Judgment Search Results Home > Cases Phrase: national security guard act 1986 section 67 summary security guard court Court: chennai Page 1 of about 494 results (0.102 seconds)

N. Ajimeer Khan Vs. District Collector and the District Magistrate, Ra ...

Court : Chennai

Reported in : 1995(1)ALT(Cri)144; 1994CriLJ2670

..... the learned counsel for the petitioners, while referring to the decision reported in : 1972crilj1010 (supra), has pointed out that section 3 of the west bengal (prevention of violent activities) act, presidents act 19 of 1970, is more specific in listing out the nature of activities considered to be amounting to violation of public order, unlike the provisions of the national security act, 1980 and in the absence of such specification only a restricted construction is called for. ..... sukhpal singh, : 1990crilj584 , it was held as hereunder :- '(8) the learned attorney general of india for the appellant assailing the findings of the high court submits that the high court's finding that there was no subjective satisfaction of the detaining authority simply because no criminal case was registered against the detenu for his public speeches is erroneous both in law and facts. ..... there is no reason why the executive cannot take recourse to its power of preventive detention in those cases where the court is genuinely satisfied that no prosecution could possibly succeed against the detenu because he is a dangerous person who has overawed witnesses or against whom no one is prepared to depose'. 15. ..... we consider it wholly unnecessary to deal with the above decisions individually for the reason that a reference to the later decision of the supreme court of india wherein the apex court reiterated and restated the law on the subject would sufficiently serve our purpose. .....

Mariya Anton Vijay Vs. the State Represented By,

Court : Chennai

..... the vessel has not been issued under any statute so as to visit the alleged violators with penal consequences under the arms act; g)the said circular refers to section 45(a) of the arms act which exempts arms and ammunition onboard a ship; h)even according to the final report, the crew and the security guards in the ship have not used the weapons in any manner and the weapons were merely in the ship's deck for which ..... it has been observed by the learned author that the legal order on the high seas is based primarily on the rule of international law which requires every vessel sailing the high seas to possess the nationality of, and to fly the flag of, one state, whereby a vessel and persons on board the vessel are subjected to the law of the state of the flag and in general subject to its exclusive jurisdiction ..... under: ".103.we also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the ..... commissioner of income tax, delhi [(2007) 9 scc665 in which, while interpreting section 271 of the income tax act, the supreme court has said that a penal provision has to be construed strictly and narrowly and .....

The Management of Institute of Road Transport Technology Vs. S. Arumug ...

Court : Chennai

Reported in : (2007)2LLJ312Mad

..... 29(c) held as follows,29 (c) on the third question referred to as to whether this court in exercise of supervisory writ jurisdiction under articles 226 and 227 of the constitution where a petition is filed seeking a relief by way of quashing of award given by the labour court, tribunal or national tribunal under section 11a of the industrial disputes act has limited jurisdiction to demolish the impugned award or not where according to the high court such award is palpably erroneous and whether in such case it can substitute ..... counter affidavit and contended that the respondents 1 to 5 are not employees of the management and were the employees of the contractors and that there is no master and servant relationship between the security guards and the appellant management and therefore the conciliatory efforts failed. ..... its own order in place of one made by such labour court, tribunal or national tribunal, the law is indeed clear. ..... further case of the workmen that in view of the above said denial of benefits, the security guards formed a trade union with registration no.32/94 and after knowing the same, i.e. ..... (1986) .....

M.D. Iqbal Basha and ors. Vs. Oil and Natural Gas Corporation Ltd. Rep ...

Court : Chennai

..... case is that, petitioners 1 to 6 were appointed originally as security supervisors at the corporation's regional office at chennai on contract basis; petitioners 7 to 23 were also appointed in the corporation's regional office at chennai as security guards and petitioners 24 to 27 were also appointed as security guards at the corporation's field stores, kumbakonam, thanjavur district on contract ..... requirements.this bypassing of the constitutional scheme cannot be perpetuated by the passing of orders without dealing with and deciding the constitutional validity of the interim and final orders of the supreme court and high courts which have issued directions for regularisation, permanent continuation or absorption without referring to the legal position obtaining thereby, and which have been relied on by the respondent employees to claim the ..... originally employed by the respondent corporation as security supervisors and security guards on contract basis, which is also ..... security guard/ ..... that the impugned order passed by the 3rd respondent is violative of articles 14 and 16 of the constitution as it is against the principles laid down by the apex court in air india's case (supra), wherein the apex court, though has categorically held that the principal employer is under statutory obligation to absorb the contract labour, the respondent corporation overlooked that ratio. ..... , 1986, under section 18(1) of the industrial disputes act, 1947 with the corporation to provide ..... national ..... national .....

