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Dec 10 2004

Union of India (Uoi) and ors. Vs. Ram Sunder Ram

Court : Kolkata

Decided on : Dec-10-2004

Subject : Civil

Acts : Army Act, 1950 - Sections 17, 19, 20 and 72; ;Army Rules, 1954 - Rules 13(3), 177 and 182; ;Air Force Rules - Rule 137; ;Constitution of India - Article 33

Reported in : 2005(4)CHN361

case of S. K. Rao. In Cheema's case it was held that the object of Rule 137(g) of Air Force Rules is that the statements recorded in the Court of Inquiry shall not be admissible in evidence in … the writ petitioner/ respondent was discharged from army service under the provisions of section 20 of the Army Act, 1950 read with Army Rules 13(3)(V) read with Clause (v) of the Table and after affording the writ petitioner/respondent … collection of evidence. Such a Court of Inquiry was formed under Rule 177 of the Army Rules. Such a Court of Inquiry may consist of

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Jul 26 1968

Joginder Singh Vs. State

Court : Delhi

Decided on : Jul-26-1968

Subject : Criminal

Acts : Martial (Adjustment of Jurisdiction) Rules, 1952 - Rule 3; Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : 5(1969)DLT1

Code and the Army Act, the Naval Discipline Act and the Indian Navy (Discipline) Act, 1934, and the Air Force Act and any similar law for the time being in force as to the cases in which persons subject … in which the accused person is serving, and except in cases falling under Sec. 69 of the Army Act, 1950 (46 of 1950) in which death has resulted, the Officer Commanding the brigade or sub-area or station in … with the jurisdiction of the criminal Courts in enquiries and trials. Sections 177 deal with place of enquiry or trial; section 190 provides for cognizance … the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 framed under section 549 (1), Cr.P. C. (hereafter called the Rules) goes to the roto

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Jan 30 1953

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Decided on : Jan-30-1953

Subject : Constitution

Acts : Constitution of India - Articles 31, 31(2), 31(4), 31A, 31B, 200, 201 and 246; Government of India Act, 1935 - Sections 299(2); Orissa Estates Abolition Act, 1952 - Sections 1, 2, 5, 6, 26(1), 27(1), 37 and 38; Evidence Act, 1872 - Sections 35, 78 and 78(2); Tenancy Law; Madras Estates Land Act, 1908 - Sections 3(2), 3(10), 3(16), 168A and 177(2); Orissa Agricultural Income-tax (Second Amendment) Act, 1950 - Sections 1

Reported in : AIR1953Ori185

by the judgment in --'Shankari Prasad Singh v. The Union of India', AIR 1951 S. C. 458(A). In the light of this judgment, the main … before the new Constitution of India came into force. Schedule 9 of the Constitution, which has been … the Act as a whole came under challenge. There were also certain special arguments relating to Agricultural Income-tax Act, 1950 & to the Madras Estates Land (Orissa) Amendment Act of 1947, which is applicable to some only of … and Uttar Pradesh. Section 12-A, Madras Estates Abolition Act, 26 of 1948, Section 6, Bihar Act, 30 of 1950, Section 4(2) Madhya Pradesh Act 1 of 1951, and some of the detailed provisions contained in Section 10 and … in the Madras Estates Land Act. and by Section 9, a new Sub-section (2) has been added to Section 177 of the said Act. Under Section 168(1-A) of the Madras Estates Land Act prior to this amendment, the

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Jun 18 1993

Navrangpura Gam Dharmada Milkat Trust Vs. Ramtuji Ramaji and ors.

Court : Gujarat

Decided on : Jun-18-1993

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 1 to 87, 88, 88B, 88(1) and 311; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1958; Bombay Town Planning Act, 1954 - Sections 22(1), 23(1), 124 and 124(2); Bombay Public Trusts Act, 1950; Bombay Tenancy Vidarbha (Region and Kutch Area) Act, 1958; Bombay Provincial Municipal Corporations Act, 1949 - Sections 3(3); Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 - Sections 7; Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1955; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956; Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947; Agricultural Lands (Amendment) Act, 1966; Constitution of India - Articles 31, 31(2), 226 and 227; Code of Civil Procedure (CPC)

Reported in : AIR1994Guj75; (1993)2GLR1496

of the decision of the Supreme Court in the case of Mohd Yunus v. Mohd Mustaqim reported in AIR 1984 SC 38. In view of the aforesaid submission, it was prayed that the petition should be dismissed … 1974, the Gujarat Town Planning and Urban Development Act, 1976 came into force with effect from February 17, 1978, and as one of the submissions … in question was held by a trust which was registered under the provisions of the Bombay Public Trusts Act, 1950, and that the income of the trust was appropriated for the purpose of said trust, a certificate was … included and it was allotted F. Plot No. 177. The said draft Town Planning Scheme No. 19 … by the Guj. Revenue Tribunal in exercise of its revisional powers under Section 76 of the Tenancy Act, submissions in the course of hearing before

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Jun 27 1958

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

Decided on : Jun-27-1958

Subject : Criminal

Acts : Judicial Officer's Protection Act, 1850 - Sections 1; Code of Criminal Procedure (CrPC) , 1898 - Sections 156(3), 190, 200, 202 and 204; Limitation Act, 1908 - Schedule - Articles 2 and 19

cases where the officers acted in the discharge of their judicial duty. In Sewalram Agarwalla v. Abdul Majid, AIR 1938 Cal 177 (A), the Sub-divisional Officer, who had powers to issue an order for search and seizure … alleged that at the meeting the plaintiff asked them not to use force or oppose? the assailants if attacked, as they would not be able … Let me now consider how far the case is hiT by the provisions of the Judicial Officers Protection Act, 1950, and whether the defendants can ask for any immunity from bring sued in the civil court. It is … suspicions that the plaintiff was concerned in some cases committed y certain sections of the local majority community on the lands belonging to the plaintiff

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Apr 28 1959

Grison Knitting Works Vs. Laxmi Commercial Bank Ltd. and ors.

