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Ex-signalman Shri Bhagwan Vs. Union of India (Uoi) Through the Secreta ...

Court : Delhi

Subject : Service

Acts : Constitution of India - Article 226; Army Rules, 1954 - Rule 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(3), 14, 17, 19, 20, 21, 22, 23 to 25 and 27; Army Act, 1950 - Sections 22, 191, 191(2) and 192; Army Pension Regulations, 1961 - Regulations 12, 20, 21, 22, 165, 167, 173, 173A, 183, 185, 187 and 188; defense Service Regulation; Medical Services of the Armed Forces Medical, 1962; General Regulations - Sections 1; Service Pension and Gratuity Regulations - Sections 2 and 3; Disability Pensionary Awards Regulations - Sections 4; Special Pensionary Awards Regulations - Sections 5; Entitlement Rules, 1961 - Rule 7; Army/Air Force Act; Entitlement (Amendment) Rules, 1982; Customs Act, 1962; Central Excises Act, 1944

Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)

rank in the Army are the same for officers in the Army and for all personnel in the Air Force and Navy. thereforee, while the general principles that we have determined can be applied more or less uniformly, … Certain procedures have been laid down in various documents about which very few people seem to be aware.Army Act, 1950 13. Retirement, release or discharge of Army personnel is provided for in Section 22 of the Army Act, … the entitlement rules laid down in Appendix II to these regulations.'43. Regulation 183 of the Pension Regulations gives the monthly rates of disability pension consisting

R. Suresh Babu Versus Union of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

sent the petitioner to CH, AF, Bangalore in February 1996 which is gross violation of Section 47 of Air Force Act, 1950. 2(c)The petitioner got discharged from hospital as a normal case having no abnormality found, routed back to MTTI, … petitioners entry-mates or in the alternative discharge the petitioner from service immediately with Sgt rank pension benefits with 183 days of leave encashment benefits etc, has filed W.P.No.10247 of 2003 and also filed W.P.No.33903 of 2003 challenging

Crwp No.345 of 2013 Vs. Union of India and Others

Court : Punjab and Haryana

Subject : Land Acquisition

without confirming the proceedings, which according to the petitioner, is mandatory in terms of Section 152 of the Air Force Act, 1950 ('Act' for short).The petitioner submitted an application (Annexure P3) through proper channel on 29.01.2013 to the Air Force … for which he has been sentenced. Learned counsel for the petitioner, however, has contended that CRWP NO.345 o”8. Section 183 of the Act provides for computation of period of suspension and it is provided that any period during

Devkinandan and anr. Etc. Vs. Roshan Lal and ors. Etc.

Court : Rajasthan

Subject : Tenancy

Acts : Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Sections 13; Transfer of Property Act, 1882 - Sections 76

Reported in : AIR1985Raj11; 1984()WLN647

(AIR 1966 Raj 19) and Sachal Mal Parasram v. Mst. Ratan Bai AIR 1972 SC 637. His Lordship felt that the definition of 'landlord' contained … position thus is clear that as soon as the Act came into force the respondents acquired khatedari rights under Section 15 and could not therefore … mortgagee is entitled to the protection of the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 against the mortgagor after the redemption of the mortgage?'In the said order of reference Mr. Justice Agrawal referred … be considered squarely within the provisions of Ss. 15 and 161 of the Act. It is true that Section 183 of the Act provides for the ejectment of a trespasser but that section has no application to this

Collector of Customs, Madras Vs. Lala Gopikissen Gokuldass

Court : Chennai

Subject : Customs

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9; Sea Customs Act, 1878 - Sections 19, 19A, 167(8), 183, 188 and 191; Constitution of India - Article 226; Specific Relief Act, 1877 - Sections 45; ;Evidence Act, 1872 - Sections 115; Imports and Exports (Control) Act, 1947

Reported in : AIR1955Mad187

No. 23 I. T. C./43 the Central Government 'prohibited the bringing into British India, by Sea, land or air from any place outside India of any goods of the descriptions specified in the schedule annexed 'subject to … of the Defence of India Rules or that rule as continued in force by the Emergency Provisions (Continuance) Ordinance, 1946, and in force immediately before … It would be seen that under the terms of this notification of 1950 Diesel engines were classified under three heads depending upon their horsepower. The … the Sea Customs Act, 1878, and all the provisions of that Act shall have effect accordingly, except that Section 183 thereof shall have effect as if for the word 'shall' therein the word 'may' were substituted.' Section 4

Sethia Properties, a Dissolved Firm Vs. T.R. Bhavnani and ors.

Court : Kolkata

Subject : Tenancy

Acts : Constitution of India - Article 245; ;West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 - Sections 33 and 47(2); ;West Bengal Premises Rent Control Rules, 1950 - Rule 9; ;Code of Civil Procedure (CPC) ; ;Public Demands Recovery Act; ;Bengal General Clauses Act - Section - 3(30); ;Code of Criminal Procedure (CrPC) - Sections 4 and 5(2)

Reported in : AIR1961Cal199,1961CriLJ472,64CWN899

that the landlord be dealt with under Section 33 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. 6. For reasons with which we are not concerned at this stage, the aforesaid application was heard ex … not by criminal courts but by Custom Officers -- the offences being Customs offences and not criminal offences. Section 183 of the Sea Customs Act is to the following effect:'Whenever confiscation is authorised by the Act, the officer … been laid down in D. K. Sen Gupta v. Ananta Lal, : AIR1953Cal414 , that Rule 9 is not ultra vires and is not in … or omission made punishable by any law for the time being in force.'37. Both the types of violation of prohibitions as in the Act are,