Printing and General Workers Union Vs. Union of India (Uoi) and anr.

Court : Chennai

Reported in : [2001(89)FLR512]; (2001)ILLJ1578Mad

..... workmen are paid only a meagre amount besides being denied weekly leave or payment in lieu of weekly off, leave on national and festival holidays, that as early as 1976, the government of india issued a notification, dated december 9, 1976, under section 10 of the contract labour (regulation and abolition) act, 1970, prohibiting employment of contract labour for security and watch and ward service, that in spite of the said notification the second respondent continues to employ contract workmen ..... in the above writ petition, the petitioner printing and general workers union represented by its president seeks this court to issue writ of mandamus directing the second respondent herein namely, the national small industries corporation. ..... further the engagement of the workers through the contract of the second respondent is in the category of security guards, security supervisor and security officer. ..... he also further contended that the issue involved in the present writ petition as to the appropriate government has not been ultimately concluded by the supreme court as stated by the petitioner relying on the decision in air india statutory corporation v. ..... further it is averred in the counter that the right available to the trade union to raise an industrial dispute on behalf of the workmen under the provisions of the industrial disputes act, cannot be made applicable, to invoke the jurisdiction of this court, under article 226 of the constitution of india. .....

Somasundaram Super Spinning Mill. Vs. the Presiding Officer and anr.

Court : Chennai

..... in these circumstances, the second respondent issued notice, dated 01.08.2005 under section 14-b of the e.p.f act directing the petitioner to explain as to why the damages for belated remittances for the period 1991-92 and for the seven security guards shall not be levied on them.13. ..... subsequently, tamil nadu government nationalized the mill by passing somasundaram super spinning mills (acquisition and transfer) act, 1986. ..... the original owner of the mill filed w.p.no.1979 of 1988 before this court challenging the aforesaid acquisition by the tamil nadu government during the year 1988. ..... must take the necessary pleas in defence in the reply to the show-cause notice and must satisfy the concerned authority with acceptable material; if those pleas are rejected, he cannot raise them in the high court unless there is a clear pleading in the writ petition to that effect.34. ..... this court disposed of w.p.no.1979 of 1988 preferred by the original owner questioning the acquisition act and also other writ petitions referred to above preferred by the trade unions questioning the government order 287, on 30.01.1999 by a common order. ..... in the common order, this court quashed the government order in g.o.ms.no.287 and restrained the government of tamil nadu from handing over the mill to the original owner.7.at that juncture, the accumulated loss of the mill as on 31.03.1999 was 4.73 crores.8. .....

General Manager, Southern Railway Vs. J.B. Purushottam

Court : Chennai

Reported in : AIR1964Mad243; [1964(9)FLR118]

..... together, in the counter affidavit of the personnel officer of the railway held before this court, in the writ petition, it was further alleged that at this point, the general manager was advised to drop further proceedings initiated against the respondent and bitters under the railway services (safe guarding of national security) rules, 1949, but that action might be taken under rule 148 of the indian ..... railway establishment 'code.thereupon, on 25-5j1959, the respondent was informed feat it was decided to drop the action initiated against him made the railway services (safeguarding national security) ones and he was reinstated with immediate effect and directed ..... his activities, and on receiving an adverse report, he issued to the -respondent on 16-10-1951 a notice under the railway services (safeguarding of national security) rules 1949, and the was asked to show cause against punishment.the respondent made his representations and his case was referred to a committee of ..... the respondent that the department was satisfied about the respondent's subversive activities, that his retention in public service was prejudicial to national security, and that it was provisionally decided to terminate his services, and accordingly he was asked to show cause why action as ..... not prepared to act upon this admission made ..... act, .....

