Court : Supreme Court of India
Reported in : AIR1995SC1154; JT1994(5)SC644; 1995LabIC1596; (1995)ILLJ564SC; 1994(4)SCALE25; 1994Supp(3)SCC264; [1994]Supp2SCR670; 1994(2)LC643(SC)
..... the aforesaid rules do not at all deal with the mode of enrolment of lower division clerks. the same is governed by what has been provided in indo-tibetan border police force (lower division clerk) recruitment rules, 1973 which were made by the president of india in exercise of the powers conferred by the proviso to article 309 ..... states that mode of enrolment and procedure of enrolment shall be such as may be prescribed. learned counsel then speaks to draw assistance from rule 187 of the indo-tibetan border police force rules, 1994 which is on the subject of 'transitory provision' and states that any rule or order applicable to the force on commencement of these rules ..... union', the incumbents have to be taken as members of this force, because of the definition of this expression as given in section 2(1)(p) of the indo-tibetan border police force act, 1992, for short, the act. this submission is countered by shri vaje appearing for the union of india, because according to him, apart from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605A
..... rama'. it may be said that 'fundamentalism and pluralism pose the two challenges that people of all religious traditions face'; and 'to the fundamentalists, the borders of religious certainty are tightly guarded; to the pluralist, the borders are good fences where one meets the neighbour. to many fundamentalists, secularism, seen as the denial of religious claims, is the enemy; to pluralists, secularism .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... rama.' it may be said that 'fundamentalism and pluralism pose the two challenges that people of all religious traditions face; and 'to the fundamentalists, the borders of religious certainty are tightly guarded; to the pluralist, the borders are good fences where one meets the neighbor. to many fundamentalists, secularism, seen as the denial of religious claims, is the enemy; to plu-ralists .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(1)SC579; 1995LabIC405; 1995(1)SCALE261; (1995)3SCC300; [1995]1SCR419; 1995(2)SLJ205(SC); 1995(1)LC571(SC)
..... in the matter of fixation of seniority of ex-ecos who were appointed as deputy superintendents of police/company commander in the border security force, the central reserve police force, the indo-tibetan border police and the assam rifles. under the said principles the service in the army was to be counted ..... for the purpose of seniority in the manner indicated therein. respondents nos. 3 to 445 in civil appeal no. 4127 of 1985 are such ecos who were absorbed/appointed as assistant commandants in the border ..... commanders or quarter-master in battalions other than signal battalians or assistant principal central training college in the central reserve police force. on september 2, 1968, parliament enacted the border security force act, 1968 (hereinafter referred to as the 'bsf act') to provide for the constitution and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785
ORDER1. This appeal on reference to this Bench raises an interesting question of law. The respondent while working as Major General, Army Ordnance Corps., Southern Command, Pune between December, 1, 1982 and July 7, 1985 was in-charge of purchase. The Controller General of Defence Accounts in special audit on the local purchases sanctioned by the respondent prima facie found that respondent had deselected his duty and action under the Act was initiated against him. At that time, the respondent was attached to College of Military Engineering, Pune and was promoted as Major General. After initiation of the proceedings he was ordered to retire which he had challenged by filing Writ Petition No. 3189 of 1986 in the Bombay High Court which stood dismissed on August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from service on August 3...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465
ORDERB.P. Jeevan Reddy, J.1. Leave granted.2. Having voluntarily entered into contracts with the Government of Orissa, undertaking to lift a particular quantity of liquor every month and also to remit the monthly excise duty in two equal instalments on the fifth an fifteenth of the month, the respondents - licencees committed default on both counts and when the amount of excise duty is sought to be recovered from them, they have turned round and are contending that the said undertaking in the contract is not enforceable in law. They invoked the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution for the purpose. The High Court has upheld their contention. Hence, these appeals by the State of Orissa.3. The grant of excise licences in the State of Orissa is governed by the Bihar and Orissa Excise Act, 1915 (the Act) and the rules made thereunder. Section 22 provides for grant of exclusive privilege of sale of country liquor, whether wholesale or retail. Se...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)260; AIR1997SC506; [1996]87CompCas792(SC); JT1996(8)SC205; 1996(6)SCALE595; (1997)1SCC579; [1996]Supp6SCR1
ORDERS.B. Majumdar, J.1. Leave granted.2. By consent of learned advocate of parties this appeal was taken up for final hearing. We have heard the learned advocates of parties. The appeal is being disposed of by this judgment.3. This appeal by special leave arises out of the judgment and order of a Division Bench of High Court of Gujarat in Original Jurisdiction Appeal No. 16 of 1994 decided on 12 July 1996. The Division Bench by the said impugned judgment dismissed the appeal of the appellant and confirmed the order of the learned Single Judge in Company Petition No. 22 of 1994 and sanctioned a Scheme of Amalgamation of two Public Limited companies, namely Mafatlal Industries Limited ('MIL' for short) being the transferee-company with which Mafatlal Fine Spinning and Manufacturing Company Limited ('MFL' for short) being the transferor-company was to be amalgamated. The learned Single Judge granted requisite sanction to the applicant transferee-company MIL to amalgamate in it the transf...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)
..... so in the facts of that case observed:our decision, founded on reason and truth, gives to the individual no more than that which the constitution guarantees him, to the police officer no less than that to which honest law enforcement is entitled, and, to the courts, that judicial integrity so necessary in true administration of justice.56. in may view .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... backward tracts will not be discharged merely by securing to them protection from exploitation and by preventing those outbreaks which have from time to time occurred within their borders. the principal duty of the administration is to educate these peoples to stand on their own feet, and this is a process, which has scarcely begun. ..... methods by which the tribals were deprived of their lands. numerous methods adopted to exploit them having become unbearable, they rebelled against their exploitation. inderelli [andhra pradesh] police firing in which hundreds of innocent tribals were killed, is one of the latest events which would depict the enormity of their exploitation. by laying the railway tracks ..... how could i do this? then rama gaudu brought some men and sowed on land. moreover rama gaudu had reported to the police that i had illegally ploughed his land. so the sub-inspector of police came to me house with some constables and wanted to arrest me. but in the end they did not take me to` .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3976; 1997(2)ALD(Cri)678; [1998]91CompCas1(SC); JT1997(8)SC392; 1997(6)SCALE374; (1998)1SCC133; [1997]Supp4SCR446
ORDERK. Venkataswami, J.1. These appeals arise out of a complaint filed by the appellant which was subsequently registered as Criminal Case No. 2627 89. Brief facts leading to the filing of these appeals are given below :-The appellant who was a General Secretary of Hind Mazdoor Kisan Panchayat to which Gujarat Mazdoor Panchayat, a recognised trade union of a limited company, originally known as M/s. Sayaji Mills Ltd, now known as Sayaji Industries Ltd, is affiliated. According to the appellant/complainant, respondents 1 & 2(hereinafter called the 'contesting respondents') have committed offences under Sections 120-B and 409 IPC read with Section 77 of the Companies Act. The contesting respondents are father and son. One Vadilal Lalbhai Mehta was the father of the first respondent Bipinbhai Vadilal^ Mehta. One Subhasbhai Vadilal Mehta was the brother of the first respondent. They entered into a memorandum of understanding on 30.1.1982 for dividing their properties. As per the said memo...
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