Court : Guwahati
..... ioc who otherwise deserves priority in admission over and above the class strength in normal condition were denied admission in class xi (science stream) as they failed to secure the cut off marks. instances are given in paragraph 22 of the counter as under :name of studentroll no.yearname of the parent who is teacher of kv. ..... 30.6.2000 without any delay. the further case of the respondent is that the cancellation of the admission to the petitioner has been done as he could not secure prescribed aggregate marks for admission in the class xith in science stream in the admission guidelines, prepared by kedriya vidyalaya sangthan. 10. mr. purkayastha, straneously submits that ..... institution by prescribing cut off marks. the aforesaid rulling is not applicable in the facts and circumstances of the case at hand, because in that case the delhi school education act (1973), ss 16(3), 28(2) (q) and rule 135, 137 and 138 provides that once a student is admitted to a school, the same admission .....
Tag this Judgment!Court : Guwahati
..... his post after serving for 10 or more years but less than 20 years, is entitled to pension/pensionary benefits under the relevant provisions of border security force act. 1968 (hereinafter called the act) and the border security force rules, 1959 (hereinafter called the bsf rules) or the central civil services (pension) rules, 1972 (hereinafter referred to as the ccs ( ..... under the rules. under the rules, he is not entitled to get such benefits.'10. the apex court, after considering all the relevant provisions of the bsf act, border security force rules, 1969 and ccs (pension) rules, 1972, to which reference have already been made, came to the following conclusion: '22. in the result, ..... back in service. letter dated 17th october, 1998 reads as under :'no. 13/19/ 1/98-rectt/bsf/1367-1667government of indiaministry of home affairsdte general border security force(pers dte : rectt section) new delhi-3, dated 17th oct 1998.to.all ftr hqrs bsf all sector hqrs bsf bsf academy, tekanpur bsf cswt .....
Tag this Judgment!Court : Guwahati
..... , 1968, (for brevity, 'the bsf act') to the confirming authority pointing out some irregularities in the proceeding before the gsf court and the illegality in the order ..... the petitioner then submitted a petition dated 20th july, 2000 under sub-section (2) of section 117 of the bsf act to the director general of border security force pointing out the irregularities in the proceedings before the gsf court as well as the illegality in the order of conviction. ..... security force court, (for short, 'gsf court'), found the petitioner guilty of civil offence of murder under section 302, indian penal code, and on december 7, 1999 imposed the sentence of imprisonment for life and dismissal from service on the petitioner. the petitioner submitted a petition dated 11th december, 1999 under sub-section (1) of section 117-of the border security force act .....
Tag this Judgment!Court : Guwahati
..... having committed offence and roe was ordered against the petitioner and two others. after roe was recorded, the petitioner was tried by ssfc (summary security force court) under section 40 of bsf act by the commandent 143. when the trial commenced, the petitioner pleaded guilty to the charge on 13.5.1999 and his plea was recorded ..... could not understand what they were talking. after about half-an-hour of such talking. company-commander observed, with the help of nvg, some catties crossing international border from near bp no 197. company commander, immediately, challenged the carriers of catties. both the said special naka parties, led by the company commander, illuminated the ..... night of 8-9th february, 1999, petitioner with two others, namely, no. 90171510 const ghanshyam and no.91007288 const surjit singh, were detailed for naka duty near border pillar (i.e., bp) no. 197m under jurisdiction of bop kanchantar of 143 bn bsf and on that day, company commander sh rai singh, ac, received .....
Tag this Judgment!Court : Guwahati
..... senior counsel appearing on behalf of pil no. 15/2002, the ssb has been created initially as a force for the n.e. region with a definite purpose to safe guard and protect the border areas in the interest of national security and by the advent of ssb, the people of this region particularly the state of arunachal pradesh have ..... judiciary under the constitution casts on it a great obligation as the sentinel to defend the values of the constitution and rights of indians. the courts must, therefore, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. it is precisely for this reason that it has been ..... the policy so formulated is against the mandate of the constitution or any statutory provision it can certainly be tested on the principles of judicial review. when an act falls within the policy of the state which has been formulated for the benefits of the poor and needy and which policy cannot be faulted, the court should stay .....