Ashok Leyland Ltd. Vs. Government of Tamilnadu

Court : Chennai

Reported in : (1991)ILLJ113Mad

..... reference made by the government is as follows : 'whether the demand that the security guards under contractors are eligible to get the same wages and other benefits enjoyed by the regular security guards of the ashok leyland, ltd. ..... it is also alleged that there is no dispute that the security guards are all employees of the third respondent and as such the government has made the reference without jurisdiction, at any rate against the petitioner ..... sanjay mohan, the learned counsel for the petitioner, also undertakes before this court that whatever award passed by the labour court against the third respondent, it will bind the petitioner-company. ..... the learned counsel also refers to another decision in employers in relation to punjab national bank v. ..... 10 of the industrial disputes act, 1947 (central act xiv of 1947). ..... 21 of the contract labour (regulation and abolition) act, 1970 (act, 37 of 1970). ..... he also says the petitioners-company shall not try to wriggle out of the award is occasion warrants, under the act 37 of 1970. ..... 10 of the act and as matters stand, the petitioner is not an employer as far as the workers who were working under the third respondent ..... the learned counsel refers me to rule 27(v)(a) of the tamil nadu contract labour (regulation and abolition) act, 1970, i.e. ..... 2(s) of the industrial disputes act, i.e. ..... sanjay mohan, the learned counsel for the petitioner, strongly argues that the dispute against the petitioners-company cannot be referred under the industrial disputes act. .....

M/s. Sri Amman Chemicals Vs. The Chief Controller of Explosives, Petro ...

Court : Chennai

..... policy decision having been taken in the interest of the national security, this court exercising jurisdiction under article 226, will not examine the correctness of the policy in particularly when the decision was taken in the interest of national security. 12. ..... thus, while rejecting the application submitted by the petitioner for grant of licence in form p-5, bearing in mind the interest of the national security, thought fit to restrict issuance of licence in favour of the ammonium nitrate users and the petitioner being a trader, rejected their ..... further submitted that the proceedings initiated by the customs authorities on the advice of the first respondent to sell the goods by auction to other licensees holding licence in form p-3 in exclusion of the petitioner, is violative of section 110a read with section 125 of the customs act which provides for the petitioner being entitled to redeem the goods on reasonable conditions and the goods not being prohibited goods, the petitioner has vested right to seek for redemption under ..... to the action initiated for disposal of the consignment, it is submitted that prolonged storage of the consignment is not only fraught with public safety, but also poses a security threat and therefore, the first respondent requested the third respondent to initiate necessary action with an advice to store the detained consignment in an isolated place under guard, away from naked flame or any substance of flammable nature liable to spontaneous ignition. .....

United India Insurance Co.Ltd. Vs. K.Pachiappan and anr.

Court : Chennai

..... the claimant himself has issued a letter dated 17.11.2011 to the investigator m/s.vasu associates that he is fixed with artificial limb and is working as a care taker/security guard in an abandoned petrol pump near priya kalyana mandapam, mogappair west, chennai-37 and is being paid a sum of rs.3,000/- as salary. ..... counsel further submitted that the claimant is now engaged himself as a security guard in a petrol pump and he has admitted the same in his ..... 2010 (2) tn mac 211 (db) (cited supra), a division bench of this court, while considering the case of an injured, who is a marine radio officer and who got his left hand amputated, fixed the disability at 80% and after considering section 4 and part ii schedule i of the workmens compensation act, this court awarded a sum of rs.7.5 lakhs as compensation for the amputation of left hand. ..... developments should be taken into consideration and to prove the same, the following documents have been produced namely (i) photo id card of the petitioner; (ii) discharge summary copy/disability certificate; (iii) letter from petitioner; (iv) photograph of the petitioner; and (v) video cd as additional evidence in the above matter. ..... that the tribunal has not awarded any compensation towards continuing permanent disability, when the claimant is entitled to the same as per the decision of the apex court dated 12.5.2011 in civil appeal nos.4330 and 4331 of 2011 in the case of b.kothandapani vs tamilnadu state transport corporation limited. ..... national .....