Court : Supreme Court of India
..... appeal.2. the appellant herein was serving as a head constable (ministerial) in the 15th battalion of the sashastra seema bal (ssb), bongaigaon. he was charged with violation of good order and discipline under section 43 of the shashastra seema bal act, 2007 (hereinafter referred to as the ssb act ), for having entered the mahila barrack of the battalion at around 00:15 hours, on the intervening ..... rank of constable and forfeiture of two years service for the purpose of promotion. she was also tried by the sfc for an offence under section 43 of the ssb act. it is submitted that therefore the learned single judge rightly interfered with the punishment of removal from service awarded by the disciplinary authority commandant holding that the same was disproportionate .....
Tag this Judgment!Court : Supreme Court of India
..... of the grievances redressal mechanism relating to sexual harassment at workplace. the 2006 standing order is reproduced below: - page 49 of 104 directorate general, sashastra seema bal (ssb), r.k. puram, new delhi-110066 2006 standing order12006 sub: grievances redressal mechanism : to redress grievances of women / sexual harassment at work ..... on hyper-technical interpretations of the applicable service rules. for instance, the sexual harassment of women at workplace (prevention, prohibition, and redressal) act 2013 penalizes several misconducts of a sexual nature and imposes a mandate on all public and private organizations to create adequate mechanisms for redressal. however, ..... (c) as regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the industrial employment (standing orders) act, 1946. (d) appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no .....
Tag this Judgment!Court : Supreme Court of India
..... ncb 3 up-stf 2 3 since the occupants of the car were not well- versed with hindi or english, an 4 official belonging to the shasastra seema bal was summoned at the spot for the purpose of translation as he hailed from manipur and was conversant with the manipuri language. the statements of the three accused ..... observed thus: considering the rival submissions of learned counsel for parties, going through the recovery memo, alleged statement of the applicant recorded under section 67 of the ndps act and the certification of shri l.h. kapin, it is evident that indisputably the alleged contraband was recovered from the wiper fitted on the front bonnet of ..... three accused persons would be reaching uttar pradesh. the complaint states that the information was immediately reduced to writing. therefore, the contention that section 42 of the ndps act was not complied with is prima facie misplaced. the question is one that should be raised in the course of the trial. 30 the following circumstances are .....
Tag this Judgment!Court : Supreme Court of India
..... court while summarizing the legal principles in paragraph 35(6) stated that the certified standing orders framed under and in accordance with the industrial employment (standing orders) act, 1946 are statutorily imposed conditions of service and are binding both upon the employers and employees, though they do not amount to `statutory provisions' and any ..... breached; (3) when the service of the employee is otherwise protected by a statute; and (4) where a right is claimed under the industrial disputes act or sister laws, termination of service having been effected in breach of the provisions thereof.39. the appellant corporation is bound to comply with the mandatory provisions ..... of these standing orders entitles an employee to appropriate relief either before the forum created by the industrial disputes act or the civil court where recourse to civil court is open according to the principles indicated therein. in bal mukund bairwa (2) : (2009) 4 scc 299, in para 37 of the report, the position .....
Tag this Judgment!Court : Supreme Court of India
..... it is contended on behalf of the appellant that this establishes the credibility of icbc within the indian commercial market.52. in the second schedule to the rbi act, icbc is listed in the same category of scheduled foreign banks in india as standard chartered bank, citi bank, american express banking corporation, hsbc limited etc. ..... on commercial law and practice.37. the icc task force on guarantees, the standing expert body created by icc in 2003 to monitor international guarantee practice, acted as a consultative body to the drafting group that produced five comprehensive drafts during the two-and-a-half-year revision process.38. the resulting urdg758were adopted ..... and commercial bank of china limited, mumbai, hereinafter referred to as icbc which is a scheduled bank included in the second schedule of the reserve bank of india act, 1934, and insisting that the appellant should furnish a fresh bank guarantee of the same amount, with identical terms, issued by a scheduled indian bank , .....
