Court : Supreme Court of India
Reported in : AIR1970SC329; 1970CriLJ499a; (1969)3SCC419; 1SCR87
..... order of the judicial commissioner, goa dated august 7, 1967.2. the defence of rev. father monteiro was that he was protected by the geneva conventions act, 1960, that the order of the lt. governor for his deportation was ultra vires the act and that he had committed no offence. the judicial commissioner and the two courts below have held, for different reasons, that the ..... about its own jurisdiction, the foundation for which must be in some enforceable law.14. prior to the geneva conventions act of 1960 there were the geneva convention act of 1911 and the geneva conventions implementing act of 1936. we need not consider them because by the twentieth section of the present act, the former ceases to have effect as part of the law of india and the latter is repealed ..... .7. this proposition being settled, mr. gardner sought support for his plea from the provisions of the geneva conventions act of 1960. that act was passed to enable effect to be given to the international conventions done at geneva in 1949. both india and portugal have signed and ratified the conventions. mr. gardiner relies on the provisions of the fourth schedule relative to the protection of certain persons .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... is always open to a state to incorporate in its laws the provisions of an international treaty, agreement or convention. in india the provisions of the geneva conventions have been incorporated in the geneva conventions act, 1960 (act 6 of 1960). according to the treaties of european communities, a state on becoming a member of the european economic communities ..... the aforesaid provisions in the indian independence act were enacted in line with the cabinet ..... exists in any of the independence acts in respect of other countries, enacted by the british parliament, e.g., ceylon independence act, 1947, ghana independence act, 1957, federation of malaya independence act, 1957, nigeria independence act, 1960, sierra leone independence act, 1961, tanganyika independence act, 1961, southern rhodesia act, 1965, jamaica independence act, 1962.182. i may mention that ..... s. 130. fifth, the power of amendment extends to every part of the constitution. in amending the constitution the general assembly acts in the character and capacity of a convention expressing the supreme will or the sovereign people and is unlimited in its power save by the constitution. ex-parte mrs. d. .....Tag this Judgment!
Court : Allahabad
Reported in : 1967CriLJ12
..... of the civil authority in a police officer contravenes the provisions of section 20 of the police art and the detention of the petitioner being against the provisions of the geneva convention act, 1960, must be struck down as unsustainable in law. learned counsel contends that the entrustment of the functions of the central government to the state government and to its ..... act do not come into play in a case of the present nature and there is nothing to show that the petitioner is not being treated in ..... , we have already held that section 20 of the police act does not create any bat for the respective police officers to function as civil authorities for the purposes of foreigners' (internment) order.9. the contention of the learned counsel that the detention of the petitioner is against the provisions of the geneva conventions act,1960. is again misconceived. the provisions of the aforesaid ..... of the central government under rule 3 of the registration of foreigners rules, 1939; in making orders of the nature specified in various clauses of section 3 of the foreigners' act, 1946, and under the foreigners' order 1948, subject to certain conditions. this notification has been issued by the president in exercise of the powers conferred by clauses of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All11
..... for the purposes of foreigners' (internment) order.9. the contention of the learned counsel that the detention of the petitioner is against the provisions of the geneva conventions act,1960, is again misconceived. the provisions ofthe aforesaid act do not come into play in a case of the present nature and there is nothing to show that the petitioner is not being treated in a ..... the learned counsel are that investing powers of the civil authority in a police officer contravenes the provisions of section 20 of the police act and the detention of the petitioner being against the provisions of the geneva convention act, 1960 must be struck down as unsustainable in law learned counsel contends that the entrustment of the functions of the central government to the state ..... of the central government under rule 3 of the registration of foreigners rules, 1939: in making orders of the nature specified in various clauses of section 3 of the foreigners' act, 1946, and under the foreigners order 1948, subject to certain conditions. this notification has been issued by the president in exercise of the powers conferred by clause 1 of article ..... visa in august 1956. the government of uttar pradesh moved the central government to determine the national status of the petitioner in accordance with section 9(2) of the citizenship act, 1955, and the rules made thereunder. a notice was issued to the petitioner to show cause. in response to that notice the petitioner sent a written representation to the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... as the prisoners of war and they are not amenable to the jurisdiction of domestic criminal courts. it is pointed out that the hague convention and other international covenants which are embodied in schedule iii of the geneva convention act, 1960 lay down the rules as to who the prisoners of war are and how they should be treated. in substance, it is contended ..... the preceding paras, we have already clarified that concept of war in section 121 which includes insurrection or a civilian uprising should not be understood in the sense of conventional war between two nations or sovereign entities. the normative phenomenon of war as understood in international sense does not fit into the ambit and reach of section 121.the ..... senior counsel mr. ram jethmalani also contended that terrorism and war are incompatible with each other. war is normative in the sense that rules of war governed by international conventions are observed whereas terrorism is lawless, according to the learned counsel. this contention presupposes that the terrorist attacks directed against the institutions and the machinery of the government can ..... of the expression by various high courts during the pre-independence days, the illustration to section 121 itself makes it clear that 'war' contemplated by section 121 is not conventional warfare between two nations. organizing or joining an insurrection against the government of india is also a form of war. 'insurrection' as defined in dictionaries and as commonly understood .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC892; 1993CriLJ600; 1992(3)Crimes199(SC); JT1992(5)SC213; 1992(2)SCALE338; (1992)4SCC305; Supp1SCR226
..... their arguments on the above propositions posed several ancillary questions of law. mr. bhagat made a special reference to the geneva convention act of 1960, the extra convention act of 1962, the international monetary fund and banking act of 1945, the diplomatic privileges act of 1964 etc. in support of his contention that the present mou cannot partake of the force of law and that ..... in the following words:in a public interest litigation, unlike traditional dispute resolution mechanism, there is no determination or adjudication of individual rights. while in the ordinary conventional adjudications the party structure is merely bi-polar and the controversy pertains to the determination of the legal consequences of past events and the remedy is essentially linked to ..... to articles 21 and 300a of the constitution?7. whether courts can take judicial notice of the mou without its being gazetted and ratified in compliance with the vienna convention on the law of treaties, 1969?8. whether the central bureau of investigation (cbi) is a legally constituted body and empowered with powers of registering and investigating ..... , delhi on recording his satisfaction that it should be issued. the petitioner has appended along with the application the copy of the order passed by the cantonal court, geneva. it is accompanied by its english translation. it clearly recites that application for judicial assistance should be sent back after completing the procedural formalities mentioned in the order. .....Tag this Judgment!
