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 : AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)
..... court held that the removal of the delinquent officer from service was in violation of the provisions contained in section 10 of the border security force act, 1968 (in short 'the act') read with rule 20 of the border security force rules, 1969 (in short 'the rules). the appeal filed by the delinquent officer was allowed upsetting the judgment of the learned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(5)SC667; (1993)IILLJ807SC; 1992(2)SCALE642; (1992)4SCC455; [1992]Supp1SCR825; 1993(2)SLJ167(SC)
..... for emergency commission in the indian army in-1963 and after successfully completing the training he was commissioned and was appointed as deputy superintendent of police/ company commander in indo-tibetan border police in 1967 before his absorption in the latter cadre. he joined the dhani service on november 22, 1967 and after the formation of ..... dogra was not entitled to the benefit of the 1972 rules since he had already availed himself of the benefit of army service when he joined the indo-tibetan border police was rejected as devoid of merit on the ground that rule 5(1) of the 1972 rules was unambiguous and admitted of only one contention, ..... in september 1963. later in may 1967 he was appointed deputy superintendent of police/company commander in the indo-tibetan border police, a government of india class i post. he was relieved from the indian army and was permanently absorbed in the indo-tibetan border police in november 1967. after the formation of the state of himachal pradesh he .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)
..... are taken into account in the assessment of damages. the estimate of damages in that sense is a very delicate exercise requiring evaluation of many criteria some of which may border on the imponderable. generally speaking actions for damages are limited by the general doctrine of remoteness and mitigation of damages. but the hazards of assessment of once and for all .....
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 : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036
..... harm to the society. it depends upon how it is used. with the advance of technology, the number of channels available has grown enormously. national borders have become meaningless. the reach of some of the major networks is international; they are not confined to one country or one region. it is no ..... have even emerged between such vital functions as defense preparedness and experimentation in methods of averting midair collisions through radio warning devices. 'land mobile services' such as police, ambulance, fire department, public utility, and other communications systems have been occupying an increasingly crowded portion of the frequency spectrum and there are, apart from ..... directing that dd will have first priority and if there was any dispute on that account it would be resolved by the local head of the police administration at the venue concerned. they also directed the customs authorities, bombay to release the equipments imported for the purposes of twi with the condition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);
..... cannot do so at the instance of a higher authority who had not only no role to play in the matter but also admittedly was biased. [see commissioner of police, bombay v. gordhandas bhanji : [1952]1scr135 and union of india and ors. v. harish chandra goswami : 1999crilj2877 ]. bias against the respondent on the part of ..... to direct recording of evidence in terms of the act and the rules. according to the learned counsel. mr. garcha being a deputy inspector general of police could have further asked the commandant of a unit to take disciplinary measures against the respondent both in terms of rule 46 as also rule 16(7) ..... 000/- (rupees sixthousand only) from no. 90401117 recruit constable bhavesh kumar jha under training at subsidiary training center, bordersecurity force, hazaribagh for procuring his enrolment in the border security force.sd/-[m.s. arya]commandantplace: meru hazaribaghdate: 7 september, 1990i have heard the officer and he pleads 'not guilty'. remanded for preparation of record .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2013)1SCC1
K.S. RADHAKRISHNAN, J.1. We are, in these appeals, primarily concerned with the powers of the Securities and Exchange Board of India (for short 'SEBI') under Section 55A(b) of the Companies Act, 1956 to administer various provisions relating to issue and transfer of securities to the public by listed companies or companies which intend to get their securities listed on any recognized stock exchange in India and also the question whether Optionally Fully Convertible Debentures (for short 'OFCDs') offered by the appellants should have been listed on any recognized stock exchange in India, being Public Issue under Section 73 read with Section 60B and allied provisions of the Companies Act and whether they had violated the Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 [for short 'DIP Guidelines'] and various regulations of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)
Arijit Pasayat, J.1. Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court (Nagpur Bench) dismissing the writ petition filed by him holding that the order of compulsory retirement passed by the authorities was in order.2. The background facts leading to the passing of the order of compulsory retirement are as under:-Appellant was appointed to the permanent Commission as a Pilot Officer in the Logistics Branch of Indian Air Force on 14th April, 1973. Prior to his posting at Nagpur vide order dated 17th November, 1990 he was posted at Trivandrum since 28th October, 1987. During tenure of his service in the Indian Air Force, the appellant was posted at Leh in Laddakh, Nal in Rajasthan and few other places.3. Appellant was married to Mrs. Roopa Malhotra on 19th October, 1973 as per Hindu rites. The marriage was also registered with the Registrar of Marriage on 5th September, 1974. On 21st March, 1992, Mrs. Roopa Malhotra lodged a complai...
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...
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