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Judgment Search Results Home > Cases Phrase: emigration act 1983 section 8 emigration officers to be public servants Sorted by: recent Court: supreme court of india Page 1 of about 12 results (0.133 seconds)

Apr 19 2024 (SC)

Doly Rani Vs. Manish Kumar Chanchal

Court : Supreme Court of India

..... aggrieved by this fact as the petitioner-wife is currently residing in ranchi, jharkhand with her parents, she filed the present transfer 2 petition seeking to transfer the divorce petition under section 13(l)(ia) of the hindu marriage act, 1955 (hereinafter referred to as the act ) bearing matrimonial case no.82/2023 titled "manish kumar v/s doly singh" pending before the court of principal judge, family court, muzaffarpur, bihar to the court of principal judge, family ..... of hindu marriages under the said provision is only to facilitate the proof of a hindu marriage but for that, there has to be a hindu marriage in accordance with section 7 of the act inasmuch as there must be a marriage ceremony which has taken place between the parties in accordance with the said provision. ..... have come across several instances where for practical purposes , a man and a woman with the intention of solemnisation of their marriage at a future date seek to register their marriage under section 8 of the act on the basis of a document which may have been issued as proof of solemnisation of their marriage such as in the instant case. ..... note that parents of young couples agree for registration of a marriage in order to apply for visa for emigration to foreign countries where either of the parties may be working in order to save time and pending formalising ..... basis of the said certificate issued by the said entity, the marriage registration officer registered the marriage which is under section 8 of the act. .....

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Dec 11 2023 (SC)

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 .....

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Mar 02 2023 (SC)

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. .....

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Jul 27 2022 (SC)

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. .....

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Nov 23 2017 (SC)

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. .....

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Mar 30 2016 (SC)

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. .....

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Sep 26 2011 (SC)

Supreme Court Bar Association, and ors. Vs. B.D. Kaushik and A.K. Manc ...

Court : Supreme Court of India

..... court and competent representation to a client, (iii) a member shall not knowingly (a) make a false statement of material fact or of law to the court, (b) shall not seek to influence the court or judges or officers of the court in any matter by means prohibited by law or by false representation on behalf of his client nor shall such member communicate with such persons ex-parte or engage in conduct intending to bring disrepute to the functioning ..... constitution bench laid down certain guidelines relating to emigration act. ..... this court further finds that in the application filed by the respondents/plaintiffs in each suit under order 39 rules 1 and 2 read with section 151 cpc, injunction against the appellants to restrain them from implementing resolution dated february 18, 2003 amending rule 18 of the rules and regulations of ..... context of fundamental right to form an association excluding others and the right of the members of the association to keep others out, it has been held in para 17 at page 651 as under: - section 24 of the act, no doubt, speaks of open membership, but section 24(1) makes it clear that open membership is the membership of a person duly qualified therefore under the provisions of the act, the rules and the bye-laws of the society. ..... 100 of 2003 and 101 of 2003 respectively, filed applications under order 39 rules 1 and 2 read with section 151 of the code of civil procedure to restrain the defendants, who are appellants herein, from implementing the resolution .....

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May 07 2008 (SC)

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. .....

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May 02 2002 (SC)

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 .....

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Dec 15 1999 (SC)

Pattakkal Kunhikoya (D) by Lrs. Vs. Thoopikal Koya and anr.

Court : Supreme Court of India

Reported in : JT1999(10)SC178; 1999(7)SCALE594; (2000)2SCC185; [1999]Supp5SCR371

..... even though the order of the moneger was set aside by the revenue divisional officer, mangalore by his proceedings dated 20th november, 1939 and having an appeal filed by pattakkal tarwad, the order of the appellate authority was reversed by the district collector in second appeal whereby it was held that the ..... one family at kiltan which emigrated from agathi many generations ago is not regarded as melacheri and always holds the khaziship of the island ..... members of the tarawad families emigrated to the malabar islands and founded families there ..... the revenue divisional officer reversed the findings of the manager and by his appellate judgment decreed the suit ..... the tehsildar dismissed the suit in the year 1963 and an appeal before the appellate authority, namely, development officer of the l.m. & a. ..... reversionary interest could be considered if that reversioner is in the line of succession and not an ousted reversioner or otherwise briefly put an ousted co-sharer cannot act and be termed to be a reversioner in interest. ..... similarly, the madras aliyasanthana act, 1949 (chapter iv) has altered the law of intestate succession among hindus, other than jains, governed by the aliyasanthana law of inheritance ..... 8838 of 1983 and the same stands disposed of on the basis of the judgment as above ..... 3005 of 1983 no further order need be passed in ca no ..... 883 8 of 1983 was not seriously pressed ..... the madras marumakkattayam act has altered the law as laid down by the full bench decisions in ,-, govindan nair .....

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