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S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Reported in : 2000(2)WLN635

..... the inspector general is required to transmit the proceedings to the higher authority. the aforesaid notification is reproduced as follows:in pursuance of the provisions of the border security force act, 1968 (47 of 1968), the central government is pleased to hereby empower you, or the officer on whom your command may devolve during your absence, not ..... reasonable doubt that mens rea, which in view of the reasons given above, is a necessary ingredient of the offence punishable under section 40 of the border security force act. it is true that the burden to prove the ingredients of an offence lies on the prosecution and that this burden never shifts. the prosecution can ..... is not the end of the exercise necessary for answering the question whether mens rea is a necessary ingredient of the offence under section 40 of the border security force act. for the purpose of correctly ascertaining the intention of the legislature, the words used in the statute have to be construed. if the intention of .....

M/s Omsairam Steels And Alloys Pvt. Ltd. Vs. Director Of Mines And Geo ...

Court : Supreme Court of India

..... rectification or allow a bidder to quit the process without jeopardizing its right as regards a forfeiture of the bid security. in such a factual matrix, holding the appellant accountable to what is evidently an extravagant bid erroneously or mistakenly ..... twenty one thousand three hundred and fifteen only) as against evident human error, which has not been shown to even border 7 (2007) 4 scc66915 on mala fides, or knowingly done, is punitive. the enforcement of an otherwise commercially unviable ..... punishment sought to be inflicted on it for what was a bona fide human error. b) the appellant is being forced to accept an exorbitant, unrealistic and unsustainable bid of 140.10%, which the appellant never intended to make. c) ..... on 17th february, 2023. iv. the mineral auction rules, 20153, promulgated under the mines and minerals (development and regulation) act, contemplate a two-round process (i) submission of technical bids and initial price offers; and (ii) selection of technically qualified .....

Mohd Abdul Samad Vs. The State Of Telangana

Court : Supreme Court of India

..... said sentence criminal appeal no.2842 of 2024 page 16 of 43 being imposed according to the provisions of the said code.17. after the 1986 act came into force, a series of writ petitions were moved before this court challenging its constitutional validity on ground of being violative of articles 14, 15 and 21 of ..... particularly towards her personal needs; in other words, giving access to his financial resources. such financial empowerment would place such a vulnerable wife in a more secure position in the family. those indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal ..... return page 50 of 53 except possibly love and affection, a sense of comfort and respect from her husband and his family which are towards her emotional security. this may also be lacking in certain households.44. while the contributions of such a homemaker get judicial recognition upon her unfortunate death while computing compensation .....

Sri A Ramesh Babu Vs. Smt Dharani S

Court : Karnataka

..... subtleties invented to evade law. it is trite that fraud and justice never dwell together (fraus et jus nunquam cohabitant). fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. fraud and deception are synonymous. fraud is anathema to all equitable principles and any affair tainted ..... does not debar her to lodge a criminal complaint for criminal breach of trust. we must state that was the situation before the 2005 act came into force. in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under ..... cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verbal and emotional abuse .....

Dbs Bank Limited Singapore Vs. Ruchi Soya Industries Limited

Court : Supreme Court of India

..... his voting share in favour of the approval of the proposed plan of resolution (i.e. by dissenting), cannot be forced to yet remain attached to the corporate debtor by way of provisions in the nature of equities or securities. in the true operation of the provision contained in the second part of sub-clause (ii) of clause (b ..... under the plan inter se the financial creditors of the corporate debtor and not the resolution plan. accordingly, the amendment to section 30(2)(b) vide the amendment act of 2019 was not applicable. we have already rejected this argument, for the reasons set out above. in our opinion, the contention that the appellant is not the ..... the adjudicating authority. clauses (i), (ii) and (iii) of explanation 2 reflect the wide expanse and width of the legislative intent viz. the application of the amendment act, whether proceedings are pending before the civil appeal no.9133 of 2019 & anr. page 10 of 32 adjudicating authority, the appellate authority, or before any court in a .....

Nitin Shambhukumar Kasliwal Vs. Debt Recovery Tribunal-1

Court : Karnataka

..... 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 .....

Pankaj Bansal Vs. Union Of India

Court : Supreme Court of India

..... 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 .....

Union Of India Vs. Jogeshwar Swain

Court : Supreme Court of India

..... 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 .....

M/s. Tata Motors Ltd. Vs. The Deputy Commissioner Of Commercial Taxes( ...

Court : Supreme Court of India

..... 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 .....

B.s. Hari Commandant Vs. Union Of India

Court : Supreme Court of India

..... 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 .....