Judgment Search Results Home > Cases Phrase: coast guard act 1978 Page 1 of about 344,580 results (0.483 seconds)

Md. Abbas Mohideen Vs. Government of India Rep. by Secretary to Govern ...

Court : Chennai

Reported in : (2008)IILLJ587Mad

..... issue on the limitation will have to be viewed seriously because in a court of enquiry held by the respondents in terms of the coast guards act, 1978, they can even impose punishment of death and grant life imprisonment in terms of section 53(1) of the act. ..... petitioner, the reconvening of the cgc was violative of section 66 of the coast guard act, 1978. ..... irresponsible and careless attitude in fault diagnosis and repair of defects affecting the ship's operational efficiency and delay in repair process thereby committed an offence under section 16 of coast guard act, 1978.8. ..... duty by allowing the damage to get compounded on port d.a in overheated condition over a long period without proper fault diagnosis thereby committed an offence under section 16 of coast guard act, 1978.d. ..... vital information of sea water ingress in star board d.a from his commanding officer, administrative authority and repair agency thereby committed an offence under section 16 of coast guard act, 1978.c. ..... discharge duties properly and was fully responsible for non-preservation of star board d.a after ingress of sea water leading to deterioration of material state of starboard d.a thereby committed an offence under section 16 of coast guard act, 1978.b. ..... even though the petitioner could have filed a representation to the central government under section 119 of the coast guard act, in view of the facts and circumstances of the case, the petitioner, without availing other remedies, moved this court with the present .....

Commandant Shamsher Singh Malik Vs. Uoi and ors.

Court : Delhi

..... in exercise of the powers conferred by section 123(1) of the coast guard act 1978, on 17.09.2004, the central government notified the coast guard (seniority and promotion) amendment rules 2004, (hereinafter referred to as the 2004 rules) to amend certain provisions of ..... in exercise of the powers conferred by section 123(1) of the coast guard act 1978, the central government framed the coast guard (seniority and promotion) rules 1987, (hereinafter referred to as the ..... with the promulgation of the coast guard act 1978, a cadre of coast guards was created by hiving off a wing of ..... having considered the rival arguments it is apparent that the reliance placed by learned counsel for the respondents upon the guidelines for selection and promotion of coast guard officers contained in the office order dated 29.12.2004 to justify the action of the departmental promotion committee convened on 19.10.2004 to fill up only 2 out of the 3 vacancies existing to the post of deputy inspector general on said ..... on 29.12.2004 an office order was issued by the directorate general coast guard service, revising the guidelines for selection and promotion of coast guard officers contained in the office order no.14/2002, the relevant portion whereof reads as ..... order dated 29.12.2004 was issued after the departmental promotion committee had been convened and had met on 19.10.2004, thus the guidelines for selection and promotion of coast guard officers contained therein have no relevance in the present case. .....

Md. Abbas Mohidden Vs. the Director General, Coast Guard and anr.

Court : Orissa

Reported in : 95(2003)CLT593

..... as the coast guard court convened could not proceed with the trial, and in view of the fact that few of the officers constituting the court had been transferred out to different coast guard units, and the commanding officer of the petitioner having also changed, it was decided to dissolve the said coast guard court in exercise of the powers under section 66(3) of the coast guard act, 1978 (hereinafter referred to as 'the act'). ..... suffice it to say that the question of limitation being a mixed question of fact and law, the same should be urged before the coast guard court at the first instance.the other question that the petitioner was on leave during the relevant period, and hostility of the higher officers, are matters of ..... accordingly, we direct that the petitioner is at liberty to raise all such contentions before the coast guard court and we are sure that the said court shall take the same into consideration while passing the final order.although the proceeding has been concluded and kept in sealed cover, as submitted ..... is further stated that the two charges under annexure-6 on which the petitioner was to be tried by the earlier coast guard court, do not stand negated and the fresh recording of evidence (for short 'r.o.e. ..... it is also submitted by the learned standing counsel that the instant proceeding is not barred by limitation and a coast guard court which is dissolved, can be constituted and the petitioner can be tried again under sub-section (4) of section 66 of the act.5. .....

