Judgment Search Results Home > Cases Phrase: railway protection force amendment act 1985 preamble 1 railway protection force amendment act 1985 Page 1 of about 13,504 results (0.246 seconds)

Om Prakash and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1996WLC(Raj)UC136; 1995(2)WLN67

..... now, keeping in view the fact that as per the preamble of the act, as amended by the railway protection force (amendment) act, 1985 and as has been provided section 3 of the act, the railway protection force has been treated as an armed force of the union, whether the restrictions imposed on the members of the railway protection force by rule 153 and 154.1 are reasonable restrictions or not, is to be ..... clear that by the railway protection force amendment act, 1985, major changes have been brought in the railway protection force act, 1957 and the railway protection force has now been categorised as an armed force of the union. ..... railway protection force act, 1957 came to be amended in the year 1985 by the railway protection force (amendment) act, 1985 ..... the railway protection force act, 1957 came into force in the year 1957 and its preamble provides that this act has been enacted in order to provide for the constitution and regulation of an armed force of the union for the better protection and security of railway property and ..... they are the creatures of the railway protection force act, 1957 and have been categorised as members of the armed force of the union, to which, article 33 of the constitution is fully applicable and, therefore, the members of the railway protection force will be governed by the provisions of the railway protection force act, 1957 and the railway protection force rules, 1987 as regards conditions of their services, holding of disciplinary enquiries and .....

Commanding Officer Railway Protection Special Force Mumbai Vs. Bhavnab ...

Court : Supreme Court of India

..... issues that arise for consideration20 having considered the rival submissions, the issues that arise for our consideration are: (i) whether a constable of a railway protection force (rpf) can be treated as a workman under section 2(1) (n) of the 1923 act even though, by virtue of amended section 3 of the 1957 act, he is a member of the armed forces of the union?. ..... by act no.60 of 1985, with effect from 20.09.1985, the preamble was substituted to read as follows: civil appeal no.3592 of 2019 page 20 of 31 an act to provide for the constitution and regulation of an armed force of the union for the better protection and security of railway property, passenger areas and passengers and for matters connected therewith.42. ..... . likewise, section 19 of the 1957 act, which was simultaneously amended vide act no.60 of 1985, with effect from 20.09.1985, along with section 3 of the 1957 act, declaring rpf as an armed force of the union, did not make any provision to exclude the applicability of the 1923 act ..... by act no.51 of 2003, with effect from 1.7.2004, the definition of railway servant as provided in section 2 (34) was amended as to read: railway servant means any person employed by the central government or by a railway administration in connection with the service of a railway; including member of the railway protection force appointed under clause (c) of sub-section (1) of section 2 of the railway protection force act, 1957 (23 of 1957) . .....

Hind Processors Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(69)ECC650

..... we have seen the preamble to the notification which refers to the schedule the central excise tariff act, 1985 which does not contain the 5th schedule. ..... it is correct that by virtue of the tariff amendment, the notification ceases to have any meaning. ..... was not available due to changes in the tariff with effect from 20.3.90 whereby all the sub-headings relating to several headings including heading 54 were removed from the schedule to the additional duties of central excise act, 1985. ..... 61 /87 as amended by notification no.46/90 was claimed by them. .....

Ram Shree Steels Pvt. Ltd. and anr. Vs. Dakshinanchal Vidyut Vitran Ni ...

Court : Allahabad

Reported in : 2007(1)AWC851

..... it clearly goes to show that the division bench of this court has not accepted the contention of the petitioners regarding protection of section 22 sub-clause (1) of the sick industrial companies (special provisions) act, 1985 and in view of the order dated 28.3.2006 as the petitioners admittedly defaulted in complying the order of this court and the cheque submitted by the petitioners were bounced as ..... board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which such sick industrial company is a party or which may be applicable to such sick industrial company immediately before the date of such order, shall remain suspended or that all or any of the ..... though the amendment in general rule for meeting the ends of justice in the matters like these, is not called for, nevertheless the commission is of considered view, that applying discretionary modification for annulment in a few circumstances, so that the literal terms of the rule do not negate the very intent, purpose and the preamble of any legislation, would restore heath to units in ..... enforceable as if the declaration had never been made; and(ii) any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceedings became stayed. .....

Kamalanand Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1986Delhi63; 1986LabIC1858

..... court, however, compared the functions and duties of drivers working in the delhi police force and other drivers in the service of the delhi administration and the central government and eventually gave to the drivers of the delhi police force parity of scale with the drivers working in the railway protection force, which was a central force and, thereforee, part of the central administration. ..... article 31-c which was inserted by the constitution (25th amendment) act, 1971, gave an ascendency to the directive principle of state policy over fundamental rights by providing that not withstanding the provisions of article 13 of the constitution, no law giving effect to the policy of the state towards securing all ..... it then pointed out that the principle was 'expressly recognised by all socialist systems of law', and enumerated quite a few, apart from the preamble of the constitution of the international labour organisation, which recognised the 'principle of equal remuneration for equal work' as constituting one of the means of 'achieving the improvement of conditions involving such injustice, hardship and privation to ..... ' in the case of randhir singh, the supreme court put its conclusion thus : 'construing articles 14 and 16 in the light of the preamble and article 39(d), we are of the view that the principle 'equal pay for equal work' is deductible from those articles and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification .....

