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Judgment Search Results Home > Cases Phrase: national security guard act 1986 chapter iv punishments Page 1 of about 350 results (0.131 seconds)

Mar 12 2019 (HC)

Amit Nehra vs.union of India Ard Ors

Court : Delhi

..... petitioner s name was not considered for deputation to the national security guard (nsg). w.p. ..... petitioner is that in terms of section 2.41 of the above instructions, any officer facing a general security force court ( gsfc ) and similar contingencies could not have written/ reviewed the apar s of his subordinates during the pendency of such proceedings. ..... petitioner for 2015-16 was written by respondent no.3 on 21st june, 2016 whereas the scoi against respondent no.3 concluded on 24th june, 2016 when as a punishment he was posted out of the 144th battalion.16. ..... petitioner, the only punishment given to respondent no.3 on the conclusion of the scoi was that he was posted outside the 144th battalion and transferred to the 50th battalion, which was on the move to the station headquarters rajouri in jammu. ..... petitioner who joined the border security force (bsf) as assistant commandant (ac) in october, 2011 has filed this petition for quashing his annual performance appraisal report (apar) for the year 2015-16 as being malafide and contrary to the applicable rules. ..... in terms of the apar, procedure and instructions-2012 (chapter iii section 3.4) the... ..... in other words, it must appear on the face of the record that in assessing overall performance of giving grade to an officer in his acr, the authorities had acted fairly and without any bias in fact. 25. ..... he justify his act illogically." 13. .....

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Apr 24 2002 (SC)

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

..... order of the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any ..... article which he has reason to believe may furnish evidence of the commission of any offence punishable under this act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing of forfeiture under chapter va of this act; and(d) detain and search and, if he thinks proper arrest any person whom he has reason to believe to have committed any offence punishable under this act :provided that if such officer has reason to believe that a search warrant or authorization ..... in the larger interest of national security and military discipline parliament in its wisdom may restrict or abridge such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizen not entitled to the benefits of ..... the petitioner was thereafter placed under arrest in military custody and was put in the quarter guard of his unit aforesaid and f.i.r. no. .....

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May 23 2001 (HC)

State of U.P. and Others Vs. Param Hansh Singh

Court : Allahabad

Reported in : [2000(85)FLR9]; 2002LabIC158; (2001)2UPLBEC1685

..... raids, checking and chasing of criminals and hence minimum physical requirement has been made mandatory, in para 21, it is averred that excise constable has to participate in raids, chase and over powering the criminals, serve as security guards for raiding and inspecting parties, make personalsearches on the basis of information regarding excise and narcotic goods. ..... section 50 thereof provides that any officer of the excise department may arrest without warrant any person found committing an offence punishable under sections 60, 62, 63 or 65 and may seize and detain any intoxicant or other article which he has reason to believe to be liable to confiscation under the act or other law for the time being in force relating to excise revenue and may detain and search any person upon whom, and any vessel, vehicle ..... who has :(i) served in the territorial army for a minimum period of two years :(ii) has obtained a 'b' certificate of the national cadet corps : shall other things being equal, be given preference in the matter of direct recruitment.rule 13. ..... candidate is finally approved for appointment to the service, he shall be required to produce a medical certificate of fitness in accordance with the rules framed under fundamental rule 10 as contained in chapter iii of the financial hand book, volume ii. ..... chapter ix of the act deals with the powers and duties of ..... the provisions of chapter viii, rule 5 of allahabad high court rules do not prohibit filing of a special appeal against an .....

