Court : Mumbai
Reported in : 2004(4)MhLj561
..... petitioner-prisoner was transferred to nagpur central prison, nagpur on 26-12-1993 for undergoing the sentence.4. prior to the conviction, the petitioner was in custody of border security force police from the date of his arrest, i.e. 29-6-1991 till the date of his conviction, and therefore, he was in detention as an under-trial prisoner ..... or trial of the case, and therefore, the argument based on the objection against giving retrospective operation cannot be sustained.15. formerly there was no provision in the border security force act regarding the period of custody undergone by a person to be set off against the imprisonment but by the b.s.f. act no. 35 of ..... to set off for the period he has undergone detention as an under-trial prisoner, before the date of conviction.3. the petitioner was working as hawaldar (constable) in border security force. he was posted at putshahi village, district kupwada (j and k) in the year 1991 and was performing internal security duty. he was a member of .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)6; 96(2002)DLT602; 2002(62)DRJ361; 2003(1)SLJ48(Delhi)
M.K. Sharma, J. 1. This petition is filed by the petitionerpraying for quashing and setting aside of the orderdated 3.2.1995 whereby the petitioner was dismissedfrom service effective from the same date with afurther prayer to reinstate the petitioner inservice with full back wages and allowances. 2. The petitioner was appointed in BSF on14.12.1987 against a post of Sub-Inspector. the petitioner after successful training joined hisduty as Sub-Inspector. He was posted at BSF SectorHeadquarters (DIG Headquarters) Patgaon, GuwahatiAssam. After one year of service the petitionerwas transferred to 153 Bn. BSF, Panwari, Dist-DhubriAssam where he served for four years. Thereafterhe was transferred to 79 Bn. BSF at Tura Meghalayaon 28.8.1992 from 153 Btn. BSF. The petitioner,however, reported for duty in 79 Bn. BSF only on3.10.1992 after absenting for duties for 19 days.Thereafter, he proceeded on 14 days casual leavew.e.f. 9.12.1992 till 25.12.1992 for the treatmentof his wife. He was to resu...
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR141
..... be satisfactory and accordingly, the detention was upheld. the supreme court referred the earlier decision reported in hama dondu borade v. v.k. saraf, commissioner of police, : 1990(25)ecc50 wherein extracted a passage and relevant portion for our present purpose is as follows:-'what is reasonable dispatch depends on the facts and ..... detaining authority did not execute the order of detention. this is made clear in the affidavit of detaining authority and also in the affidavit of concerned police officer and other materials on record in the form of exchange of letters between several departments. for instance in the letter of the deputy director of enforcement ..... special judge requesting for directions for executing the detention order immediately and to take the detenu in custody under the order of preventive detention. then the police also moved the court and sought permission of the court for taking the detenu to custody. ultimately detenu came to be taken to custody by executing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1913; JT2002(4)SC271; (2002)3PLR248; 2002(3)SCALE714; (2002)9SCC108; [2002]3SCR226
..... 1990. the aforesaid resolution never reached the state government and thus no approval was granted.v) land measuring 8 acres 3 kanals and 7 marlas belonging to the border security force allegedly unauthorisedly encroached upon by the trust.26. when this petition came up for hearing on 24th july, 2001, the learned counsel appearing for the respondent ..... and hilltop. byk trust has built a road on to the site which presently passes through land earlier possession of byk trust but now restored to the border security force. the bsf has constructed a boundary wall on the land restored to it but presently there are no gates at the portion where the road ..... was donated for purposes not contemplated under the statute. it was further alleged that the respondent no.7 had encroached upon 10 acres of land belonging to the border security force. instead of constructing the hospital and the polytechnic for women, for which the land was apparently donated, the respondent no.7 built a sprawling farm- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC140; [1991]72CompCas651(SC); (1991)2CompLJ1(SC); JT1991(2)SC218; 1991(1)SCALE675; (1991)3SCC153; [1991]2SCR329
B.C Ray, J1. One Mr. Haresh Jagtiani, a practising advocate of the High Court of Bombay and a policy-holder under the Life Insurance Corporation of India and also holder of units issued by the Unit Trust of India and Mr. Shamit Majumdar, a holder of shares and debentures of Larsen & Toubro Ltd. filed a writ petition being No. 2595 of 1980 in the High Court of Judicature at Bombay against the Union of India and Ors. including the financial institutions questioning the legality and validity of the consent given by the Controller of Capital Issues for the proposed issue of convertible secured debentures aggregating Rs. 820 crores by Larsen & Toubro Limited insofar as the said issue seeks to offer such convertible debentures to persons other than the existing shareholders and members and the employees of Larsen & Toubro Limited and praying for quashing the same as well as for a declaration that the transfer of 39 lakh shares of Larsen & Toubro Ltd. held by Unit Trust of India, Life Insuran...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD823; 2006(1)ALT661; (2006)IILLJ448AP; 2007(1)SLJ459(NULL)
