Judgment Search Results Home > Cases Phrase: emigration act 1983 section 8 emigration officers to be public servants Court: supreme court of india Page 1 of about 12 results (0.137 seconds)

Union of India (Uoi) and ors. Vs. C.N. Vasudevan

Court : Supreme Court of India

Reported in : 2008AIRSCW3943; AIR2008SC2317; 2008(3)ALLMR(SC)916; JT2008(7)SC124; 2008(8)SCALE534; 2008(7)SCC308

..... it is stated in paragraph 9 of the counter affidavit that in all 14 passport officers were authorised to perform the functions of protector of emigrants so as to decide whether a person intending to depart from india is an emigrant or not for the purpose of emigration act, 1983. ..... the duties of protector of emigrants under the emigration act is part of the normal duties of the regional passport officer. ..... before the central administrative tribunal praying that since the responsibilities of the regional passport officer and protector of emigrants are quite different, he may be paid an honorarium for working in the latter ..... it is further contended that the duties of protector of emigrants are being performed by the passport officers and that no additional duty or responsibility has been assigned to ..... is also stated that the duty of protector of emigrant was to be performed by the regional passport officer during the normal office hours on working days only. ..... question involved in this appeal is as to whether the respondent is entitled to grant of honorarium/remuneration for the period he worked as protector of emigrants over and above his salary as regional passport officer, ahmedabad.3. ..... to the said counter affidavit, therefore, there was no question of payment of honorarium to the regional passport officer who was assigned the duties of protector of emigrants.5. ..... is also stated that the duties of protector of emigrant were part of the normal duty of the regional passport officer. .....

Union of India (UOi) Vs. Association for Democratic Reforms and Anr.

Court : Supreme Court of India

Reported in : AIR2002SC2112; 2002(3)ALD90(SC); 2002(3)ALLMR(SC)228; 2002(2)BLJR1317; 97(2002)DLT657(SC); JT2002(4)SC501; (2002)3MLJ55(SC); RLW2002(4)SC487; 2001(4)SCALE110; (2002)5SCC294

..... public servant is 'any person who holds an office by virtue of which he is authorised or required to perform any public duty', not only, therefore, must the person hold an office but he must be authorised or required by virtue of that office to perform a public ..... ofreturn and the scope of article 324 of the constitution, where it was contended that cumulative effect of the three statutory provisions,namely, section 293a of the companies act, 1956, section 13a ofthe income tax act, 1961 and section 77 of the representation of the people act, 1951, is to bring transparency in the election funding and people of india must know the source of expenditure incurred by the political ..... request of government of india, undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the representation of the people act, 1951 (hereinafter referred to as 'the act'0 so as to make the electoralprocess more fair, transparent and equitable and to reduce the distortions and evils that have crept into the indian electoral system and to identify ..... narain and others : [1975]3scr333 , the constitution bench considered a question-whether privilege can be claimed by the government of uttar pradesh under section 123 of the evidence act in respect of what has been described for the sake of brevity to be the blue book summoned fromthe government of uttar pradesh and certain ..... certain guidelines relating to the emigration act, in lakshmi kant pandey .....

Vineet NaraIn and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1998SC889; 1998CriLJ1208; JT1997(10)SC247; 1999(1)SCALE442; (1998)1SCC226; [1997]Supp6SCR595

..... or organisation that might influence them in the performance of their official duties.objectivityin carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.accountabilityholders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.opennessholders of public office should be as open as possible about all the decisions and actions that they take. ..... the cvc shall review the progress of all cases moved by the cbi for sanction of prosecution of public servants which are pending with the competent authorities, specially those in which sanction has been delayed or refused.4. ..... ) decided on 20th march, 1979, the constitution bench laid down certain guidelines relating to emigration act. ..... ) (3) rajendra jain case (chargesheet filed by delhi police)in view of the fact that chargesheet has been filed under section 173 criminal procedure code in each of the above three cases in the competent court, it is that court which is now to deal with the case on merits, in accordance with law. ..... this result follows from the fact that conferment of jurisdiction is under section 3 of the act and exercise of powers of investigation is by virtue of the statutory provisions governing investigation of offences. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... paragraph17offences under the emigration act, 1983 (31 of 1983) section description of offence 24 offences and penalties. ..... 10 abetment by public servant of offences defined in section 8 or section 9 of the prevention of corruption act, 1988. ..... paragraph 8, before substitution, stood as under: paragraph8offences under the prevention of corruption act, 1988 (49 of1988 section description of offence 7 public servant taking gratification other than legal remuneration in respect of an official act. ..... (11) it may well be that a statute confers powers and imposes duties on a public servant, some of which are analogous to those of a police officer. ..... public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant.12. ..... taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. ..... offence relating to bribing a public servant by a commercial organisation.10. ..... offence relating to public servant being bribed. 7a. ..... criminal misconduct by a public servant. ..... offence relating to bribing a public servant.9. ..... 13 criminal misconduct by a public servant. . ..... 9 taking gratification for exercise of personal influence with public servant. ..... 8 taking gratification in order, by corrupt or illegal means, to influence public servant. ..... 484 counterfeiting a mark used by a public servant. .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... may be by commissioner commissioner (chairman) recommendation eminence prescri president of the in public bed by on ground (the right to committee life with central of proven information - central leader of wide government misbehaviour act, 2005) information opposition knowledge or 65, or c (aom sm issioners i sn a bth he a lok and w ish ichever incapacity deemed experience earlier (after sc s fit, in law, inquiry maximum union science, - shall that such10) cabinet and be officer minister technology ineligible (section ,social for re- shall be ( 12 nominated service, appointment ..... this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the president (3) the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the court, shall be charged upon the consolidated fund of india, and any fees or other moneys taken by the court shall form part of that fund.40. ..... the constitution bench laid down certain guidelines relating to the emigration act. ..... one of the officers was from andhra pradesh and belonged to the 1983 batch. ..... the third officer empanelled belonged to the telangana state and he belonged to the 1983 batch and the fourth officer belonged to the tamil nadu cadre and belonged to the 1985 batch. .....