Tag this Judgment!Court : Supreme Court of India
..... interference and the present letter dated 05.05.2011 intending to cause embarrassment to the applicant and detract him from the ongoing investigation is clearly an act of interference that would jeopardize the ongoing investigation and thus hamper the petitioner from carrying out the directions of this hon ble court. 12 that ..... input, the directorate of enforcement had initiated discreet enquiries against m/s. sahara corporation and m/s. sahara india for alleged violation of foreign exchange management act, 1999. this investigation is handled by the present applicant, who made several enquiries with number of banks by issuing directives on 23.07.2010 and 28 ..... initiates the contempt proceedings in exercise of the powers conferred under article 129 read with article 142 of the constitution, irrespective of the provisions of the act and the rules to regulate proceedings for contempt of the supreme court, 1975. learned senior counsel placed considerable reliance on the judgment of this court in .....
Tag this Judgment!Court : Supreme Court of India
..... the collector ultimately granted the permission as directed by the government. thus, as can be seen, that instead of the statutory authority viz. the collector acting in accordance with the statutory mandate, only because a direction was given by the minister that the statutory authority was bypassed, and even the enquiry as ..... chapter viii restrictions on transfers of agricultural lands and acquisition of holdings and lands89transfers to non-agriculturists barred.- transfers to (1) save as provided in this act, non-agricul- turists barred a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land ..... for the reliefs as prayed. the petition enclosed the above referred news reports, as also the information obtained through enquiry under the right to information act, 2005 by one shri shashikant mohanlal thakker of madhapur village of taluka bhuj. this information contained the documents incorporating the file notings of the revenue department .....
Tag this Judgment!Court : Supreme Court of India
..... evidence to disprove the same can be allowed by the court. this is especially so when the parties to the marriage admittedly had 1for short, evidence act or the act , as the case may be 54 access to each other during the time when the child could have been begotten.4. the main contention of shri ..... of justice. by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing the presumption contemplated under section 112 of the evidence act. even though, as already stated above, undoubtedly the issue of legitimacy would also be incidentally involved.20. heavy reliance is also placed by shri kapil sibal, ..... direction issued by the court, the allegations would be determined by the court, by drawing a presumption of the nature contemplated in section 114 of the indian evidence act, particularly, in terms of illustration (h) thereof. vii. that by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing .....
Tag this Judgment!Court : Supreme Court of India
..... punishment prescribed under the criminal law even if they are not only the beneficiaries of the tampered examination process but also the perpetrators of the various acts which constitute offences contaminating the examination process. taking note of the observations extracted above, according to learned counsel, it would not be incorrect to ..... , should not be allowed to trounce, the cause of public good. further, if the undertaking as given was considered, and accepted, that itself would act as a deterrent, for other students in future. the undertakings given by these appellants is extracted below: the appellants would serve in government hospitals/government health ..... that there should be no judicial sympathy, to the advantage of persons, who secured admission by stratagem and trickery. it was accordingly submitted, that any act of bestowing legality on admissions acquired through such a selection process, would constitute a misuse of power vested in this court under article 142 of the .....
Tag this Judgment!Court : Supreme Court of India
..... , and the conduct of, all 40 elections to the council shall be vested in the state election commission constituted under section 237 of the goa panchayat raj act, 1994(act 14 of 1994). bar contained in articles 243zg(b) / 329(b) 32. the locus classicus on the subject is by an early judgment of this ..... that the election process culminates on or before 15.04.2021.23. part ixa of the constitution titled the municipalities was inserted by the constitution (seventy-fourth) amendment act, 1992 with effect from 1st june, 1993. article 243p defines municipal area and municipality as follows:243. . definitions. xxx xxx xxx (d) municipal area means ..... as has been found by the high court. contrary to assurances made before earlier division benches, the state government first amended section 10 of the goa municipalities act and thereafter published the impugned order reserving municipal wards for various categories, and then announced the elections without waiting for at least three weeks. the high court .....
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