Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... there being no corresponding provision like section 9 of the foreigners act which places the burden of proof upon the person concerned who claims to be an indian citizen, which is absolutely essential in relation to the nature of inquiry being conducted regarding determination of a person's citizenship (where the facts on the basis of which an opinion is to be formed and a decision is taken are entirely within the knowledge of the said person) has made the task of the ..... with the following directions :(1) the provisions of the illegal migrants (determination by tribunals) act, 1983 and the illegal migrants (determination by tribunals) rules, 1984 are declared to be ultra vires the constitution of india and are struck down;(2) the tribunals and the appellate tribunals constituted under the illegal migrants (determination by tribunals) act, 1983 shall cease to function;(3) all cases pending before the tribunals under the illegal migrants (determination ..... from the specified territory; and(b) has, since the date of his entry into assam, been ordinarily resident in assam; and(c) has been detected to be a foreigner;shall register himself in accordance with the rules made by the central government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such ..... state of tamil nadu, : 2002crilj2799 ..... in the country of origin (village, police station, district and ..... (name of village, district from which the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2735; [2006(110)FLR891]; JT2006(6)SC468; 2006(7)SCALE206; (2006)6SCC537; 2006(2)LC1065(SC)
..... the court or the tribunal must, therefore, be slow in granting an interim relief or continuation in service, unless prima facie evidence of unimpeachable character is produced because if the public servant succeeds, he can always be compensated, but if he fails, he would have enjoyed undeserved benefit of extended service and thereby caused injustice to his immediate junior.the position was succinctly stated by this court in ..... observed by this court:the object underlying rule 4 is to avoid repeated applications by a government employee for the correction of his date of birth and with that end in view it provides that a government servant whose date of birth may have been recorded in the service register in accordance with the rules applicable to him and if that entry had become final under the rules prior to the commencement of 1984 rules, he will not be entitled for alteration ..... a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent and that too within a reasonable time as provided in the rules governing the service, the court or the tribunal should not issue a direction or make a declaration on the basis of materials which make such claim only plausible. ..... need not be pointed out that any such direction for correction of the date of birth of the public servant concerned has a chain reaction, inasmuch as others waiting for years, below him for their respective promotions are affected ..... court in state of tamil nadu v. t.v. .....
Tag this Judgment!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
..... . a few illustrative cases mentioned by the constitution bench, wherein it may be `not reasonably practicable' to hold an enquiry, are:-(i) a situation which is of the creation of the concerned government servant himself or of himself acting in concert with others or his associates;(ii) though, the government servant himself is not a party to bringing about of a situation yet the exigencies of a situation may require that prompt action should be taken and not taking prompt action may result in the trouble ..... it may involve moral turpitude, it must be improper or wrong behavior; unlawful behavior, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgment, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character ..... . on the other hand, the learned counsel appearing for the respondents (writ-petitioners before the high court) submitted that the scheme of the army act and the rules made thereunder provides for an officer subject to the army act being dealt with either by a criminal court or by a court martial or by an appropriate action under section 19 of the act and cannot be subjected to duality of the proceedings, or to one ..... constitution bench decision has been followed by this court in state of tamil nadu vs . ..... on 7.2.1983 the respondent as informed that general court martial against the respondent was fixed to be convened on 28.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC350; [2002]108CompCas193(SC); (2002)1CompLJ205(SC); [2002(1)JCR339(SC)]; JT2001(10)SC466; (2002)ILLJ550SC; 2001(8)SCALE541; (2002)2SCC333; [2002]35SCL182(SC); 2002