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

..... of employment) act, 1981, section 37(2) of the emigration act, 1983,s.13(5) of the consumer protection act, 1986, section 14 of the sick industrial companies (special provisions) act, 1985, section 19 of the illegal migrants (determination by tribunals) act, 1983 and section 95 of the coast guard act, 1978, deeming the commissioner or the tribunal appointed under the respective acts for investigation of claims to be a civil court for the purposes of section 195 and chapter ..... any part of india and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed.section 5 empowers the appropriate government, by a notification in the official gazette, to confer on the commission additional powers as provided in all or any of ..... the case with the commission appointed under the public servants (inquiries) act, 1850, whose recommendations constitute a definitive judgment ..... that it was not necessary to deal with the effect of that provision because, they did not propose to base their decision on the ground that the income-tax officer was a revenue court under that sub-section, and added:the only point of interest to which we may incidentally refer is that this subjection gives an inclusive, though not exhaustive, definition and takes within its .....

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

..... , child labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of plant and farmers rights act 2001, environmental protection act 1986, water (prevention and control of pollution act) 1974, air (prevention and control of pollution act) 1981 and suppression of unlawful acts against safety of maritime navigation and ..... the court may in a situation of this nature keep in mind the broad principles of law that some acts of omission and commission on the part of a public servant may attract disciplinary proceedings but may not attract a penal provision. ..... other country: taking cognizance of investigate for to further that, notwithstanding anything provided contained in first proviso, any property of any person may be attached under this section if the director or any other officer not below the rank of deputy director authorised by him for the purposes of this section has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that if such is not property in money-laundering involved ..... they were offences relating to bribery or corruption by public servants and were thus appropriately classified in one group or category. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... second, the framework of article 370(2) of the indian constitution was such that any decision taken by the state government, which was not an elected body but the maharaja of the state acting on the advice of the council of ministers which was in office by virtue of the maharaja's proclamation dated 5-3-1948, prior to the sitting of the constituent assembly of the state, would have to be placed before the constituent assembly, for its decision as provided ..... to comprise of : all territories and places withing her majesty s dominions which are for the time being governed by her majesty through the governor- general of india 67 part e100 the term india was defined in section 18(5) as comprising of : british india together with any territories of native prince or chief under the suzerainty of her majesty exercised through the governor-general of india the suzerainty of the colonising british over the territory of ..... 284 [custody of deposits with public servants and courts]. ..... 991 180 part e admission into, and emigration and expulsion from, india, including in relation thereto the regulation of the movements in india of persons who are not british subjects domiciled in india or subjects of any acceding state; pilgrimages to places beyond ..... admission into, and emigration and expulsion from, india, including in relation thereto the regulation of the movements in india of persons who are not british subjects domiciled in india or subjects of any acceding state; pilgrimages to places beyond .....

Savelife Foundation and Anr Vs. Union of India and Anr

Court : Supreme Court of India

..... we also direct that the scheme framed by the central government and this order be widely published through electronic media and print media for the benefit of public so that public is made aware and that serves as impetus to good samaritans to extend timely help and protection conferred upon them without incurring the risk of harassment.24. ..... union of india [wp no.2632 of 1978 decided on 20.3.1979) the constitution bench laid down certain guidelines relating to the emigration act. ..... the concerned court should exercise the power to appoint the commission for examination of good samaritans in accordance with the provisions contained in section 284 of the code of criminal procedure, 1973 suo motu or on an application moved for that purpose, unless for the reasons to be recorded personal presence of good samaritan in court is considered necessary.21. ..... in case a good samaritan chooses to be a witness, his examination by the investigating officer shall, as far as possible, be conducted at a time and place of his convenience such as his place of residence or business, and the investigation officer shall be dressed in plain clothes, unless the good samaritan chooses to visit the police station. ..... in case the good samaritan speaks a language other than the language of the investigating officer or the local language of the respective jurisdiction, the investigating officer shall arrange for an interpreter. vi. .....

ibrahim Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1965SC618; 1965CriLJ506; [1964]4SCR441

..... rajgarh had been directed to be deported in which is found a reference to his having come over to india with a passport and having overstayed the time permitted by the visa, the general diary of the emigration check post, munabao dated april 21, 1957 which recited that on april 21, 1957 the deportee - ibrahim - had come with a head constable and that the deportation order had been given effect to, and an ..... the witnesses - p.w.s 2 and 3 - are public servants and there is no reason why they should depose ..... order made thereunder, or any direction given in pursuance of this act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction ..... on seeing him there the sub-inspector of churu made a report to the station house officer of rajgarh by which he drew the latter's attention to the fact that the appellant who had been deported had managed to cross the border on the side of ganganagar and had re-entered ..... (2) in particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner :- (a) shall not enter india or shall enter india only at such times and by such route and at such port or place and subject to the observance of such .....