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 : AIR1999SC546; JT1998(5)SC344; 1999LabIC224; (1999)ILLJ194SC; (1998)4SCC133
..... pradesh high court, jabalpur bench, dated 6-3-1990 in mp no. 823 of 1988. 2. the respondent was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979. under the terms and conditions of the said employment offer, it was expressly stipulated that his service will be governed by rule 16 ..... his claim, found that the superannuation age of the respondent must be fixed at 58 instead of 55 which is the age fixed under rule 43 of the central reserve police force rules, 1955. 5. the appellant is aggrieved by the view taken by the high court fixing the superannuation age of the respondent, who was re-employed after ..... of the crpf rules and that other conditions of service will be governed under the provisions of the central reserve police force act and rules. it is also stated in the order of employment in para 5 as follows: 'if ex-army nk/sub-clerk bhola dutt is prepared .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2058; 2001(1)ALD(Cri)850; 2001ALLMR(Cri)1022(SC); 2001(2)ALT(Cri)197; 2001CriLJ2349; 2001(2)Crimes277(SC); JT2001(Suppl1)SC400; 2001(3)SCALE637; (2001)5SCC317; [20
sethi, j.1. leave granted.2. the respondent, who was a constable of indo-tibetan border police, was found over-drunk on 26th november, 1992 and absent at the time of the roll-call. it was alleged that under the influence of liquor he entered the house ..... of commandant of the battalion and thus committed the offence punishable under section 16(2) of the central reserve police force act, 1949 (hereinafter called 'the act'), by which he was admittedly governed. upon trial, the commandant of the battalion who was also having the powers of the magistrate of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2006(109)FLR277]; [2006(4)JCR21(SC)]; JT2006(2)SC565; 2006(2)SCALE465; (2006)3SCC97; 2006(2)SLJ405(SC)
..... shall be deemed to have acquired the right to be considered along with his juniors when the consideration was made. 3. the factual background is as follows:appellant joined the indo-tibetan border police force as a constable on 7.1.1967. in 1969 he was promoted as head constable. on 11.9.1973 he was suspended from service as a criminal case was ..... within 12 months failing which they were liable to be reversed. the appellant could not be considered for promotion as he did not have the basic qualification under the india-tibetan border police (non-gazetted telecommunication cadre) rules, 1983 (in short the 'rules'). the appellant had qualified grade ii test and grade i test in march 1984 and june 1986 respectively. he became .....
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
..... the high court directed the appellants herein original respondents to re examine the issue regarding grant of nffu to group a officers of the crpf, bsf and indo tibetan border police. however, vide an o.m. dated 28.10.2013 issued by the ministry of home affairs, the issue was decided against the original writ petitioners. ..... nos. 15, 22, 23, 24 and 25, the services which find places are rpf, boarder security force, central industrial security force, central reserve police force and the indo tibetan border police respectively. it is submitted that the said list was drawn having its source from dopt. 6.5 learned senior counsel appearing on behalf of the ..... patwalia, learned senior counsel has appeared on behalf of the respondents original writ petitioners and shri luthra, learned counsel has appeared on behalf of the indian police service central association. 4.1 shri lekhi, learned asg appearing on behalf of the union of india has vehemently submitted that the high court has materially .....
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 : 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 : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... the same in consultation with the government of sikkim. before sikkim joined india, buddhism was the state religion. the gazetteer 1864 of sikkim stated that 'lamas or tibetan buddhism is the state religion of sikkim'. the position continued till 1974 when the elections for constituent assembly were held. the case of the writ petitioner is ..... reasons would be upheld.71. we are of the view that the impugned provisions have been found in the wisdom of parliament necessary in the admission of strategic border-state into the union. the departures'are not such as to negate fundamental principles of democracy. we accordingly hold and answer contentions (b), (c) and (d ..... deemed to be the first assembly duly constituted under the said act.146. in order to give effect to the wishes of the people of sikkim for strengthening indo-sikkim cooperation and inter-relationship, the constitution of india was amended by the constitution (thirty-fifth amendment) act, 1974, as a result of which article 2 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... be imposed; only such levy can be justified as can betreated as part of regulatory measure. thus, the state's power to regulateperhaps not as emanation of police power but as an expression of thesovereign power of the state has its limitations. in our opinion theseobservations of the court lend support to the view we have ..... apart of the sovereign power of the state exercisable by the competentlegislature. brushing aside the need for discussion on the question -whether under the constitution the states have police power or not, thecourt accepted the position that the state has the power to regulate.however, in the garb of exercising the power to regulate, any fee ..... the purpose of regulation." (p.97)"suppose a charge is imposed partly for revenue and partly for regulation.is it a tax or an exercise of the police power? other considerations thanthose which regard the production of revenue are admissible in levyingtaxes, and regulation may be kept in view when revenue is the main andprimary .....
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