Judgment Search Results Home > Cases Phrase: border security force act 1968 section 50 combination of punishments Year: 1977 Page 1 of about 24 results (1.928 seconds)

The Superintendent and Remembrancer of Legal Affairs Vs. G. Majumdar

Court : Kolkata

Reported in : 1978CriLJ80

..... elected to start proceedings in their own forum end the learned magistrate has accepted the proposition. rule 5 says that when the competent authority under the border security force act elects that the accused should be tried by the border security force court, the magistrate shell stay proceedings and if the accused is in his power or in his control shall deliver the accused with the statement ..... of the charge-sheet and in fact processes had been issued against them. the inspector general, b. s. f. has elected to institute the proceedings in the security force court under section 80 of the border security force act, 1968. such proceedings may be started, but for that purpose the judicial records before the sub-divisional judicial magistrate, bongaon cannot be of any use and moreover .....

Satbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1977SC1294; 1977CriLJ985; (1977)2SCC263; [1977]3SCR195

..... been made by the accused shiv narain and harbhaian singh before r. k. kapur (pw 41), the commandant of the border security force. the sessions judge has considered that evidence as inadmissible under section 24 of the evidence act.24. the high court, differing from the opinion of the sessions judge, held the extra-judicial confession as admissible in ..... .' mr. kapur further admitted in his cross-examination that he 'did tell mr. handa on telephone on 10-7-1970 that he should give a warning to border security force people to come out with truth otherwise they themselves would be responsible for their actions'. mr. kapur also himself 'enquired from m.p. singh and shiv narain ..... residents of village burj, police station gharinda and party from near crystal chowk, amritsar and that they had been shown killed in an encounter in connivance with border security force and pak rangers.this report of d.s.p. surjit singh has discounted the encounter story as a fib but yet it continued to be the defence .....

Ramappa Bhimappa Kulgod and ors. Vs. the Union of India, New Delhi and ...

Court : Karnataka

Reported in : AIR1977Kant100; ILR1977KAR485; 1977(1)KarLJ187

..... impugned notification must be struck down as it does not specify the period during which the prohibition on printing of sarees; with headings and borders is to remain in force.'with great respect, we are unable to agree with the above view. when it is accepted that the needs of the general public go ..... cotton textile (control) order was promulgated in the first place and continued under the essential commodities act, 1955 and the object for which the power was conferred on the textile commissioner to issue directions under clause 20 was to secure cotton textile at fair price for the general public, i. e. consumer. therefore, it ..... or increasing supplies. of any essential commodity or for securing their equitable distribution and availability at fair prices, may, by notified order, provide for regulating or prohibiting the production, supply and distribution thereof, and trade and commerce therein. the essential commodities, which were covered by the act, were defined by s. 2 (a) as meaning .....

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

..... to move any court with respect to orders of detention which have already been made or which may hereafter be made under section 30(c) of the maintenance of internal security act, 1971 as amended by ordinance 11 of . 1974 for the enforcement of the rights conferred by article 14, article 21 and clauses (4), (5), (6) and ..... unacceptable because that would also be enforcing fundamental rights through the aid and process of court which is not permissible so long as the aforesaid proclamation is in force.36. we are, therefore, clearly of opinion that the aforesaid writ petitions were not maintainable and the high courts of bombay and karnataka were clearly in ..... of seven judges inter alia pointed out that there is a distinction between articles 358 and 359(1) of the constitution. whereas article 358 by its own force suspends the fundamental rights guaranteed by article 19 article 359(1) of the constitution has the effect of suspending the enforcement of specified fundamental rights so that these .....

The State of Karnataka and anr. Vs. Shri Ranganatha Reddy and anr.

Court : Supreme Court of India

Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641

..... in paragraph 92 at page 1527 has come to the conclusion '...the scheme for payment for the property acquired under the act is wholly illusory and therefore the act violates the fundamental rights of the petitioners secured under article 31(2).'15. the history in relation to the provision of payment of compensation or the amount in article ..... added).hegde j. discussed the question from lexicographic, political and social angles and held:the market value of a property is the result of an interaction of various forces. it may not have, any reasonable relationship with the investment made by its successive owners. the price of the property acquired might have shot up because of ..... 'to prepare schemes for the acquisition of and to acquire, either by agreement or compulsorily in accordance with the law of acquisition for the time being in force the state concerned and with such procedure as may be prescribed, whether absolutely or for any .period, the whole or any part of any undertaking of any .....

