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Orissa State Road Transport Corporation Employees' Association of Unio ...

Court : Orissa

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 25-N; Constitution of India - Articles 226 and 227; Orissa State Road Transport Corporation (Classification, Recruitment and Conditions of Service) Regulations, 1978 - Regulations 49 and 116; Road Transport Corporation Act, 1950 - Sections 34; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957

Reported in : (2001)ILLJ927Ori

or retrenchment has led to thatdispute, but does not include any such person--(i) who is subject to the Air Force Act, 1950 (45 of,1950), or the Army Act, 1950 (46 of 1950), or theNavy Act, 1957 (62 of 1957); or(ii) … Transport Corporation (Classification, Recruitment and Conditions of Service) Regulations, 1978' (hereinafter referred to as 'Service Regulations') framed under section 34 of the Road Transport Corporation Act, 1950. In regulation 49, classification and categories of all the services … the Corporation. The Station Master has no work of managerial nature. Regulation 116 of the Service Regulations provides for termination of services and termination can

Sukhdev Singh Gill Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Service

Acts : Punjab Government National Emergency (Concession) Rules, 1965 - Rule 2; Army Act, 1950 - Sections 3, 4(1), 63, 73, 81(4), 113, 114 and 116(1); Constitution of India - Articles 33 and 352

Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664

Section 3(xi) of the Army Act which reads as follows:(xi) 'the Forces' means the regular Army, Navy and Air Force or any part of any one or more of them; 12. This Court also referred 7to Section 4(1) … considered the nature of the service in the G.R.E.F. and the applicability of certain provisions of the Army Act, 1950 for the purpose of taking disciplinary action against the Officers of the G.R.E.F. In that judgment this Court … to certain amendments in Sections 3, 63, 73, 81(4), 113, 114 and 116(1) of the said Act. In the above judgment, this Court noticed the

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 39(a), 116, 191, 71; Army Rules, 1954 - Rules 31, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 39

03.08.2001, Col. A.S. Sehrawat, Commandant, under his signature served a charge sheet under Section 39(a) of the Army Act, 1950 (for short, 'Army Act') on the respondent for the absence without leave for 808 days. The Commandant constituted … 07.09.2006, the present appellants preferred writ appeal. The Division Bench of the Gauhati High Court found that under Section 116 of the Army Act, the summary court-martial proceedings could be held by the commanding officer of any corps, … Section 4 of the Army Act makes applicable its provisions to certain forces under the Central Government. In exercise of the powers conferred by sub-section

Goswami Malti Vahuji Maharaj Vs. Purushottam Lal Poddar

Court : Kolkata

Subject : Property

Acts : Evidence Act, 1872 - Sections 64; ;Registration Act, 1908 - Section 33; ;Transfer of Property Act, 1882 - Sections 53A and 105

Reported in : AIR1984Cal297

the West Bengal Premises Rent Control (Temporary Provision) Act 1950 was in force and was applicable to the premises and therefore on the determination of … stage. It was held in paragraph 18 of this report relying on AIR 1929 PC 110:--'These reports were marked without any objection. Hence it is … the lease, the appellant applied to the Rent Controller under the provision of W.B.P. Rent Control (Temporary Provisions) Act 1950 for fixation of standard rent and the rent was fixed and accepted by the landlord. In October 1953 … contractual tenancy having come to an end, the tenant would be a tenant holding over if requirements of Section 116 of the Transfer of Property Act are satisfied. However, on the date of expiry of contractual tenancy, the

Kalawati Pandurang Fulzele Vs. Divisional Controller

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 2, 2(14), 3, 3(5), 10(2), 28 and 44; Industrial Disputes Act, 1947 - Sections 2, 25B, 25F and 25G; Industrial Disputes (Bombay) Rules, 1957 - Rule 81; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 2; Contract Labour Act; Labour and Industrial Law; Constitution of India - Articles 14, 15(1), 15(3), 38, 39, 41, 42, 43, 46, 47 and 227

Reported in : 2007(5)ALLMR80; 2007(5)BomCR177

retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of … treated as the one under Article 227 of the Constitution of India.FACTS3. The petitioner filed a complaint under Section 28 read with item (1) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of … and Ors. v. Karnataka Vidyuth Karkhana Ltd. and Ors.) 1999 I L.L.J. 116.vi) Inviting my attention to the settlement fled with C.A. No. 2821/04 she

Gwasha Lal and anr. Vs. Harji Lal and anr.

