Court : Delhi
..... the cases of anand singh bisht and ajmer singh (supra) by the supreme court, also contains the words, and any other law relating to the armed forces of the union for the time being in force... the border security force act and rules, with which we are concerned, is one such special law relating to the armed forces of the ..... occasioned any failure of justice, thereby vitiating the trial.11. furthermore, the question of applicability of the provisions of code of criminal procedure to persons subject to the bsf act, was up for consideration before supreme court in union of india v. anand singh bisht, 1996 (10) scc 153.where its earlier decision in ajmer sin gh v ..... . union of india, (1987) 3 scc 340.was reiterated to the effect that the army, navy and air force acts are special laws in force conferring special jurisdiction and powers on courts martial; and section 5 of the code of criminal procedure .....
Tag this Judgment!Court : Delhi
..... of 169 by the government of the existing state of punjab for soil conservation measures in the catchment area of sukhna lake shall vest in the union of india. the thirteenth schedule to the act so far as it relates to the lands acquired for soil conservation measures in the catchment area of sukhna lake may also be reproduced hereunder:-""the ..... 2999/2014 page 85 of 169 lake falling within the territories of the states of punjab and haryana and ut chandigarh vests in the union of india in terms of section 48(5) of the punjab reorganization act, 1966 and it is not correct to confine it only to the area acquired under the two notifications mentioned in the thirteenth schedule.75 ..... of the city of chandigarh. it is also contended that the area over which the project is proposed to be developed vests with the union of india in terms of section 48(5) of the punjab reorganization act, 1966 and, therefore, the state of punjab has no power or authority to deal with the same.42. so far as writ petition .....
Tag this Judgment!Court : Delhi
..... of 169 by the government of the existing state of punjab for soil conservation measures in the catchment area of sukhna lake shall vest in the union of india. the thirteenth schedule to the act so far as it relates to the lands acquired for soil conservation measures in the catchment area of sukhna lake may also be reproduced hereunder:-""the ..... 2999/2014 page 85 of 169 lake falling within the territories of the states of punjab and haryana and ut chandigarh vests in the union of india in terms of section 48(5) of the punjab reorganization act, 1966 and it is not correct to confine it only to the area acquired under the two notifications mentioned in the thirteenth schedule.75 ..... of the city of chandigarh. it is also contended that the area over which the project is proposed to be developed vests with the union of india in terms of section 48(5) of the punjab reorganization act, 1966 and, therefore, the state of punjab has no power or authority to deal with the same.42. so far as writ petition .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)LC167Tri(Delhi)
..... .a person once found in possession, custody, or control of any primary gold is to be presumed owner thereof.31. even as regards criminal trials under this act, there is a provision contained in section 98b raising presumption of culpable mental state, which almost revolutionises the concept of criminal jurisprudence, raising a presumption of innocence ..... the general rules of criminal jurisprudence to which the learned counsel in these appeals repeatedly referred get diluted.30. it is to be seen that the gold (control) act, with which we are dealing in these appeals, contains such provisions as contemplated in the above quoted authorities, relieving the department of discharging the burden up to the ..... person proceeded against could be held liable to action under different provisions of the act. shri tirlok kumar placed reliance in support of his plea on air 1961 sc 264.in case amba lal v. union of india of ors. n.g. roy v. union of india and ors. and air 1971 tripura 3 amulya chandra paul v. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... the concerned and a recording with reasons as to the expediency of holding of an enquiry having been satisfied, the decision of this tribunal in j.p. yadav v. union of india and ors. delivered by the tribunal in an identical action by respondents, which has been affirmed in wp (c) no. 17458 of 2004 on 6.12. ..... -following the regular process of enquiry and in turn repercussion of violation of principles of natural justice has been negated.17. in the matter of protection of human rights act, 1993 and more particularly human rights, even in the matter of employer on sexual harassment to a woman employee the guidelines as well as norms formulated by the apex ..... go down. another aspect is the safety and security of such a student.unless the enquiry so conducted finds any false deposition, malice towards a particular teacher or an act of revenge or to teach such a teacher a lesson on application of mind by the commissioner, justice should be done to the concerned. accordingly, we have no hesitation .....
Tag this Judgment!Court : Delhi
..... arbitration. regulation 5.5 deals with the criteria and procedure for selection of persons eligible to act as arbitrators. regulation 5.5 (a) inter alia states that the list of eligible persons shall consist of 40% trading members and 60% non-trading members. regulation 5.6 sets out a detailed procedure for appointment of arbitrators. regulation 5.6 ..... the spirit of regulation 5.7 was to be complied with. how else could it be ensured that the arbitral tribunal would have a representation of trading and non-trading members in the ratio of 40:60? the failure to disclose the decision of the relevant authority meant that there was no material available with the ..... or before the pay-in-day (as fixed by nse for the concerned settlement period), whichever is earlier unless "the constituent has already an equivalent credit with the trading member." the loss, if any, would be met from the margin money of the constituent. further, where a member purchases or sells for the constituent without margins .....
Tag this Judgment!Court : Delhi
..... or civil liability which may be pursued in the ordinary course. ultimately the supreme court in those proceedings did grant compensation to those illegally detained.141. in union of india v. luithukla (1999) 9 scc273 the supreme court was in its habeas corpus jurisdiction considering the question of compensation for extra judicial killing. it ..... as a law that recognises the rights of mentally ill persons to treatment and care. the decision of the supreme court in saarthak registered society v. union of india air2002sc3693issuing detailed directions for the effective working of the mha is testimony to the fact that this is a neglected area.133. it is ..... under: 19. the trust and hope laid on the judicial magistrates in sheela barse vs. union of india, (1993) 4 scc204should have been fulfilled by the judicial magistrates by observing and enforcing the provisions of the mental health act, 1987, strictly when the suspected mentally ill persons are produced before them. the judicial magistrates .....
Tag this Judgment!Court : Delhi
..... the supreme court of india challenging the amendments effected to the code of civil procedure by the amendment act 46 of 1999 and amendment act 22 of 2002. amongst these was w.p.(c)no.496/2000 titled salem advocate bar assn. v. union of india. this writ petition came to be decided, along with connected writ petitions, by way ..... bar i); (2005) 6 scc344 salem advocate bar assn. v. union of india (salem bar ii) and (2010) 8 scc24 afcons infrastructure ltd. & anr. v. cherian varkey constructions co. pvt. ltd.34. extensive amendments were effected to the code of civil procedure by the legislature by act 46 of 1999. amongst the provisions inserted, was section 89 which provided ..... of the judgment dated 25th october, 2002 reported at (2003) 1 scc49 salem advocate bar assn. v. union of india ( .....
Tag this Judgment!Court : Delhi
..... area and it is alleged against the appellant anil kumar that to enquire from deceased jagannath, ram prasad and dharam pal, who were allegedly running a flesh trade, he brought them to the police station. he had brought them in the room of his divisional officer and, thus, he did not conceal them from ..... record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/ ..... two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of .....
Tag this Judgment!Court : Delhi
..... area and it is alleged against the appellant anil kumar that to enquire from deceased jagannath, ram prasad and dharam pal, who were allegedly running a flesh trade, he brought them to the police station. he had brought them in the room of his divisional officer and, thus, he did not conceal them from ..... record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/ ..... two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of .....
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