C.H. Ramakrishna Vs. State and anr.

Court : Kolkata

Reported in : (2008)1CALLT406(HC),2008(1)CHN483

..... as anil kumar was a naval defence personnel and was subject to coast guard act, 1978, his commanding officer moved an application under section 475 of the code of criminal procedure, 1973 before the learned chief judicial magistrate, making a prayer to hand over the said accused to the navy for trial in the coast guard court.6. ..... anil kumar was tried in the coast guard court and was dismissed from service.10. ..... anil kumar was a navik of coast guard. ..... however, the provisions of the indian navy act, 1957, had limited application to the civilian employees serving in the indian navy; certain restrictions on their fundamental rights were imposed.13. ..... filed inasmuch as under the notification dated september 16,1983, it was declared by the central government that the civilian employees, serving in the indian navy in the andaman and nicobar islands, would be subject to the navy act, 1957. .....

Union of India, Secretary to the Ministry of Defence, New Delhi and Ot ...

Court : Kerala

..... the coast guard act, 1978 was enacted for constitution and regulations of armed forces of the union for ensuring the security of maritime zones of india and with a view to protect the maritime and other national interests in such zones. ..... it was observed in the order that, under section 14 of the coast guard act, it is one of the primary duties of the coast guard to provide assistance to vessels in distress and no monetary awards are given to the cg personnel rendering assistance. ..... but the salvage is denied to the petitioner on the ground that it was his bounden duty under section 14 of the coast guard act to render assistance to the ship in distress. ..... and the crew had saved the life and property of m.c.pearl at the sea, necessarily, it cannot be taken that, they shall be denied of the salvage merely because it was their duty cast under section 14 of the coast guard act. ..... - (1) the general superintendence, direction and control of the coast guard shall vest in, and be exercised by, the central government and subject thereto, and to the provisions of this act and the rules, the command and supervision of the coast guard shall vest in an officer to be appointed by the central government as the director general of the coast guard. 37. .....

Joseph Antony Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1986Ker238

..... the coast guards act, 1978 was enacted by the ..... the need to protect the interests of the persons engaged in fishing using traditional fishing crafts such as catamarans, country crafts and cancos in the area specified in the sea along the entire coast tine of the state but not beyond the territorial waters; and whereas, there is need to preserve law and order at sea.now, therefore, in exercise of the powers conferred by clause (d) ..... of sub-section (1) of section 4 of the kerala marine fishing regulation act, 1980 (10 of 1981), read with rule 4 of the kerala marine fishing regulation rules, 1980, the government of kerala hereby prohibit the use of purse-seine, ring seine, pelagic trawl ..... even if (the statutory order) is passed in good faith and with the best of intention to further the purpose of the legislation which confers the powers, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if ..... the kerala marine fishing regulation act, 1980 (10 of 1981), the government of kerala hereby specify the area in the sea along the entire coast line of the state, not beyond the territorial waters, as specified area for the purpose of clause (d) of sub-section (1) of section 4 of the said act.by order of the governor,sd/- .....

Ex.Uttam Navik Dalbir Singh Vs. Union of India and Others

Court : Delhi

..... imposition of punishment on the ground that he cannot be punished for the same offence twice as for the alleged misconduct of coming late, he had already been admonished by the ood, which is construed as a punishment under the coast guard act, 1978, as admitted by the ood himself, in his statement during the enquiry and thus the petitioner could not have been punished twice for the same misconduct as per article 20(2) of the indian constitution. 16. ..... it is also pertinent to note that rule 93(1) of the coast guard (discipline) rules 1983 is pari materia with rule 149 of the bsf rules, 1969 except for the requirement of recording the reasons for the finding of guilty or not guilty for offences under sections 27 and 28 of the coast guard act, 1978 which was brought about by the amendment carried out on 9th may ..... it is also urged that the coast guard proceedings are governed by the provisions the coast guard act, 1978 and the statutory rules there under and that the provisions of ..... thereafter filed a petition to the director general, coast guard through the coast guard regional commander (west) seeking suspension of the sentence of imprisonment in order to file a petition against the finding and sentence in terms of section 119 of the coast guard act, 1978. ..... the petitionerscontention is that the very act of admonishing an employee is a punishment prescribed under the coast guard act, 1978 which fact was also admitted by the ood as well in his statement during the enquiry .....