Court : Punjab and Haryana

Decided on : Apr-28-1959

Subject : Commercial

Acts : Indian Contract Act - Sections 107, 176 and 177; Transfer of Property Act - Sections 103, 169(2) and 196; Law of Property Act, 1925 - Sections 103 and 196; Civil Law; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 66 - Order 34, Rule 4

Reported in : AIR1960P& H98

Madholal Sindhu v. Official Assignee of Bombay, AIR 1950 FC 21, that where a pledgee, before the … taking a view inconsistent to this view but reference has been made to cooverji Umersey v. Mawji Vaghji AIR 1937 Bom. 26, in which B. J. Wadia J. held a notice under Section 176 to be an … threat of sale was held out against the defendants not only to force payment of the amount against which the goods were pledged, but also … sale', and those used in S. 177 are 'the actual sale', and this makes it clear that while Section 177 refers to the actual sale taking place on a definite date and at definite time and place, no … the fact of the provision in Section 176 of the Indian Contract Act, a contract to the contrary dispensing with notice before sale is not

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Nov 06 1950

Dr. Ram Babu Saksena Vs. State

Court : Rajasthan

Decided on : Nov-06-1950

Subject : Criminal

Acts : Extradition Act, 1903 - Sections 7; Indian Penal Code (IPC) - Sections 388 and 420; Adaptation of Laws Order, 1950; Code of Criminal Procedure (CrPC) , 1898 - Sections 177 and 197

Reported in : AIR1953Raj12

Supreme Court, delivered by His Lordship B.K. Mukherjea J., reported in -- 'Dr. Ram Babu Saksena v. State', AIR 1950 SC 155, at para 26: 'Obviously the Indian Dominion could pass any legislation it liked regarding matters … be discussed hereafter more fully. 15. It is a general principle of law that all crime is local. Section 177, Cr. P.C. lays down that 'every offence shall ordinarily be enquired into and tried by a court within … complicity with the Razakar movement in Hyderabad State, and the Azad Kashmir Forces in the Kashmir State, and thereby obtained from the Nawab a sum … the Regional Commissioner of Rajasthan, under Section 7 of the Indian Extradition Act XV of 1903. The offences under Sections 388 and 420 Penal Code,

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Apr 23 2004

Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.

Court : Andhra Pradesh

Decided on : Apr-23-2004

Subject : Civil

Acts : Andhra Pradesh Civil Courts Act, 1972 - Sections 9 and 17; Andhra Pradesh Civil Courts (Amendment) Act, 1989; Code of Civil Procedure (CPC) - Sections 24; Andhra Pradesh General Clauses Act - Sections 8 and 18

Reported in : 2004(5)ALD807; 2004(5)ALT755

July 12, 1926, when North Western Provinces Tenancy Act, 1901 (U.P. Act II of 1901) was in force. Section 177 of the Act gave right of appeal from the decision of the Asst. Collector to the District Judge, … 1947 was repealed by ordinances, which in their turn were eventually replaced by the Administration of Evacuee Property Act 1950, (Central Act XXXI of 1950). Section 27(1) of the Act empowered the Custodian General, either on his own … Bench of this Court reported in Motichand Jain v. Jaikumar M, : AIR2004AP136 (FB).3. The issue that arises for consideration is(a) Whether A.P. Civil Court

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Jul 17 1952

Chaman Lal Loona and Co. Vs. Dominion of India, New Delhi

Court : Punjab and Haryana

Decided on : Jul-17-1952

Subject : ContractArbitration

Acts : Indian Independence (Rights, Property and Liabilities) Order, 1947

Reported in : AIR1954P& H129

the -- 'Province of West Bengal v. Midnapore Zemindary Co. Ltd.1', AIR 1950 Cal 159 (B), in which the lease of a house which was … purpose will be the purpose after 15-8-1947.Our attention was drawn to -- 'Union of India v. Loke Nath', AIR 1952 Cal 140 (A); in which it was held that the contract for the carriage of goods between … that Clause 8 (i) applies to executory contracts and not executed contracts. This contention, however, is without any force as even a cursory examination of the phraseology of Clause 8 will show that if any liability under … of a Subordinate Judge, Ferozepore, dismissing an application under Section 20, Arbitration Act. The matter has been referred to a Division Bench by Kapur, J. … that arises for decision the provisions of Sections 177(1) and 150 of tne Government of India Act,

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May 24 1976

Ram Murti Wadhwa Vs. Union of India Etc.

Court : Delhi

Decided on : May-24-1976

Subject : Service

Acts : Army Act, 1950 - Sections 101; Army Rules, 1954 - Rule 95(1); Constitution of India - Article 226

Reported in : ILR1976Delhi691

Wing Commander O. P. Bhardwaj v. Union of India, 1966 D.L.T. 531 the petitioner was dismissed from the Air Force. He brought a petition under Article 226 of the Constitution. Dismissing the petition Kapur J. said : 'INcase … (62) For these reasons we would dismiss the appeal but make no order as to costs. (i) Army Act (1950) - Sections 101, 102 & 191--Court of Inquiry--who could order-whether the Commandant or the Colonel in charge (Admn.)--accused … to be bad. (16) The relevant provision in this regard is rule 177 : '177.Courts of Inquiry (1)A court of inquiry is an assembly of … of India, Ministry of defense, in exercise of the powers conferred by section 191 of the Act. The procedure of trial by a general court-martial

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