..... when persons seek and get employment with such a company registered under the companies act, it must be presumed that they accept the right of the directors and the shareholders to conduct the affairs of the company in accordance with law and at the same time they can exercise the right to sell their shares. 50. ..... in southern structurals limited, the state of tamil nadu had acquired over 99% of shares and the company had become a government company ..... even though the workers may have interest in the manner in which the company is conducting its business, inasmuch as its policy decision may have an impact on the workers rights, nevertheless it is an incidence of service for an employee to accept a decision of the employer which has been honestly taken and which is not contrary ..... transfer of immovable property by a member of a scheduled tribe- (1) (a) notwithstanding anything in any enactment, rule or law in force in the agency tracts any transfer of immovable property situated in the agency tracts by a person, whether or not such person is a member of a scheduled tribe, shall be absolutely null and void, unless such transfer is made in ..... for example, apart from cases of disciplinary action, the services of government servants can be terminated if posts are abolished. ..... : (1983)illj45sc and it was also contended that even though there may be no loss of jobs in the present case but the taking away of the right or protection of articles 14 and 16 is the civil consequence and, therefore, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1843; [2003(97)FLR411]; JT2003(2)SC295; (2003)IILLJ150SC; 2003(2)SCALE481; (2003)4SCC579; [2003]2SCR387; 2003(2)SLJ334(SC); (2003)2UPLBEC1206
..... foster 1866 (17) qbd 536:'if a servant conducts himself in a way inconsistent with the faithful discharge of his duty in the service, it is misconduct which justifies immediate dismissal ..... state of tamil nadu and anr. ..... is sufficient if it is conduct which is prejudicial or is likely to be prejudicial to the interests or to the reputation of the master, and the master will be justified, not only if he discovers it at the time, but also if he discovers it afterwards, in dismissing that servant. ..... though, it was observed that the decision whether an enquiry was to be conducted or not and could be dispensed with the primarily that of the concerned authority, it could not be his ipse dixi and in a given case could be judicially ..... (conduct, discipline and appeal) rules, 1981 (hereinafter referred to as 'the rules') the disciplinary authority's could dispense with an ..... the rule 30 reads as follows:'rule 30 : special procedure in (sic) notwithstanding anything contained in rule 25 or 26 or 27, the disciplinary authority may impose any of the penalties specified in rule 23 in any of the following circumstances:- (i)xxx xxx xxx (ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an enquiry in the manner provided in these rules. ..... : [1983]144itr225(sc) ..... that he assaulted a senior officer and along with others ransacked the office creating chaotic condition, an order of dismissal was passed on 7.12.1983. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1405; JT2003(3)SC169; 2003(3)SCALE154; (2003)5SCC134; [2003]2SCR933; 2003(3)SLJ252(SC); 2003(2)LC897(SC)
..... the law of constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals, as defined and enforced by the courts: that, in short, the principles of private law have with us been by the action of the courts and parliament so extended as to determine the position of the crown and its servants; thus the constitution is the ..... sirs 1980 (1) all er 529:'it endangers continued public confidence in the political impartiality of the judiciary, which is essential to the continuance of the rule of law, if judges, under the guise of interpretation, provide their own preferred amendments to statutes which experience of their operation has shown to have had consequences that members ..... scheme under goms dated 18.4.1980 provides, inter alia, for payment of gratuity to the village officer at the time of demitting office after attaining the age of 58 years after ..... (2) orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an ..... tamil nadu ..... the conduct of government ..... promise or representation or by established past action or settled conduct. ..... conduct of business of the government of a state - (1) all executive action of the government of a state shall be expressed to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597
..... the enforcement of one's rights was bound to be not only prolonged but also very arduous and expensive and the decision of the legislature that the fight against the adversary should be consolidated and its conduct handed over to the government of india-it may perhaps have been better if it had been handed over to an autonomous body independent of the government but, as pointed out by our learned brother, ..... shri garg drew our attention, it has been clarified that government is not liable only if the tortious act complained has been committed by its servants in exercise of its sovereign powers by which it is meant powers that can be lawfully exercised under sovereign rights only vide nandram heeralal v. ..... suit which may be brought by the central government against union carbide under section 3 of the act would be a suit of the kind contemplated by the explanation to order 23, rule 3 of the cpc since the victims are not parties and yet the decree obtained in the suit would bind them. ..... tamil nadu ..... would seem more correct and proper not to disturb the orders of 14-15 february, 1989 on the ground that the rules of natural justice have not been complied with, particularly in view of the pendency of the review petition.166. ..... if, however, by any stretch of argument the provisions of the act could be construed so as to override the provisions of order 23 rule 3-b cpc, it was urged, the same would render the provisions of the act violative of the victims' fundamental rights and the actions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2717; 2009CriLJ3930; JT2009(7)SC385; (2009)6SCC77; 2009AIRSCW4165