..... of reduction of rank in seniority lists (a & b lists) of constables fit for promotion as head constables in the andhra pradesh police subordinate service or andhra pradesh special police service.likewise, rule 20 of 1991 rules (hereinafter referred to as 'the present rules') dealing with procedure for imposing major penalties falling ..... of reduction of rank in seniority (a and b lists) of constables fit for promotion as head constables in the andhra pradesh police subordinate service or andhra pradesh special armed police service.rule 21 of the present rules dealing with action on the inquiry report also may be looked into, which reads as ..... ors. v. shakti raj and ors. : air1997sc2110 also had expressed similar views. in inspector general of police v. thavasiappan : (1997)iillj191sc the apex court while dealing with issuance of charge-sheet and departmental enquiry under tamil nadu police subordinate service (discipline and appeal) rules, 1955, the '2 judge bench' speaking through nanavati, j .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(6)ALD103(SC); (2006)205CTR(SC)53; [2006(4)JCR89(SC)]; JT2006(8)SC328; 2006(8)SCALE161; (2006)6SCC613
..... that the public prosecutor who was conducting the cases from the very beginning has been replaced by shri om shankar singh, a retired deputy superintendent of delhi police who has commenced law practice recently. it is also submitted that respondent nos. 4 and 5 are deliberately protracting the trial by taking unnecessary adjournments which, ..... director, cbi, presumably under pressure from the accused changed the prosecutor and appointed one shri oma shankar singh who was only a retired deputy superintendent of delhi police and had no experience of conducting the prosecution. according to the prosecution, this was done at the fag end of the prosecution case to help the accused ..... of crores of rupees in the department of animal husbandary in the state of bihar and pursuant to these allegations, several cases were registered by the police and investigation of these cases was later handed over to the central bureau of investigation. in an earlier petition filed before this court on 19.3.1996 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... of public duty. the 'public authority' for them mean every body which is created by statute-and whose powers and duties are defined by statute. so government departments, local authorities, police authorities, and statutory undertakings and corporations, are all 'public authorities'. but there is no such limitation for our high courts to issue the writ in the nature of mandamus'. article ..... that language. i hope, that will be the policy adopted all over the country, especially as, if there is going to be new linguistic revisions of the boundaries, all the border areas will be full of this problem. i hope the report of the linguistic provinces commission will contain some wise provisions to be adopted in this behalf. there should be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... symptoms of 'grave emergency' existed in sarawak at or before the time of the proclamation; that no disturbances, riots or strikes had occurred; that no extra troops or police had been placed on duty; that no curfew or other restrictions on movement had been found necessary and that the 'confrontation' with indonesia had already come to an end. ..... in recent years. a determined bid to storm the structure in october/november, 1990 resulted in some damage to the structure and loss of lives as a result of police firing. the central government was negotiating with various parties and organisations for a peaceful settlement of the issue. however, a new dimension was added to the campaign for ..... we may now examine the principles of judicial review evolved in the field of administrative law. as has been stated by lord brightman in chief constable of the north wales police v. evans [1982] 3 all er 141, 'judicial review, as the words imply, is not an appeal from a decision, but a review of the manner in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)404; AIR1996SC2481; 1996CriLJ3274; JT1996(6)SC529; 1996(5)SCALE233; (1996)5SCC216; [1996]Supp3SCR677
ORDERK. Ramaswamy, J. 1. In a clash of competing interests in constitutional contours, this case calls to strike a balance between the freedom of speech and expression, a salutary right in a liberal democratic society and paramount countervailing duty to maintain public confidence in the administration of justice. The petitioner had initiated public interest litigation under Article 32 of the Constitution to direct Sri P.V. Narasimha Rao, the President of India National Congress and the former Prime Minister of the country to pay a sum of Rs. 8.29 Lakhs and odd said to be due to the Union of India for use of Indian Air Force aircraft or helicopters from October 1, 1993 to November 30, 1993. When Writ Petition No. 432/95 was posted for hearing on July 17, 1995 before the learned Chief Justice of India and brother Justice S.C. Sen the Solicitor General for India, Shri Dipankar P. Gupta was sent for and the Court directed him to have the averments verified to be correct and directed the p...
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