Court : Supreme Court of India
..... lodging and boarding; (iii) purchasing motor vehicles for the purpose of preparing them for being used as bombs and for planting them at important locations in furtherance of objective of conspiracy to commit terrorist act; and (iv) requesting the discharged amjad ali meharbux and a-67 to store suitcases containing arms and ammunitions, handgrenades which were part of consignment smuggled into india by the absconding accused tiger memon and ..... finance and managing the disbursement by generating the same through mulchand shah choksi (a-97) and from the firm m/s tejarat international owned by ayub memon (aa) for achieving the objective of conspiracy to commit the terrorist act; (ii) arranging air tickets through altaf ali mushtaq ali sayyed (a- 67), east west travels and others to enable the co-conspirators and accused in the case to undergo weapons training in pakistan and for ..... above, between 02-08.02.1993, two more such landings of arms and ammunitions, detonators, hand grenades and explosives like rdx took place at shekhadi coast under taluka shrivardhan in raigad district through landing agent a-14, sharif abdul gafoor parkar @ dadabhai (a-17) (deceased) and rahim abbas karambelkar @ ..... organized the landing of fire arms and ammunitions and hand grenades which was to take place on the coast of dighi jetty in raigad district of state of maharashtra on 09.01.1993. ..... his men, particularly, the accused persons, received those arms and ammunitions through sea-coasts of bombay. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR776
..... this stage, we may point out that in a letter dated 11th september, 2002 (exhibit 'u' to the petition) the coast guard head quarters, new delhi has clarified that the indian coast guard is not a part of indian navy and that the coast guard is an armed force of the union, under the ministry of defence, and is governed by the coast guard act, 1978.7. mr. ..... 291/84-cus dated 28th december, 1984 is issued by the central government under section 25 of the customs act, 1962 exempting whole of basic customs duty and whole of additional duty payable on machinery, equipment, components, raw materials required for construction of or fitment to the ships of the coast guard, when imported into india bya) the government of india, orb) by a person authorised by that government, orc) shipped on the order of a department of the government of india and ..... therefore, it cannot be said that duty free import of barges was contemplated by coast guard.e) shri kirit kamdar, partner of the petitioners in his settlement recorded under section 108 of the customs act, 1962 has admitted that the imported goods have been disposed off in the open ..... learned counsel appearing on behalf of the petitioners, though not strongly, but feebly contended that the clearance of the goods under section 90 of the customs act was in accordance with law because according to him indian coast guard is a part of indian navy and, therefore, supply of barges to the indian coast guard should be considered as supply to the indian navy. .....
Tag this Judgment!Court : Chennai
..... coast guard personnel are governed by the coast guard act, 1978 ..... section 9 of the coast guard act, 1978, resignation is not ..... a person, who is a young boy of 25 years of age and it is clear that he wanted to serve the nation and hence, he joined the coast guard, but he has applied to the post of sub inspector of police in the tamil nadu police services, of course after getting permission of his immediate superior, ..... citing the circular dated 7.4.2006, has stated that the petitioner could not be relieved from the coast guard to participate in the selection process and hence, rejected the application of the petitioner as early ..... the coast guard is a specialized one, imparting intensive training to the officers in order to safeguard the coastal line and due to huge requirement in the coast guard, such a person should not be automatically relieved, especially when such a training in a ..... the third respondent is directed to re-consider the claim of the petitioner for accepting the resignation of the petitioner from the post of constable in the costal guard taking into consideration that he has successfully come out in the selection process for selection and appointment to the post of sub inspector of police in tamil nadu police force and ..... when he was working in the coast guard, he applied for direct recruitment to the post of sub inspector of ..... has originally joined as sailor/navik in the indian coast guard on 12.08.2013. ..... cannot be claimed as mandatory by a member of the coast guard. .....
