upon the original cause of action, namely, the advancing of ..... did not contain all the terms. the passing of the consideration under the note cannot be proved otherwise and no claim can be based on it. therefore there is no force in the contention that if all the terms are not contained in the document the party can sue on the original consideration.102. it is only in cases where there ..... no circumvention of the provisions of section 91 of the evidence art or of sec. 35 of the stamp act. as the action is based upon the advantage received by the defendant and not on the promissory note. though there is considerable force in the contention that the present case is similar to the case considered by the supreme court, i am .....

Abnash Kaur Vs. Lord Krishna Sugar Mills and ors.

Court : Delhi

Reported in : [1974]44CompCas390(Delhi); ILR1972Delhi413

..... son at a fair price to be fixed by the court. in view of the extreme stringency in the money market and the practical impossibility of raising loans on the security of shares of the company, which are not quoted on the stock exchange, it was not possible, said the learned counsel even to accept the surrender of the ..... cross-examined, had observed that ajit singh was a earlier. exhibit pi has, thus, rightly been held to be a proposal by ajit singh made in april, 1959 to secure the investment of rs. 10.00 lakhs in his business from the respondents. negotiations were apparently in progress between the parties. the other proposal proved to have been made then ..... to share the profits of the business, nor is the business carried on by all or any of them acting for all, nor have they come together on the basis of any mutual trust or confidence. the members have become members by force of circumstances, by accepting the shares, whether as gifts or on partition, or by inheritance, on terms and .....

State of Haryana Vs. Raja Ram

Court : Supreme Court of India

Reported in : AIR1973SC819; 1973CriLJ651; (1973)1SCC544; [1973]2SCR728

..... held to have either taken or seduced the girl.the learned single judge also excluded the offence of abduction by observing that raja ram had neither compelled the prosecutrix by force nor had he adopted any deceitful means to entice her to go from her house to that of jai narain.8. the approach and reasoning of the learned single ..... custody of such child, unless such act is committed for an immoral or unlawful purpose.the object of this section seems as much to protect the minor children from being seduced for improper purposes as to ..... lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person.exception.- this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful .....

Commissioner Vs. First Security Bank of Utah

Court : US Supreme Court

..... the premium income. no one else was. certainly american national was not. certainly security life was not. smith was out of the picture. and if it can be said that ..... the commissioner is authorized to reallocate under 482. but holding company had no such power unless it acted in violation of federal banking laws. the "complete power" referred to in the regulations hardly includes the power to force a subsidiary to violate the law. apart from the inequity of attributing to the banks taxable income ..... tax act of 1959, 73 stat. 112. these statutes served to accord preferential tax treatment -- as compared to ordinary corporations -- to life insurance companies. see united states v. atlas life ins. co., 381 u. s. 233 (1965). this happily coincided, of course, with security life's development. 6. only the banks were the responsible force behind .....