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1852

In Re Kaine

Court : US Supreme Court

..... interpretation of its provisions, and is one, while it secures the punishment of the offender, guards the citizens and subjects of the respective countries against any abuse ..... taken place, not only as to the jurisdiction of the commissioner but also in respect to their interpretation of the treaty and act of congress passed to carry it into effect, and as the questions involved were of considerable interest of themselves, and concerned deeply the two nations who were parties to the treaty, on the return to the writ i entered an order directing that the case be heard ..... states, the judges of the several state courts, and also commissioners appointed for the purpose by any of the courts of the united states, are severally vested with power and jurisdiction to act on complaint made under oath charging a person with having committed any of the crimes enumerated within the foreign jurisdiction, and to issue a warrant for the apprehension of the person charged ..... , in this case, exercise any part of the judicial power of the united states, and no mode has been provided by law to transfer the case on which he acted into any court of the united states, and thus bring that case under the judicial power, this court can have no appellate control over it, because its appellate power cannot ..... by the 6th and 7th victoria, chapter 76, it is enacted "that in case a requisition shall at any time be made by the authority of the united states in pursuance of and according to the said treaty for the .....

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Apr 11 2001 (SC)

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

..... in spite of such revision having not been confirmed once again and s subsequent revision of finding or sentence being not contemplated by the provisions of the act; further a revised (sic) having been provided by section 160;v) a person subject to the provisions of army act having secured a stay order from a court of law on commencement of court martial and by the time the stay order is vacated by the court of ..... his explanation and defence:provided that the chief of the army staff may withhold from disclosure any such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the state.in the event of the explanation of the officer being considered unsatisfactory by the chief of the army staff, or when so directed by the central government, the case shall be ..... expiry of the period of limitation for commencement of court martial was to be given effect to, the consequence to follow would be that the person would not be liable to be inflicted with a wide variety of punishments awardable by court martial under section 71; nevertheless he would be liable to be dismissed or removed from service under section 19, though that action shall be capable of being taken subject to formation of opinion as ..... chapter vii deals with ..... very nature of the things, a cautious approach has to be adopted while interpreting the several legal provisions, the security of the state and welfare of the nation being supreme ..... and preserving the national independence .....

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Mar 27 1950 (HC)

M.R. Venkataraman Vs. Commissioner of Police and anr.

Court : Chennai

Reported in : AIR1951Mad1015

..... , and the subordinate constitutional status of the member states of the union, the laws and other acts of these states should have their validity tested by the provisions of the united states constitution, is, of course, a very different proposition from that which holds that measures enacted by the national legislature must meet the requirements of the national constitution, for, in the one case, we have to deal with an inferior political body 'vis a vis' a ..... subject in the free enjoyment of his life, his liberty, and his property, except as they might be declared by the judgment of his peers or the law of the land to be forfeited, was guaranteed by the twenty-ninth chapter of 'magna charta', 'which alone', says sir william blackstone, 'would have merited the title that it bears of the great charter. ..... inherent and reserved powers of the state, exerted within the limits of those fundamental principles of liberty and justicewhich lie at the base of all our civil and political institutions, and the greatest security for which resides in the right of the people to make their own laws, and alter them at their pleasure.'17. ..... be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one which has acted under it, and no one can be punished for having refused obedience, to it before the decision was made. ..... also constitutional for a governor in time of public danger caused by insurrection, to call out the national guard and. .....

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May 11 2000 (HC)

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

..... commandant shall hear the charge against all ranks under sub-rule (1) of rule 44 and may:- (i) award any of the punishments which he is empowered to award, or (ii) dismiss the charge, or (iii) remand the accused, for preparing a record of evidence or for preparation of an abstract of evidence against him, or (iv) remand him for trial by a summary security force court: provided that, in cases where the commandant awards more than 7 days imprisonment or detention he shall record the substance ..... investigation into an offence alleged to have been committed by a person subject to the border security force act 1968 (for short 'the act') is dealt with under chapters v to vii of the rules. ..... in the present case it appears that when it came to the knowledge of the commandant that an offence of taking money from a foreign national had been reported, he took upon himself to deal with the case in the first instance and, thereforee, dealt with it under proviso to rule 44 and proceeded to deal with it under rule 45 which reads as follows: '45. ..... after discussion with bop personnel, comdt called si om prakash in my presence and inquired as to whether bd take was extracted from apprehended bd national, who was released later on, to this si om prakash admitted his guilt, saying that 'mujhse galti ho gaya. ..... si om prakash told me that 4,000/- bd take was received from the relative of apprehended bd national and the same was converted into indian currency and share of mine have been given to me. .....