Court : Delhi
Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131
..... government of india and was deposited with the secretary general of the united nation on the 13th july, 1960. 3. the geneva convention shall cease to have effect between the contracting states on their becoming bound by the new york desirable to replace act vi of 1937 by a new piece of legislation. this bill provides for the filing and enforcement of ..... made on or after the 11th day of october, 1960, and the foreign awards made before that date will continue to be governed by the 1937 act.' 82. thus, the object of the fare act was to give legislative recognition to the new york convention. as a successor to the geneva convention the new york convention was aimed to energize and strengthen the machinery for ..... , section 11 confers power on the high court to make rules consistent with the act for effectuating the purpose of the same. 32. like arbitration protocol and convention act, 1937, which incorporated the geneva protocol and geneva convention as first and second schedules thereto, the fare act makes new york convention a part and parcel of itself by embodying the same as a schedule thereto, consisting ..... there of to contracts which were considered as commercial under the laws of india. for implementing and giving effect tothe protocol and the geneva convention, the arbitration (protocol and convention) act, 1937 was enacted. the objects and reasons of the act were as follows : 'the government of india have had for sometime under consideration the question of india's adherence to the .....Tag this Judgment!
Court : US Supreme Court
..... power to any penalties except those provided for in respect of members of the armed forces of the said power who have committed the same acts. id ., at 3384. similarly, article 66 of the geneva convention relative to the treatment of civilian persons in time of war a provision to which the court looks for guidance in interpreting common article 3, ..... 3 int l comm. of red cross,[ footnote 48 ] commentary: geneva convention relative to the treatment of prisoners of war 413 (1960) (hereinafter gciii commentary) (explaining that article 85, which extends the convention s protections to [p]risoners of war prosecuted under the laws of the detaining power for acts committed prior to capture, was adopted in response to judicial interpretations of the ..... extend liability for substantive war crimes to those who orde[r] their commission, see third geneva convention, art. 129, 6 u. s. t., at 3418, and this court has read the fourth hague convention of 1907 to impose command responsibility on military commanders for acts of their subordinates, see yamshita , 327 u. s., at 15 16. footnote 37 the other examples ..... 1929 convention, including this court s decision in yamashita ). the most .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... on the statute book to replace the arbitration (protocol and convention) act, 1923. the convention was meant to apply recognition and enforcement of ..... 1958 held at new york. this convention was duly ratified by the government of india and was deposited with the secretary general of united nations on july 13, 1960. the geneva convention was to cease to have effect between the contracting states on their becoming bound by the new york convention. therefore, foreign awards act, 1961 was required to be put ..... domestic legislation is introduced to attain the specified purpose, for which arbitration (protocol and convention) act, 1937 was put on the statute book with a purpose of making effective the geneva protocol of arbitration and geneva convention on the execution of foreign arbitral awards. the said act was put on the statute book as the government of india wanted to satisfy the ..... of international trade disputes was sought to be regulated by the aforesaid act, namely, arbitration (protocol and convention) act 1937. it should be noted that the said act was enacted to adapt the then prevailing practices of arbitration in india but it was felt that the geneva convention did not effectuate speedy settlement of international trade disputes on account of .....Tag this Judgment!
Court : Mumbai
Reported in : 1995(3)BomCR686; 92CompCas402(Bom); 1995(2)MhLj644
..... the area of recognition and enforcement of foreign awards. this was to remedy the defects in the geneva convention of 1927, which hampered the speedy settlement of disputes. this came to be ratified by india in 1960. india has embodied the provisions of the convention in the act of 1961. the definition of foreign award contained in section 2 is as follows : '2. definition. - in ..... this act, unless the context otherwise requires, 'foreign award' means an award on differences between persons arising out of ..... subject to commercial reservation as stipulated by section 2. the geneva protocol on arbitration 1923 was followed by the convention of 1927. the convention, inter alia, provided for conditions which are necessary for recognition or enforcement of a foreign arbitral award. under the act of 1937, one of the conditions was that the parties should be subject to the jurisdiction of two states. the .....Tag this Judgment!