G.K. Nayar and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1983)ILLJ461Ker

..... the coast guard act, 1978 (for short 'the act') was enacted to constitute the coast guard to ensure the security of the maritime zones of india with a view to protect the maritime and other national interests in such zones. ..... the argument on behalf of the petitioners is that section 4(2) requires that the coast guard shall be constituted in such manner as to be 'prescribed' and since the word 'prescribed' means prescribed by rules made under this act, that is, section 123 of the act and since section 123(2)(a) of the act contemplates making of rules for the constitution of the coast guard the coast guard can be constituted only by way of statutory rules and not by way of executive instructions.7. ..... who become part of the uniformed cadre of the coast guard will be subject to the act and be governed by the terms and conditions of the coast guard as promulgated under government of india letter dated 29th september, 1978 and any other letters on the subject issued from time to time. ..... (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for, -(a) the constitution, governance, command and discipline of the coast guard:xx xx xx xx(3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of .....

Dig K.P.S. Raghuvanshi Vs. Union of India and ors.

Court : Delhi

..... here that the coast guard (seniority and promotion) rules, 1987 framed by the central government in exercise of the powers conferred upon it by section 123(1) of the coast guard act, 1978, governed the field ..... to respondents and quash the said board proceedings being arbitrary and illegal; e) to issue an appropriate writ order or direction in the nature of certiorari to respondents and quash para 7 of coast guard order no.2 of 2009; the f) to issue an appropriate writ order or direction in the nature of mandamus directing respondents to consider the petitioner for promotion to the rank of inspector general in accordance with law. ..... dated 13.04.2009 in the relevant file, which reads as under: coast guard headquarters review of acrs coast guard officers1 vice admiral anil chopra avsm has taken over as dgicg ..... and promotion) amendment rules 2004 to amend certain provisions of the 1987 rules vide sro133dated 17.09.2004 whereunder rule 7(3) of coast guard (seniority and promotion) rules, 1987 was amended to read as follows: the promotion of an officer to the rank of commandant and above shall be made on relative merit ..... an appropriate writ order or direction in the nature of certiorari to respondents and quash the report especially endorsement made by ro being ex facie contrary to the policy instructions of respondents, as contained inter alia in coast guard order no.4 of 2005 and various other policy instructions regarding writing of confidential reports issued from time to time. .....

Sk.Singh .. Vs. the Director General, Coast Guard Headquarters, and or ...

Court : Chennai

..... further more, as contended by the learned counsel for the respondents, the series of acts covering the period from july 1999 to june 2000 under section 34(f) of the coast guard act, 1978, were framed as one charge. ..... the copies of the coast guard proceedings were also served on the petitioner and during july, 2002, he submitted an application to the chief law officer, the 3rd respondent, for a judicial review of the trial proceedings in accordance with sections 117 and 118 of the coast guard act, 1978. ..... it is the submission of the learned senior counsel for the petitioner that as per section 51(1) of the coast guard act, no person shall be tried or punished for any offence committed by him unless such trial commences within three years from the commission of offence. ..... on conclusion of the trial, the coast guard court found the petitioner guilty of 10 charges out of 13 contained in the charge sheet and awarded the sentence of dismissal from service, as provided under section 53 of the coast guard act, by its order dated 5th june, 2002. ..... that apart, as per section 51(1) of the coast guard act, no person shall be tried or punished for any offence committed by him unless such trial commences within three years from the commission of such offences. .....