L.D. Khanna and ors. Vs. Chohan Huhtamaki (India) Pvt. Ltd.

Court : Himachal Pradesh

Reported in : 1977CriLJ1530

..... ultimately be passed. he directed notice to issue to the defendants to show cause why the interim injunction be not confirmed and why they should not furnish security. it appears that in purported compliance with his order warrants of attachment of property belonging to the defendants were issued and attachment was effected. subsequently, on ..... speaks of the high court exercising 'its jurisdiction to punish for contempt'. the jurisdiction to punish for contempt is specifically referred to in section 12 of the act, which lays down the limits within which such jurisdiction will be exercised. section 12 declares that a contempt of court may be punished with simple imprisonment for ..... of the contempt proceeding.5. it would be appropriate to examine what was the state of the law immediately preceding the enactment of the contempt of courts act, 1971. it is well settled that when fresh legislation is enacted in supersession of earlier legislation on a subject, in order to discover the true import .....

The Chief Controlling Revenue Authority, Board of Revenue, Madras Vs. ...

Court : Chennai

Reported in : AIR1978Mad242; (1978)1MLJ327

..... india which supplied the releasor with the necessary consideration from the subscriptions secured by the quondam society for the purpose of buying the properties in issue from time to time. two properties are the subject-matter of the instrument, one ..... be then formed which in turn should hold the church for whose benefit persons like mr. daniel and brother bakht singh opted together as an inchoate congregation to secure such properties. the recitals as such in the instrument make it clear that it was the releasee, namely, the society of trustees of indigenous churches in ..... of trustees, which at that time was not registered and which was not formed as a society registered under the societies registration act or under any other law for the time being in force were entrusted to certain individuals who included one daniel who is the executant of the instrument in question. under this instrument, daniel .....

Gurbaksh Singh Sibia Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1978CriLJ20

..... of the probe. he was kept under detention for more than three weeks and ultimately indicted in court in august, 1976. nearer home across the western border a former head of the state is facing trial whilst under detention for a crime allegedly committed in 1974 when he was in power.58. the real ..... can be admissible only when made in the custody of a police officer. counsel, therefore, contended forcefully that the grant of anticipatory bail at the very threshold of the investigation would irreparably deny the investigating agency the right of securing admissible and sometimes conclusive evidence.45. we find apparent merit in the contention aforesaid. the law in ..... investigation being incomplete it would neither be feasible nor possible to anticipate the material that might be eventually collected. the court will not be justified in acting on the hypothesis that no further or more serious material incriminating the accused will be unearthed.'57. again one cannot lose sight of the fact that in .....

Trainor Vs. Hernandez

Court : US Supreme Court

..... the federal-state judicial balance that had theretofore existed, and of "offering a uniquely federal remedy against incursions under the claimed authority of state law upon rights secured by the constitution and the laws of the nation." mitchum v. foster, 407 u. s. 225 , 407 u. s. 239 (1972). state courts ..... proceeding, leads us to the conclusion that the interests of comity and federalism on which younger and samuels v. mackell primarily rest apply in full force here. the pendency of the state court action called for restraint by the federal court and for the dismissal of appellees' complaint unless extraordinary ..... law to be applied in the criminal proceeding is 'flagrantly and patently violative of express constitutional prohibitions.' " (emphasis supplied.) [ footnote 2/5 ] clearly the illinois attachment act is "patently and flagrantly violative of express constitutional prohibitions" under the relevant decisions of this court. north georgia finishing, inc. v. di-chem, inc., 419 u. s .....

P.M. Sethu Madhavan Nair Vs. Commissioner for Government Examinations ...

Court : Kerala

Reported in : (1979)ILLJ111Ker

..... penalty of cancelling the authorisation issued to a distributor under the provisions of the kerala rationing order, 1966, sometime thereafter another punishment, namely, forfeiture of the security and certain other amounts was sought to be imposed on the said authorized distributor. it appears to me that the principle is not dependent upon whether the ..... not adequate and that the manager did not, despite the request in that behalf, impose a more deterrent punishment. it appears to me that there is force in the submissions made on behalf of the petitioner. as is evident from the sequence of events narrated above and the contentions advanced on behalf of the ..... case of dereliction of duties and disobedience of departmental orders calling for disciplinary proceedings against him. it further states that under section 12a of the kerala education act, 1958 the action against the petitioner has to be initiated by the manager. in ext. p4 proceedings reference is made to the manager's letter dated .....