..... state of tamil nadu and anr. ..... so to do in violation-- (i) of any direction of law prescribing the mode in which such trust is to be discharged, or (ii) of any legal contract made touching the discharge of such trust.ingredients of section 409 of ipc read as under:(i) the accused must be a public servant; (ii) he must have been entrusted, in such capacity, with property. ..... xxx xxx xxx whenever there were customer relations programmes conducted by the branch, the minutes of the programe will be sent to regional office. ex. d ..... a small customers meet was conducted on the occasion of inauguration of ..... 5.indisputably, a vigilance enquiry was conducted on or about 26.4.1989 at begum bazaar branch of the sbi wherein a report dated 18.1.1990 was submitted indicating that there has been a technical violation on the part of the bank officer, inter alia, arriving at the ..... the conduct of the gcs clearly indicates that there was no fraudulent or dishonest intention of either the gcs or the appellants in their capacities as office-bearers right at the time of making application for exemption.see also indian ..... abused their positions as public servants. ..... a4 to a6 are the employees working in begumbazar branch at hyderabad and they are public servants. ..... the purpose of weekly abstract is to furnish information to regional office for communicating rbi about time liabilities of the bank branch as the bank is to maintain certain reserves as per rbi rules. ..... i now identify the circular dated 24.6.1983 (ex. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC137; 2005(1)ESC19; JT2004(9)SC293; 2004(9)SCALE120; (2004)12SCC588; 2005(3)SLJ421(SC); (2005)1UPLBEC680
..... of the passage of 'retroactive laws' refers only to retroactive laws that injuriously affect some substantial or vested right, and does not refer to those remedies adopted by a legislative body for the purpose of providing a rule to secure for its citizens the enjoyment of some natural right, equitable and just in itself, but which they were not able to enforce on account of defects in the law or its omission to provide the ..... .--members of the service shall be appointed by the governor of haryana from time to time as required from among accepted candidates whose names have been duly entered in accordance with these rules in one or other of the registers of accepted candidates to be maintained under these rules:provided that if in the opinion of the state government the exigencies of the service so require, the state government may make special recruitment to the service by such methods as it may ..... state of tamil nadu ..... the government, however, amended the rules under which the retirement age was raised to 58 years and the government was empowered to retire the government servant after completion of 55 ..... case. as already noticed, some matters have been filed by those who took competitive examinations conducted by the commission and on account of their position on merit list, have been appointed to the advertised posts and, thus, are supporting the stand of the state government contending that the act is a ..... ors. : (1983)illj284sc the amending act was held to be violative of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... insurance premium due and payable to the appellant by the 2nd respondent would fall within the scope and ambit of section 5 of the admiralty courts act, 1861;(ii) whether refusing to reject the plaint under order 7 rule 11(a) upon holding that the plaint discloses a cause of action is a 'judgment' within the meaning of clause 15 of the letters patent of the bombay high court and was, thus, appealable; and(iii) ..... article 7 have therefore been drafted to reflect the modern law, while retaining the original principle in paragraph 1 that, in the absence of another rule of the lex fori arresti, the courts of the state where the ship has been arrested shall have jurisdiction to decide the merits of the ..... reference in this connection has been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be discouraged specially in the light of the judgment ..... this provision affected only the salver and the shipowner, the international groups of p&i; clubs have agreed a code of conduct giving their backing to the clause whenever a ship enters with the international group is salved by a member of the ..... tamil nadu ..... the respondent means to say that the petitioner should have stated in the petition that the respondent is not born of deo kumari devi said to be married to bhagwan singh in village adai. .....
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