Court : Supreme Court of India
Decided on : Apr-13-2023
..... on the basis of the inquiry report, the appellant was issued charge sheet dated 04.07.1995 under sections 40 & 46 of the border security force act, 1968 (hereinafter referred to as the bsf act ). however, the charges, as laid aforesaid, were dropped. 38. thereafter, the appellant superannuated on 31.08.1995 after rendering service in the ..... b. s. hari commandant appellant(s) versus union of india & ors. respondent(s) r1: union of india, ministry of home affairs r2: director general, border security force r3: shri t correya judgment ahsanuddin amanullah,j.heard learned counsel for the parties.2. the present criminal appeal is directed against the final judgment and order dated 19 ..... the indian army on 09.02.1964. he was absorbed as an assistant commandant in the border security force (hereinafter referred to as the force ) on 04.06.1969. thereafter, he was promoted to the post of commandant in the force as well as granted selection grade in the rank of commandant. he was also awarded various .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-2023
..... of an offence under section 40 civil appeal nos. 8629-8630 of 2014 page 2 of 31 of the border security force act, 1968 (in short, bsf act, 1968 ), that is for committing an act prejudicial to the good order and discipline of the force (bsf), and record of evidence was prepared. on completion of the record of evidence, the commandant remanded the ..... recording of evidence; and (b) that the evidence recorded did not inculpate him. with regard to the first ground, it was pointed out that rule 60 of the border security force rules, 1969 (in short, bsf rules, 1969 ) disqualified an officer from serving as a court if he was the officer who convened the court; or is the ..... the earlier order were recalled. facts2 the original petitioner/accused (the respondent herein) was a constable (general duty) in the border security force (in short bsf ). the case against him was that while he was posted as a security aide to a lady doctor, on 17.06.2005, at about 7.45 pm, he clicked pictures of that lady doctor .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. impediments in the working of the grand scheme of governmental functions have to ..... interest through the state. the high court felt inclined to take a pragmatic view since the negligence therein did not border on callousness.32. given these reasons, we do not consider discretion to have been exercised by the high court in ..... a liberal and justice-oriented approach by the courts, where certain leeway could be provided to the state. the hidden forces that are at work in preventing an appeal by the state being presented within the prescribed period of limitation so as ..... high court allowed an application filed by the union of india ( first respondent , hereafter) under section 5 of the limitation act, 1963 ( limitation act , hereafter) and thereby condoned the delay of around 479 days in presentation of an appeal from the decision of the reference .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-2023
..... question of appointment i must confess that there is a great deal of force in what my friend professor saksena said that there is no use making the tenure of the election commissioner a fixed and secure tenure if there is no provision in the constitution to prevent either a ..... vigilance home related to ineligible removable commission) affairs vigilance, for re- on such central policy- a . ppointment grounds) vigilance making, - commission and vigilance act, 2003 administration commissioner other including shall be grounds: police eligible administration. to be - or appointed insolvency as -held or cvc, - holding provided conviction office ..... or administrative fields almost inevitably voters, legislators and other elected officials will conclude that the activities of judges should be closely monitored. if judges act like legislators or administrators it follows that judges should be elected like legislators or selected and trained like administrators. this would be counterproductive. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2023
..... law primarily concerns social protection and prescribes rules of behaviour to be observed by all. law punishes for deviance, transgression, violation or omission. liberty of the individual and security and order in the society or public order are delicate and yet paramount considerations. undue emphasis on either would impede harmony and hamper public good as well as disturb social ..... 15 days as envisaged under sub- section (2) of section 167 of the old code and the consequences as well. the doubtful procedure of seeking further detention on securing order of remand under section 344 of the old code and section 309 of the present code was to be put to an end to, while preserving the power ..... of the court to have the bail cancelled and have the accused taken into custody are preserved. but as interpreted by this court on the happening of the catalyst act i.e. expiry of 16 90/60 days the hammer of release on default would fall. later filing of the charge-sheet (challan) is not by itself relevant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-2023