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Aug 29 2012 (SC)

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... finally, the whole operation at all the three places, hotel taj, hotel oberoi and nariman house, was handed over to the national security guards who were able to clear the sites but not before the terrorists gave them a stiff resistance. ..... a complete and ocular account of the final encounter of the two terrorists with the national security guard (nsg) commando may be seen in the evidence of rajesh ganpat kadam (pw-215) who was the assistant chief security officer, hotel oberoi, and who was accompanying the nsg commandos headed by colonel rathi and lt. ..... . (1) any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:1[provided that any confession or statement made under this sub-section may also be ..... . the trial court has awarded five (5) death sentences to the appellant for the offences punishable under:i) section 120b ipc read with section 302 ipc for conspiracy to commit murder;ii) section 121 ipc for waging war against the government of india;iii) section 16 of the unlawful activities (prevention) act, 1967;iv) section 302 ipc for committing murder of 7 persons;v) section 302 ipc read with section 34 and section 302 ipc ..... . ut of arunachal pradesh [(1986) 2 scc 401]).488 .....

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Aug 30 2011 (SC)

C. Venkatachalam Vs. Ajitkumar C. Shah and ors.

Court : Supreme Court of India

..... however, at this stage we hasten to add that the national commission being aware of a possibility of misuse of the right by an agent had framed regulation 30-a of the consumer protection act, 1986, wherein certain restrictions on the right of audience and also certain precautions to rule out any misuse of liberty granted has been taken by way of framing ..... the consumer protection act, 1986 was amended in the year 2002, in pursuance to the united nations resolution passed in april, 1985 indicating certain guidelines under which the government could make law for better protection of the interest of ..... sections 35, 36 and 37 lay down the procedure for trying complaints, punishment and an appeal to the bar council of india from the orders passed by the state ..... addition to administering social security retirement and disability payments, the social security administration (ssa) handles disputes arising from social security payments or the lack ..... to effectuate this objective, a provision has been made in chapter ii of the act for the constitution of `the central consumer protection council' and `the state consumer ..... the relevant part provides as under:- (6) a consumer forum has to guard itself from touts and busybodies in the garb of power of attorney holders or authorised agents in the proceedings ..... appearance of voluntary consumer organization: (6) a consumer forum has to guard itself from touts and busybodies in the garb of power of attorney holders or authorized agents in the proceedings .....

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Jan 12 1988 (SC)

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC1115; (1988)1CompLJ81(SC); JT1988(1)SC69; 1988(1)SCALE54; (1988)1SCC471; [1988]2SCR530; 1988(1)LC512(SC)

..... (protection) act, 1986, which has also been referred to in our earlier judgment, also contains certain provisions relating to the control, prevention and abatement of pollution of water and one significant provision in that act is what is contained in section 17 thereof, which provides that where an offence under that act is committed by any department of government, the head of that department shall be deemed to be guilty of the offence and is liable to be punished.7. ..... of the latter is emphasised by the fact that in the absence of adequate measures for the prevention or control of water pollution, a nation would eventually be confronted with far more onerous burdens to secure wholesome and adequate supplies of water for different purposes. ..... farm or factory:(vii) the management and maintenance of all mahapalika waterworks and the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes; (viii) guarding from pollution water used for human consumption and preventing polluted water from being so used; 3. ..... sub-section (3) of section 1 of the adhiniyam, which is to be found in its 1st chapter, provides that the ist chapter of the adhiniyam shall come into operation at once and the remaining provisions in relation to a city shall come into operation from such date as the state government may by notification in the official gazette ..... powers of the mahapalika and mahapalika authorities are set out in chapter v of the adhiniyam. .....

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