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State of Gujarat Vs. Sama Alana Abdulla and anr.

Court : Gujarat

Reported in : (1993)2GLR1062

..... . 15, who in his evidence at exh. 51 has stated that during the interrogation he came to know that alana abdulla, accused no. 1, who was residing in the border area, is an indian and he has relations with the pakistani people. he has clearly stated in the cross-examination that accused no. 2 had come four to five times ..... 4. one mr. divansing anandsing negi was working as intelligence inspector in b.s.f. at bhuj in the month of june, 1986. two pakistany persons were arrested from dharmashala border and they were under interrogation. one of them was mahmad aladin and the other was hothi, i.e., accused no. 2. negi was also one of the persons in ..... submits that these are serious offences against the nation and because of the activity of the accused no. 1 safety and security of the nation would have been affected. he further submits that looking to the object of the act the offences should not be viewed leniently and adequate punishment should be given to the accused. he further submits that in .....

Nareshbhai Vishnubhai Chauhan Vs. State of Gujarat

Court : Gujarat

Reported in : (2009)1GLR734

..... career, he has served with highest level of devotion and dedication and during his entire career he has remarkably achieved goals of maintaining law and order; safety and security of the people; prevention and detention of criminals and effective control over anti-social and anti-national elements and control of terrorism in gujarat. it is further submitted ..... .g. vanzara, who was heading the a.t.s., gujarat at the time of killing of sohrabuddin and disappearance of ms. kausarbi was transferred as d.i.g. border range, kutch and banaskantha district and he also played active role in killing of tulsiram. one vipul agarwal, s.p. who was working under mr. vanzara was used to ..... amin is also high-ranking officer and so far as the applicant is concerned, he is only p.s.i. who obeyed and acted as per the instructions of his superior as obedient officer in police force.7. mr. naik, learned advocate appearing on behalf of the applicant has relied upon various decisions of the hon'ble supreme court in .....

The Official Receiver of South Arcot, Representing Somasundaram Chetti ...

Court : Chennai

Reported in : AIR1946Mad519; (1946)1MLJ31

..... the insolvency proceedings. reliance was placed on section 28(6) of the provincial insolvency act which provides that the power of a secured creditor ' to realise or otherwise deal with his security ' is not affected by the debtor's adjudication. we see no force in this argument. it is to be noted that the plaintiff's mother was not ..... estate now vested in the third defendant. the plaintiff thus claimed to be a ' secured creditor ' as that term was denned in section 2 (e) of the provincial insolvency act and no leave was therefore necessary under section 28 of the act.6. after the remand both sides filed additional documents and the plaintiff examined four witnesses including ..... in the position of an ordinary secured creditor holding a mortgage or charge on any .....

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 .....

M. Thangavelu Chetty Vs. Chinnasamy and ors.

Court : Chennai

Reported in : (1982)2MLJ142

..... one of the judgment-debtors, while as regards others the decree is kept intact.thus, even when section 7 and section 14 of the 1938 act contemplated the splitting up of a debt and the mortgage security for the purpose of giving relief to an agriculturist, the supreme court has taken the view that so far as the mortgage decree as against ..... from the other mortgagor who is not declared to be a debtor under the provisions of the 1976 act. the learned counsel refers to the proviso to section 4(b) of the 1976 act, as supporting his contention 7. there appears to be considerable force in the submission made by the learned counsel for the petitioner in this regard. it is well-established .....

Ganesh Export and Import Co. Vs. Mahadeolal Nathmal

Court : Kolkata

Reported in : AIR1956Cal188,[1955]25CompCas357(Cal),59CWN891

..... to me that it contains no element of fidelity or confidence which is an essential ingredient of trust as defined by section 3, trusts act. the agreement is bilateral and whatever rights are secured to the parties under it are contractual rights. under the third clause of the agreement the company is binding itself in express terms ..... to the commission as aforesaid. the agent shall not be responsible for the sale proceeds of goods sold direct by theprincipal. 14. this agreement shall remain in force for two years unless determined as hereinafter provided. 15. either party may by a notice in writing to the other terminate this agency and one month after the ..... official receiver and 'divisible among his creditors, shall not include 'any property .... which is exempted by the civil procedure code or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree'; and order 21, rule 61, civil p. c, provides that the court shall disallow a claim .....

Lala Goverdhonedas Vs. Harish Chandra and anr.

Court : Kolkata

Reported in : AIR1934Cal609,152Ind.Cas.198

..... rather inter that learned counsel for the respondent appreciated the weakness of his position when he offered on behalf of his client, if the appeal were dismissed, to give security for the amount ordered by my learned brother to be paid to his client. it appears to me that the order cannot be supported. as a matter of general ..... that these payments can be made without risk to the creditors, no payment should be made there is considerable force in what the learned advocate-general has said that if this were allowed every legatee would expect to be paid on giving security, and if that were done and eventually it were found that legatees should restore the money, it is ..... is either solvent or insolvent. one cannot go beyond asserting that so far the debts have not been ascertained. ha also refers, as a bar, to section 325, succession act of 1925, which says that debts of every description must be paid before any legacy. this cannot mean that it is the duty of the executor in every case, .....

Balbir Singh Vs. State

Court : Jammu and Kashmir

Reported in : 1994CriLJ1079

..... does not mean that their evidence is not reliable, for they have admitted that these documents were signed by them. they have not stated anywhere that they were forced to sign these documents. they have signed this seizure list out of their free will, and it does not lie honest on their part to say that they ..... into action and it (declaration) ultimately formed the basis for recording the conviction of the accused, after the said declaration went through all the requisite tests of evidence act, to which the veracity of witnesses was put at the time their statements were recorded. the statements i.e. the statement of doctor bashir ahmad and the scribe ..... which formed the basis for initiation of criminal investigation against the accused and being her last statement before her death, has withstood all the tests of the evidence act, to be declared as a dying declaration, for it was made by the deceased before her death to the investigating officer relating the circumstances under which her death .....

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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 .....

Hm Treasury Vs. Ahmed and Others

Court : UK Supreme Court

..... of state for defence (justice intervening) [2007] ukhl 58; [2008] 1 ac 332. the claimant in that case had been detained by british forces in iraq, acting pursuant to security council resolution 1546 made under article 42 of the charter. he claimed under the hra a declaration that his detention infringed his rights under article 5(1 ..... as appears necessary or expedient for enabling the effective application of "measures not involving the use of armed force" which the security council has decided "are to be employed to give effect to its decisions". measures to which the 1946 act refers must necessarily have a degree of specificity. they have to be capable of being "employed" ..... section 1 (1) of the united nations act 1946 (the 1946 act). section 1(1) is central to the appeals: "if, under article 41 of the charter of the united nations . . . (being the article which relates to measures not involving the use of armed force) the security council of the united nations call upon his majesty' .....