Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.352 OF2009PANGU ALIAS APPUTTY (DEAD) THROUGH L.Rs.& ORS. APPELLANTS Versus NARAYANI & ORS. RESPONDENTS JUDGMENT V. GOPALA GOWDA, J.This appeal is filed by the appellants against the final judgment and order dated 02.02.2005 passed in A.S. No.678 of 1993(C) by the High Court of Kerala at Ernakulam, whereby the High Court has set aside the judgment and decree passed in the Original Suit No.123 of 1990 on 26.11.1992 by the Subordinate Court Judge, Tirur, holding that the judgment and decree under the appeal cannot be sustained and passed a preliminary decree directing the division of the suit schedule properties.2. The relevant facts, in brief, are stated hereunder. For the sake of brevity and convenience the parties are referred to as per the rank assigned to them in the original suit proceedings.3. The defendant Nos. 1 to 9 in the Court of the Subordinate Judge are the appellants herein a...
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..... and water wing personnel have been made active on duty round the clock in the riverine border areas. at present the bsf and the state police are doing joint patrolling of the borders. a total of 6 battalions of bsf are deployed for guarding of the indo-bangladesh border (assam portion). there are 91 bops at present and the distance between two bops has been ..... reduced) night vision devices, thermal indicators and radar for better surveillance are being used by the bsf at the border. the state police are also having bops for providing a second line of defence .....
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..... a habeas corpus petition and delivered a judgment of 164 pages at the conclusion of which he observed that the action taken by the district magistrate and the superintendent of police against a member of the congress party was mala fide and was the result of a personal vendetta. these were his remarks. in these circumstances, i submit that with the ..... a habeas corpus petition and delivered a judgment of 164 pages at the conclusion of which he observed that the action taken by the district magistrate and the superintendent of police against a member of the congress party was mala fide and was the result of a personal vendetta. these were his remarks. in these circumstances, i submit that with the .....
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..... certain cases investigation is transferred to the cbi under express orders of the superior court. there are number of such examples and the cases could be of trans-border ramifications such as stamp papers scam or chit fund scam where the offence may have been committed in more than one states or it could be cases where ..... application of section 435(1) (b) or (c). it can be visualized that where the property of the central government referred to relates to the security borders of this country or the property in the control and possession of the army or other security forces of the country or the warships or such other properties or ..... the given situations, we wish to examine the provisions specifically available in the indian penal code, criminal procedure code, as well as the special enactment, namely, the delhi special police establishment act under which the cbi operates, to understand the extent of powers exercisable by the state and the centre in order to find an answer to the various .....
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..... notice is compliant with interpol s constitution and rules. therefore, the diffusion will be deleted from interpol databases. you are kindly requested to note that international police cooperation through interpol s channels in these cases would not be in conformity with its constitution and rules. finally, you are requested to remove from your ..... is being mentioned only for completing the factual background.39. much later, on 17th february, 2015 the petitioner was detained and arrested while crossing the nepal border at the immigration point in sunauli, uttar pradesh. she was produced before the concerned magistrate in maharaj ganj in uttar pradesh and brought to delhi on a ..... this is less formal than a notice but is also used to request the arrest or location of an individual or additional information in relation to a police investigation. a diffusion is circulated directly by an ncb to the member countries of their choice, or to the entire interpol membership and is simultaneously recorded .....
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..... is not repeated again.2. the incident highlighted in the petition was:- a. in a recruitment drive aimed at filling up 416 posts of class iv employees, indo tibetan border police (itbp, for short) had called candidates from eleven states at its headquarter located at bareilly, a small town in uttar pradesh on 1.2.2011. the ..... than lucknow division and consequently nothing has been placed on record.10. an affidavit has also been filed by harendra kumar, senior administrative officer, directorate general, indo tibet border police force, ministry of home affairs, government of india dealing with direction nos.5 and 6. in response to direction no.5 the affidavit states as under: ..... the higher officers of itbp to use lathi charge to push the crowd. this resulted in a chaotic situation with some aspirants resorting to violence. the armed police then had to use tear gas shells to disperse the crowd. massive disturbance and lawlessness prevailed all over the town causing law and order problem. some .....
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..... from service on 14.6.1987. from the reply of the respondents it appears that the incident had taken place when the unit was posted 1.5 kms. from the border during `operation trident'. an incident had occurred in the neighbourhood in which a woman had been reportedly raped by some army personnel and in the circumstances, instructions had been issued ..... civil jail for one year.5. cwp24332003 has been filed by ex. hav dharambir kanker who had been promoted to the rank of havaldar in the corps of the military police. after sixteen years he was posted to 4th corps provost unit at tezpur in assam. by charge-sheet dated 9.6.2000 the petitioner was accused of making sundry accusations .....
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..... 117. therefore, the questions before us are quite straightforward to quell this internal disturbance, has there been use of excessive force by the manipur police and the armed forces in the 1528 cases compiled by the petitioners through fake encounters or extra-judicial executions during the period of internal disturbance in ..... number of terrorist groups are active in the state with varying demands including outright secession from india. these terrorist groups have safe havens across the border and they have been indulging in the cold blooded murder of dignitaries, security force personnel and innocent citizens including political leaders, bureaucratic functionaries etc. ..... to approach this court under article 32 of the constitution for appropriate orders for setting up a special investigation team (for short sit ) of police officers from outside the state of manipur to investigate instances of alleged extra-judicial executions and thereafter prosecute the offenders in accordance with law.8. .....
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..... a bill for the consideration of the president (article 200). to the above example may be added the view of this court expressed in m.p. special police establishment.91. while explaining the examples given, the justice sarkaria commission also added that the governor may exercise his discretion independently of the council of ministers in dissolving ..... the state had been subjected to recurrent insurgencies from within, as also, from outside the country. it was also pointed out, that china which has a common border with the state of arunachal pradesh, is claiming a large part of the indian territory falling in the state. it was submitted, that article 371h recognizes the special ..... the state, which requires urgent and immediate redressal, keeping in mind that political stability is of utmost importance for the welfare of the people of this strategic border state. the attention of the raj bhavan has been drawn to the news item in one of the local dailies, the dawnlit post, with headline tuki led .....
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..... recently, in daulat singh surana v. collector (l.a.) (2007) 1 scc641land was sought to be acquired for construction of office of the deputy commissioner of police (security control). it was contended that there was no element of public purpose and hence the acquisition was not in accordance with law. negativing the contention and ..... its use controlled for public benefit irrespective of the wishes of the owner. 62. in commr. & collector v. durganath sarma air1968sc394: (1968) 1 scr561drawing distinction between police power and power of eminent domain, this court observed: (scc p. 399, para9) 9. in the exercise of its eminent domain power the state may take ..... numerous incidents of blockade, protests and violence were reported in the print and electronic media. by letter dated 10.11.2008 addressed to the director general of police, west bengal, tml informed that it is suspending operations as the circumstances were no longer conducive for them to work in a peaceful manner. tml started .....
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