Tag this Judgment!Court : Delhi
..... of the coast guard act, 1978 refers to an act, omission, disorder or neglect not specified in the act, which is prejudicial to good order and discipline of the coast guard. ..... an offence punishable under section 44 of coast guard act, 1978. ..... is drawn to the offence report (annexure r-6), which makes reference to section 44 of the coast guard act, 1978. ..... june, 2015, hearing of the charge under rule 23 of the coast guard (discipline) rules, 1983 was conducted by the commanding officer. ..... found guilty by a coast guard court on the aforesaid account is liable to suffer imprisonment for a term which may extend to three years or such less punishment as mentioned in the act. ..... order passed by the director general of the coast guard, dated 18th september, 2015 records that the petitioner has been awarded punishment of dismissal from the coast guard service.11. ..... this proforma refers to rule 25 of the coast guard (general) rules, 1986, which relates to furnishing of false/wrong information at the time ..... no.8301/2016 page 3 of 5 intervention of the coast guard court in the manner stated in section 57 or ..... punishment of dismissal from the coast guard therefore can be imposed by the commanding officer, or another ..... punishment of dismissal from the coast guard is deemed to be inferior to punishment imposed for the term of life (or other ..... rule 25 of the coast guard (general) rules, 1986 stipulates that furnishing of false or wrong information at the time of recruitment would result in discharge/release .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ503
..... on the other hand, in the coast guard, section 115 of the coast guard act, 1978, which regulates the appointments of chief law officer and other law officers, provides an experience of 10 years in judicial service as sufficient for the post of chief law officer and only six ..... pay commission have recommended the following replacement scales for the chief law officer and law officer gde-i in nsg, itbp & coast guard.chief law officers______________________________________________________________________________name of cpmfs existing scale scale proposed by demanded by the vth pc by the cpmfsnsg 5100-6150 16400-450-20000 -coast guard -do- -do- -itbp 4500-5700-200+ 14300-400-18300+ -special pay special pay bsf one post 4100-5300 report is ..... when empowered committee expressed its inability to examine the case on merits, the mha submitted a comprehensive proposal to the cabinet to bring these officers at par with their counterparts in the coast guard and nsg without submitting any objection to this court inspite of the liberty having been granted to the mha in this regard.12. ..... acts are not modeled on the army act.the ministry of home affairs is of the view that the demand of the bsf to bring the pay scales of the chief law officers and law officers grade-i at par with that of the coast guard and the nsg is justified and needs consideration specially in view of the fact that, the bsf is a much larger force than the nsg, itbp or the coast guards and the bsf act is modeled on the army act .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(161)ELT96(Bom)
..... stage, we may point out that by a letter dated 11th september, 2002 (exhibit - 'u' to the petition) the coast guard head quarters, new delhi has clarified that the indian coast guard is not a part of indian navy and that the coast guard is an armed force of the union, under the ministry of defence, and is governed by the coast guard act, 1978.7. mr. ..... , dated 28th is issued by the central government under section 25 of the customs act, 1962 exempting whole of basic customs duty and whole of additional duty payable on machinery, equipment, components, raw materials required for construction of or fitment to the ships of the coast guard, when imported into india by :-(a) the government of india, or(b) by a person authorised by that government, or(c) shipped on the order of a department of the government of india and appropriated under such order at the time of shipment ..... counsel appearing on behalf of the petitioners, though not strongly, but feebly contended that the clearance of the goods under section 90 of the customs act was in accordance with law because according to him indian coast guard is a part of indian navy and, therefore, supply of barges to the indian coast guard should be considered as supply to the indian navy. ..... the identity of the imported barges and the supply of barges to coast guard is established cannot be accepted in view of the statement of the partner of the petitioners under section 108 of the customs act that the imported goods have been sold locally. .....