Tag this Judgment!Court : Guwahati
..... guard act, 1978 (30 of 1978), and the national security guard act, 1986 (47 of 1986).(2) for the removal of doubts, it is hereby declared ..... reproduced below :'25. military, naval and air force or other law not to be affected. - (1) nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the army act, 1950 (45 of 1950), the air force act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), the border security force act, 1968 (47 of 1968), the coast ..... h.k.k. singh, j.1. the petitioner joined service in the border security force (for short 'b.s.f') on 24.12,1966 as constable and he was promoted to the rank of naik and thereafter, to the rank of head constable. while he .....
Tag this Judgment!Court : Guwahati
..... the rate of land contiguous to the acquired land.' in cross-examination he stated that 'in exbt. a-2 there was a mention about land acquired for the border security force which was 19 paisa and 20 paisa per sq.ft., but there are no documents in exbt. a showing that such acquisition for payment of the said rate ..... 'in addition' to the market value of the land as above provided, the court shall in every case award a sum at 15% preceding the amendment act and after the amendment act, 30% on such market value in consideration of the compulsory nature of the acquisition. the legislature, therefore, made a distinction between compensation under section 23(1 ..... much reliance on oral evidence. the best evidence would have been the evidence of sales on similar lands at about the time of notification under section 4(1) of the act.13. in (1980) supp scc 204, adusumilli gopalkrishna, appellant v. special deputy collector (land acquisition) respondent, the apex court in paragraph 4 of the judgment held as .....
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..... rival submissions made before me on behalf of the parties.14. there is no dispute before me that since the petitioner was a constable in arunachal pradesh police force and faced disciplinary proceeding, which could have entailed major penalty of dismissal from service, the disciplinary proceeding, held against the petitioner, was governed by the provisions of ..... and be lenient to the person, who has tried hard to suppress the truth.2. the petitioner, who is an inspector of police in arunachal pradesh police force, has approached this court, with the help of the present application made under article 226 of the constitution of india, seeking issuance of appropriate writ(s) setting ..... proceeding under the ccs (cca) rules, 1965, read with section 7 of the police act, 1861, against the petitioner directing him to show cause against the article of charge, which read as under :'that inspector t. habung (u/s) of phq security cell itanagar, on 27.1.1996, physically assaulted h/c (dvr) k. kalita of .....
Tag this Judgment!Court : Guwahati
..... conclusion by exercise of commonsense that the plaintiff respondent was in urgent need of money and he executed the deeds only with intention to mortgage the property as security against incurring the loan. thus, it may reasonably be argued that the condition of redemption was inserted in the deeds taking his hapless condition and in that ..... recitals in the disputed deeds, we find that all along in the recitals it has been mentioned that the owner of the land was mortgaging the suit land as security for borrowing a sum of rs. 90,000/-. the only stipulation in favour of the appellant were as follows : 'the period of mortgage will be four months...................................................... ..... no attempts were made to supplement the contents of exst. a/5 and a/6 to attract bar of sections 91/92 of the evidence act, the ground raised has no force.20. for proper appreciation and for the sake of convenience i would like to reproduce the exact pleading of the defendant in this regard in .....
Tag this Judgment!Court : Guwahati
..... capacity, the offence is nothing but a civil offence for which he was tried by the security force court in terms of section 47 of the border security force act (hereinafter referred to as 'act' for short). the term civil offence is defined by section 2(d) of the act as an offence which is triable by the criminal court, section 46 of the ..... act provides that subject to the provisions of section 47, any person subject to this act who at any place in, ..... was not on active duty at the time of the incident, it may be relevant to produce hereunder section 47 of the act. '47. civil offences not triable by a security force court. - a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, .....
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