Court : Jammu and Kashmir

Subject : Tenancy

Acts : Jammu and Kashmir Houses and Shops Rent Control Act, 1966 - Sections 11(1) and 12(4)

Reported in : AIR1980J& K36

Sarma v. Nagendra Bala Debi, AIR 1952 Cal 879. Section 14 of the West Bengal Premises Rent Control Act, 1950 is the same literally as Section 12 of our Act. Dealing with Sub-section (1) of Section 14, Chakravarty … be neither curtailed nor even enlarged by anything to the contrary contained in any Act or law in force in the State. Sub-section (2) saves the operation of any contract or law which prevents the landlord from … hearing another revision in Gwasha Lal v. Harji Lal (Civil Revn. No. 116 of 1976) and referred the case to a Full Bench for resolving

M/S. Jessop and Co. Ltd. Vs. Aditya Estate Developers and ors.

Court : Kolkata Appellate

Subject : Land Acquisition

that on the date of expiry of the contractual tenancy the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 was in force and, therefore, the rights of such a person remaining in possession are governed by the … coming to the aforesaid finding. He referred to a decision reported at AIR 1996 SC 140 (R.V. Bhupal Prasad, appellant V. State of Andhra Pradesh … at sufferance. The said learned Counsel submitted that the learned Trial Court totally over looked the provisions of Section 116 of the Transfer of Property Act, 1982 while coming to the aforesaid finding. He referred to a decision

Secretary, O.N.G.C. Ltd. and anr. Vs. V.U. Warrier

Court : Supreme Court of India

Subject : ServiceCivil

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Oil and Natural Gas Commission Act, 1959 - Sections 32; Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993; Commission's Death-Cum- Retirement Payment of Gratuity Regulations, 1969 - Regulation 5; Payment of Gratuity Act, 1972 - Sections 2; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Central Civil Services (Pension) Rules, 1972 - Rules 3 and 9; Constitution of India - Article 226

Reported in : AIR2005SC3039; 2005(5)BomCR251; [2005(106)FLR63]; JT2005(4)SC489; (2005)IILLJ1040SC; 2005(2)MhLj985; (2005)5SCC245; 2005(2)SLJ486(SC); 2005(2)LC1023(SC)

holds a civil post under the Central Government or a State Government, or who is subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957.' (emphasis supplied)23. From the above definition, it is clear … which was filed on December 12, 2003. There was thus delay of 116 days in filing the review petition. The Division Bench rejected the Review … case of the Commission that the Commission is having a statutory status. In exercise of statutory powers under Section 32(1) of the Act, regulations known as the Oil and Natural Gas Commission (Death. Retirement and Terminal Gratuity)

Chandrakant Uttam Chodankar Vs. Dayanand Rayu Mandrekar and ors.

Court : Mumbai

Subject : ConstitutionElection

Acts : Representation of the People Act, 1951 - Sections 103; Constitution of India - Articles 102(1), 191, 191(1), 191(2), 239A, 356 and 367; Goa Khadi and Village Industries Board Act, 1965 - Sections 4, 4(2), 4(5), 8(3), 12(1), 15, 19(1), 20, 21, 22, 23, 24, 26(1), 26(2), 27, 28, 29, 30, 30(2), 31, 31(3), 31(6), 36(2), 36(4), 36(5) and 37; Goa Daman and Diu Khadi and Village Industries Board Rules, 1967 - Rules 5, 7, 7(1), 7(2), 7(3), 7(4), 8, 11 and 11(3); Parliament of Prevention of Disqualification Act, 1959 - Sections 2; Mysore Village Offices Act, 1908; Government of Union Territories Act, 1963 - Sections 3 and 14(1); ;Goa, Daman and Diu Members of the Legislative Assembly (Removal of Disqualification) Act, 1982 - Sections 2; Allowance and Pension of the Members of the Legislative

Reported in : AIR2006Bom16; 2006(2)ALLMR707; 2006(1)MhLj676

or Union Territory may under any law for the time being in force in the State or Union Territory relating to the Prevention of Disqualification … hand. Shri Thali has also referred to Sub-section (2) of Section 116-A of the Representation of the People Act, 1950 and has submitted that the respondent as a matter of right can approach the Supreme Court within a … the facts and circumstances in a given case. Again the case of Sushil Kumar v. Rakesh Kumar : AIR2004SC230 the Supreme Court has stated that the initial burden to prove the allegation made by the petitioner is

M/S.Sonali Rep. by Its Partner Mr.Amit K.Saiya, Vs. C.Balaji.

Court : Chennai

Subject : Land Acquisition

Acts : Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Section 25

However, on the date of expiry of the contractual tenancy the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 was in force and therefore the rights of such a person remaining in possession are governed by the … decision of Honourable Supreme Court in Dattonpant Gopalvarao Devakate V. Vithalrao Marutirao AIR 1975 Supreme Court 1111.22.In support of the contention that a concurrent finding … tenancy having come to an end, the tenant would be a tenant holding over if the requirements of Section 116 of the Transfer of Property Act are satisfied. However, on the date of expiry of the contractual tenancy