Prem Chandra JaIn Vs. Collector, Firozabad and Others

Court : Allahabad

Subject : ConstitutionCivil

Acts : Constitution of India - Article 226; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3; Sick Industrial Companies (Special Provisions) Act, 1985; Allahabad High Court Rules, 1952 - Rule 3; Code of Civil Procedure (CPC), 1908 - Sections 98; Uttar Pradesh Land Revenue Act, 1901 - Sections 3(5) and 183; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 287A; Arbitration Act, 1940; Income-tax Act, 1962; Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 - Sections 17(4)

Reported in : 1998(3)AWC1950

of M/s. Shriram Industrial Enterprises Ltd. v. Union of India and others, AIR 1996 All 135, had occasion to consider the provisions of Chapter VIII. … some statutory provisions like Section 98, C.P.C. contradictory .decisions by their own force lead to decision of any question or issue in the case for … U. P. Land Revenue Act. 1901 or Section 287A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 every certificate sent to the Collector under sub-section (1) shall be flnal and shall not be called in … under or otherwise enforce an arbitration agreement in respect of the amount so paid, and the provisions of Section 183 of the Uttar Pradesh Land Revenue Act. 1901, or Section 287A of the Uttar Pradesh Zamindari Abolition and

Parkash Singh Badal and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Subject : Constitution

Acts : Bengal Moneylenders Act - Sections 2, 3, 4, 5 and 6; Government of India Act; Constitution of India (First Amendment) Act, 1951; Constitution of India (l7th Amendment) Act, 1964; Agrarian Reforms Act; Impugned Act; Trade Union Act; Constitution of India (Fifty-Second Amendment) Act, 1985; Representation of the People Act, 1951 - Sections 7 and 105; National Insurance (Industrial Injuries) Act, 1946 - Sections 36(3); Conventicle Act; Foreign Compensation Act, 1950 - Sections 4(4); Industrial Disputes Act, 1947; Corrupt Practices Act; Law of Property Act, 1925 - Sections 56(1); Constitution of India - Articles 31A, 31B, 32, 101, 102, 132, 136, 191, 191(2), 192, 217(3), 226, 266, 368 and 368(2); Code of Civil Procedure (CPC), 1908 - Sections 9; Procedure and Conduct of Business Rules - Ru

Reported in : AIR1987P& H263

the following passage from the decision of the Supreme Court in Brundaban Nayak v. Election Commission of India, AIR 1965 SC 1892:--'Then as to the argument based on the words 'the question shall be referred for the … to consider the effect of the following provision of sub-sec (4) of S. 4 of the Foreign Compensation Act, 1950 on the writ jurisdiction of the Queen Bench's decision:'The determination by the Commission of any application made to … recently, in Taylor v. National Assistance Board, (ante 183, at p. 185 of 1957 (1) All ER), … which are established by or under any law relating to the Armed Forces as laid down in clause (2) of the Article.''...............The powers given by … 102 and Art. 101 of the Constitution of India, respectively.Sub-section (b) of section 5 of the Act too added a clause, identical to the one

Rajkishore Mohanty and anr. Vs. Kangali Moharana and ors.

Court : Orissa

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 21, Rules 22, 23, 23(1) and 23(2); Limitation Act, 1963 - Sections 3

Reported in : AIR1972Ori119

the principle of constructive res judicata.On appeal, the High Court in AIR 1950 Cal 287 (Benoy Krishna Mukerjee v. Mohanlal Goenka) held the view that … 34 Cut LT 758 = (AIR 1968 Orissa 183) (Niranjan Das v. Liquidator, Puri Bank, Ltd.) have … previous proceedings to support his claim by the argument of which he subsequently wishes to avail himself.'6. In AIR 1944 Mad 420 (S. C. Puttappaji v. Mallappa), an execution petition was filed out of time. The judgment-debtors … that the sixth execution application presented on 5th September. 1874 was. according to the law of limitation in force at that time, barred by limitation- The judgment-debtor did not appear in Court in response to notice, and … within the meaning of Section 12-A of the Chota Nagpur Encumbered Estates Act required the sanction of the Commissioner. Objections on two occasions were put

Damodar Sharma and anr. Vs. Nandram Deviram

Court : Madhya Pradesh

Subject : TenancyCivil

Acts : Madhya Pradesh Accommodation Control Act, 1955 - Sections 4

Reported in : AIR1960MP345

the case of the Bengal Immunity Co. Ltd. v. State of Bihar, (1955) 2 SCR 603 (632): ((S) AIR 1955 SC 661 at p. 674) their Lordships of the Supreme Court have accepted it to be a … 3 (g) of the 'Residential Accommodation Control Ordinance, Gwalior State, No. 22 of Samvat 2003, which came into force en July 5, 1947, provided : '3. No suit shall without the permission of the District Magistrate, be … the M. B. Sthan Niyantran Vidhan (Accommodation Control Act) No. 15 of 1950, (hereinafter called the 1950 Act), in which the phrase 'no other accommodation' … Khagendra Nath v. Umesh Chandra, AIR 1958 Assam 183:'There is no question of liberal or strict interpretation, … their eviction from residential and non-residential accommodation, the Madhya Pradesh Accommodation Control Act No. 23 of 1955 (hereinafter called the 1955 Act) permits suits for … are enumerated in Clauses (a) to (n) of Section 4, which is the prohibitory section. Under Clause