Tag this Judgment!Court : Supreme Court of India
..... act, the jurisdiction exercisable by and the procedure applicable to any court or authority under the army act, 1950; the air force act; 1950, the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 shall not be affected by the pc act ..... act, 1950; the air force act, 1950; the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 are the statutes included in section 25 of the pc act ..... punishable under any law in force in india with death, he shall be liable to suffer any punishment assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned; and 8 (b) in any other case, he shall be liable to suffer any punishment assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such ..... civil offence , criminal court and member of the force in sections 2 (e), (h) and (p) respectively of the 2006 act, the learned single judge of the high court held that an offence triable by a criminal court is within the jurisdiction ..... at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section, shall be liable to be tried by an assam rifles court and, on conviction, be punishable as follows, that is to say, (a) if the offence is one which would be .....
Tag this Judgment!Court : Guwahati
..... - (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 guard act, 1978 (30 of 1978), and the national security guard act, 1986 (47 of 1986). ..... in fact, the territorial jurisdiction of the state of rajasthan confines to the territories of rajasthan and an executive act of the state of rajasthan in that case was also confined to the state of rajasthan only. ..... sub-section (1) of section 25 starts with a non obstante clause overriding any provision of the act and it clearly declares that the provision contained in the p.c. ..... 46 under section 7 punishable under section 12 of prevention of corruption act, 1988.in that, they while on op duty at op point, nawada gate, on 8.8.1998 at 1045 hrs ..... 2) of 143 bn bsf is charged with :-bsf act abetment of commissions of an offence by a public servant sec ..... , sections 14, 17 and 46 of this act, or any offence against the officer holding the ..... 15th amendment act, 1963 inserted clause (1a) to article 226 which has been subsequently, renumbered as clause (2) by constitution 47th amendment act, 1976. ..... act except without previous sanction of the concerned authorities mentioned in the act as required under section 19 of the ..... has no jurisdiction to try offences under prevention of corruption act (hereinafter 'p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)BomCR814; (2004)106BOMLR98
..... (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 11968), the coast guard act, 1978 (30 of 1978), and the national security guard act, 1986 (47 of ..... in the present, case, we are dealing with the offence under the prevention of corruption act and section 25 thereof is the complete answer to the submissions made by the learned counsel for ..... for the petitioner has strenuously urged that the charge against the petitioner is of commission of an offence punishable under section 13(2) of the prevention of corruption act and therefore, in view of the mandate of section 19 of the prevention of corruption act, the petitioner cannot be prosecuted unless there is a valid sanction for prosecution. ..... ad interim order is continued for a period of six weeks from the date on which the authenticated copy of this order is made available to the petitioner.parties to act on ordinary copy of this order duly authenticated by the personal secretary/court associate. ..... (iv) section 25 of the said act of 1988 gives overriding effect to the provisions of the army act and the navy act on the provisions of the prevention of corruption act and therefore requirement of sanction ..... was arraigned in terms of section 106 of the navy act and the petitioner pleaded not guilty to all the charges .....
Tag this Judgment!Court : Supreme Court of India
..... corruption act,1988; (l) preliminary inquiry means an inquiry conducted under this act; (n) public servant means a person referred to in clauses (a) to (h) of sub section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the army act, 1950, the air force act, 1950, the navy act, 1957 and the coast guard act, 1978 ..... reason that the action of the appellant initiated pursuant to order dated 11th december, 2020 for conducting a preliminary inquiry in exercise of powers conferred under section 20(1) of the act, 2014 was a subject matter of challenge before the high court at the instance of respondent no.1 and if that is being interfered with and the action of the ..... but at the same time, we granted an opportunity to the respondents as well to justify if the action taken by the appellant is not in conformity with the mandate of the act, 2014, but from the written submissions placed before us, we do not find any valid objection being raised by the respondents which may call upon this court to interfere in ..... 11th december, 2020 passed by the odisha lokayukta initiating to conduct a preliminary 1 inquiry in exercise of power conferred under section 20(1) of the odisha lokayukta act, 2014(hereinafter being referred to as the act 2014 ) on a complaint dated 9th december, 2020 received from mr.ranjan kumar das, deputy superintendent of police, vigilance cell unit, bhubaneswar indicating the alleged .....
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