..... 4 scc40721 passing an order for unauthorized purpose constitutes malice in law. 22. the way in which the ed recorded the second ecir immediately after the appellants secured anticipatory bail in relation to the first ecir, though the foundational fir dated back to 17.04.2023, and then went about summoning them on one pretext and ..... 2002 that prompted this court to uphold the twin conditions contained in section 45 thereof, making it difficult to secure bail.15. this court had occasion to again consider the provisions of the act of 2002 in v. senthil balaji vs. the state represented by deputy director and others2, and more particularly, section 19 thereof. it ..... arrest was not in keeping with the provisions of section 19(1) of the act of 2002. further, as already noted supra, the clandestine conduct of the ed in proceeding against the appellants, by recording the second ecir31immediately after they secured interim protection in relation to the first ecir, does not commend acceptance as it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-2023
..... kumar singh was on account of the 2 for short, fir . 3 for short, ipc . 4 letter no.eg/trg/2/2/90 dated 23.04.2010 issued by the security commissioner-cum-principal, rpf training institute, valsad, gujarat. 5 for short, the 1987 rules . 6 writ petition no.5845 (w) of 2016. 3 informant turning hostile; the respondent ..... selected for being appointed as enrolled member, till the time he is not formally appointed to the force, can be discharged at any stage if the chief security commissioner, for reasons to be recorded in writing, deems it fit in the interest of the force. it is an accepted case that the 5 respondent santosh kumar singh was not formally appointed. it ..... offences punishable under sections 304-b, 498-a, 302, 201 read with section 34 of the indian penal code, 18603 and sections 3 and 4 of the dowry prohibition act, 1961. on receipt of the said information and details, by an order/letter dated 23.04.20104, the respondent santosh kumar singh was discharged from service in terms of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-15-2023
..... iv) a contract of sale or return, or (v) a contract of del credere agency, or (vi) a contract of sale on commission, or (vii) a contract for loan on security, or (viii) a mere wagering contract, or (ix) a contract for work and materials, or (x) a contract for hiring, or (xi) a contract to do work as an ..... turnover of the purchasing dealer under the provisions of the second proviso to clause (ii) of sub- section (2) of section 5, of the bengal finance (sales tax) act 1941, as in force in delhi ?." (underlining by us) (ii) in the said case, the division bench of the delhi high court considered the order of the financial commissioner who had 19 ..... of warranty claims raised by customers due to the emergence of defects in some parts, such parts are replaced free of cost to the customers to avoid delay in first securing such parts from the manufacturer, tata motors, and replacing the same. the dealer, on behalf of the manufacturer, collects a defective component or the vehicle itself from the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-2023
..... sale deed. (ii) its execution is admitted by both the original defendants. (true that the second defendant (first respondent herein) contends that it was executed as a collateral security at the time of a money lending transaction). (iii) the second defendant (first respondent herein) has also admitted execution of registered 1 (2013) 11 scc1632 (2014) 7 ..... , the trial court accepted the case of the second defendant that the said sale deed was one executed as a collateral security to a money lending transaction and that it was never intended to be acted upon. the trial court has also held the sale deed virtually invalid by accepting the contention that the transaction violated the ..... , whether incorporated or not, but nothing herein contained page 16 of 40 civil appeal no.930 of 2023 shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.].16. in the contextual situation it is also relevant to refer to the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-06-2023
..... the tribunal seeking return of passport on the score that there is urgent necessity of the old passport as its validity had expired and a fresh passport had to be secured from the hands of the passport authority. that having not been considered, the petitioner is before this court seeking a direction as observed hereinabove.4. heard sri k.n. ..... of the passport or travel document has - 13 - nc:2023. khc:44173 wp no.26333 of 2023 been issued by a court under any law for the time being in force or if an order prohibiting the departure from india of the holder of the passport or other travel document has been made by any such court and the passport authority ..... court or criminal court to retain or impound a passport. the issue in the case at hand is, such an act being done by the tribunal which undoubtedly has only the power of following the procedure of a civil court in securing ends of justice. the civil court or the criminal court itself do not have the power to impound the passport .....
Tag this Judgment!