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

..... the preamble of the 1957 act states that its object is to provide for the constitution and regulation of a force called the railway protection force for the better protection and security of railway property. ..... these appeals by special leave directed against judgments, dated january 17, 1974 and march 29, 1974, of the bombay high court, raise, among others, three important questions, namely :(1) whether an officer of the railway protection force, making an inquiry under the railway property (unlawful possession) act, 1966 (hereinafter referred to as the 1966 act), in respect of an offence under section 3 of that act of unlawful possession of the railway property, is a police officer for the purposes of section 25, evidence act and section 162 of the crpc. ..... it may be recalled that in the objects and reasons of the bill, which was enacted as 1966 act, it was stated that this measure invests 'powers of investigation and prosecution of offences relating to railway property in the railway protection force in the same manner as in the excise and customs'. ..... (2) whether a person arrested by an officer of the railway protection force under section 6 of the act for the alleged commission of an offence under section 3 of the act, is a 'person accused of an offence' within the meaning of article 20(3) of the constitution. ..... as is evident from its preamble, it is an act to consolidate and amend the law relating to unlawful possession of railway property. .....

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... amending the preamble of the constitution 42nd amendment act ..... comprehensive entry 42 in list iii as a result of the constitution (seventh amendment) act leaves no doubt that an acquisition act of this kind falls clearly within the ambit of this entry and, therefore ..... acquisition of only a limited and not an absolute title in the disputed property by the central government, sections 6 and 7 read together give a clear indication that the acquisition of the disputed property by this act is for a particular purpose and when the purpose is achieved the property has to be transferred in the manner provided in section 6; and the central government is obliged to maintain the status quo as in ..... setalvad lecture, stated thus:as stated above, religious tolerance and equal treatment of all religious groups and protection of their life and property and of the places of their worship are an essential part of ..... therefore, to maintain status quo as on 7th january, 1993 when the law came into force modifying the interim orders in the suits to that extent by curtailing the practice of worship by hindus in the disputed area to the extent it stands reduced under the act instead of conferring on them the larger right available under the court orders till intervention was ..... setalvad in patel memorial lectures - 1985, on secularism, referring to the indian concept of secularism, stated thus:.the coming of the partition emphasised the great importance of secularism, notwithstanding the partition, a large .....

Dr M. Ismail Frauqui and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1

..... amending the preamble of the constitution 42nd amendment act ..... as the case may be, and all registers, maps, plans, drawings and other documents of whatever nature relating thereto(2) all properties aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them and any attachment, injunction decree or order of any court or tribunal or ..... after referring to the setalvad lecture, stated thus:as stated above, religious tolerance and equal treatment of all religious groups and protection of their life and property and of the places of their worship are an essential part of secularism enshrined in our ..... on revival of suits is, therefore, to maintain status quo as on 7th january, 1993 when the law came into force modifying the interim orders in the suits to that extent by curtailing the practice of worship by hindus in the disputed area to the extent it stands reduced under the act instead of conferring on them the larger right available under the court orders till intervention was made by legislation.91. ..... make a claim upon and assail the place of worship of another religion and by dint of numbers create conditions that are conducive to public disorder, it is the constitutional obligation of the state to protect that place of worship and to preserve public order using for the purpose such means and forces of law and order as are required. .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... the constitution forty second amendment act introduced 'socialism' in the preamble and made explicit of what is ..... the post held by a permanent servant is abolished, or the whole of the cadre to which the post belonged is brought to an end and the railway servant's services are terminated in consequence, that cannot amount his removal because the termination of his service is not based on any consideration personal to the ..... given by an employee, but the reason justifying their action should be recorded.rule 148(4) reads:in lieu of the notice prescribed in this rule, it shall be permissible on the part of the railway administration to terminate the service of a railway servant by paying him the pay for the period of notice.rule 149(3) reads:other railway servants: the services of other railway servants shall be liable to termination on notice on either side for the periods shown below. ..... under statute or statutory rule or regulation or instructions having statutory force to remove or dismiss an employee the question arises whether they need at least minimum protection of fair play in action.34a. ..... his concurring judgment but dealing with the same point of unguided provisions of rule 148(3) of the railway establishment code, had not supported that view and had struck down the rule as being violative of ..... north east frontier railway [1985] 5 scr 683, where rules 148(3) and 149(3) of the indian railway establishment code had been challenged on the ground that these rules were contrary to .....

Ashok Kumar Gupta and anr. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : JT1997(4)SC251; 1997(3)SCALE289; (1997)5SCC201; [1997]3SCR269; (1997)2UPLBEC1417

..... the constitution has provided in their favour protective and positive discrimination by providing for reservation in promotions as part of equality of opportunity, status, social and economic justice, dignity of person which were given effect to by the constitution (77th amendment) act, 1995. ..... this court, therefore, is not bound to accept an interpretation which retards the progress or impedes social integration; it adopts such interpretation which would bring about the b ideals set down in the preamble of the constitution aided by part iii and part iv-a truism meaningful and a living reality to all sections of the society as a whole by making available the rights to social justice and economic empowerment to the weaker sections, and by ..... by judicial review, the glorious contents and the trite realisation in the constitutional words of width must be made vocal and audible giving them continuity of life, expression and force when they might otherwise be forgotten or ignored in the heat of the moment or under sway of passions or emotions remain aroused, that the rational faculties get befogged and the people are addicted to take immediate for ..... tliomus's case mdakhil bharatiya soshit karamchari sangh (railway) v. ..... it is also contended that having declared the promotions under articles 16(1) and 16(4) of the constitution as unconstitutional, overruling the judgment of a bench of five judges of this court in the general manager, southern railway v. .....