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Jan 06 1997

Nirmal Dey and anr. Vs. State of Tripura and ors.

Court : Guwahati

Decided on : Jan-06-1997

Subject : Labour and Industrial

Acts : Tripura Home Guard Rules, 1962

that the petitioner was not appointed as member of the Home Guards for Tripura State under the Bombay Home Guards Act, 1947.8. It is further contended that concept of creating a voluntary organisation namely, Home Guards came from United … work no wage basis' and their duties are assigned as per the provisions laid down under the Bombay Home Guards Act, 1947. Therefore, the petitioners are not entitled to get the reliefs sought for in this writ petition.9. Mr.

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Jan 17 2006

State of Gujarat and anr. Vs. Akshay Amrutlal Thakkar

Court : Supreme Court of India

Decided on : Jan-17-2006

Subject : Service

Acts : Bombay Home Guards Act, 1947 - Sections 1(1), 1(3), 2, 2(1), 2(2), 2(3), 3, 4, 5 and 6B(1A); ;Bombay Home Guards Rules, 1953 - Rules 2(2), 2(3), 2(6), 8, 9, 9A, 11 and 12; ;Bombay Home Guards (Extension and Amendment) Act, 1958; Indian Penal Code

Reported in : AIR2006SC943; (2006)2GLR1562; JT2006(1)SC417; 2006(1)SCALE299; (2006)2SCC309; 2006(2)SLJ174(SC); 2006(1)LC403(SC)

engagement of the respondents were passed in purported exercise of powers conferred under Section 2 of the Bombay Home Guards Act, 1947 (in short the 'Act'). Subsequently being of the view that the respondents' activities were in violation of … order as to costs. Service - Disengagement from Honorary Service - Sections 2 and 5 of the Bombay Home Guards Act 1947 and Rules 8 and 9A of the Bombay Home Guards Rules 1953 - Appellant-state ordered disengagement of

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Feb 09 2005

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Decided on : Feb-09-2005

Subject : Service

Acts : Bombay Home Guards Act, 1947 - Sections 2, 2(1), 3, 4 and 8; Bombay Home Guards Rules, 1953 - Rule 3, 4, 6 and 16; Constitution of India - Articles 12, 14, 16, 21, 32, 38, 39, 39A(2), 41, 42, 43, 46, 48A and 226; Home Guards Act; West Bengal Home Guards Act; Industrial Disputes Act, 1947

Reported in : (2005)2GLR1142

K.M. Mehta, J.1. The petitioners - 610 in number, formally appointed by the Gujarat State under the Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, but really forming a special wing, known as Border Wing … It is the case of the petitioners that though the petitioners are appointed under the provisions of Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, really they are governed by the Government of India Scheme

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May 01 1998

Suraj Prasad Tiwari Vs. Zila Commandant, Home Guards, Hamirpur and Oth ...

Court : Allahabad

Decided on : May-01-1998

Subject : ServiceConstitution

Acts : Uttar Pradesh Home Guards Act, 1963 - Sections 2, 4, 6, 6(3), 7, 9, 10, 11, 11 (2), 12 and 13; Constitution of India - Articles 14, 21, 226, 310 (1) and 311; Police Act, 1861; C.P. and Brar Home Guards Act, 1947

Reported in : 1998(3)AWC1622; (1998)2UPLBEC1484

of a 'civil post' or not. The petitioner, in that case, was governed by C. P. and Barar Home Guards Act, 1947, the provisions of which are akin to the provisions of the Act. In the preamble, the C. … remained out of Job. Service - protection of service - Sections 2 (e), 10 and 11 of U.P. Home Guards Act, 1963 and Articles 14, 21 and 311 of Constitution of India - termination of services of Company Commander

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Jul 25 2003

Riasat Ali Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jul-25-2003

Subject : Service

Acts : Constitution of India - Article 311 and 311(2); Uttar Pradesh Home Guards Act, 1963 - Sections 10; Uttar Pradesh Home Guard Service Rules, 1982 - Rules 7, 8 and 10

Reported in : 2003(4)AWC3046

question required to be answered in these petitions, is 'whether a person enrolled as Home Guard under U.P. Home Guards Act, 1963, as amended by the Act No. 4 of 1972, (for short called 'the Act') holds a 'civil … to costs. Service -civil- protection - Article 311(2) of Constitution of India, Explanation to Section 10 of U.P. Home Guards Act, 1963 and Rules 7, 8 and 10 of U.P. Home Guards Service Rules, 1982 - petitioner enrolled as

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Feb 21 2002

Chander Bhushan Rai and ors., Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Decided on : Feb-21-2002

Subject : Service

Acts : Bombay Home Guards Act, 1947 - Sections 2, 2(1), (2), 4, 6, 6A, 6B, 6B(1A) and 9-A; Delhi Home Guard Rules, 1959 - Rules 6, 8, 17 and 18

Reported in : 2002(6)SLJ614(Delhi)

S.B. Sinha, C.J. 1. Whether the home guards appointed under the Bombay Home Guards Act are holders of civil services and whether their services can be directed to regularized, are the questions involved … counsel appearing on behalf of the petitioner, would contend that having regard to the provisions of the Bombay Home Guards Act and the Rules framed there under, it must be held that there existed a relationship of master and

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Jun 22 2009

H.S. Mahesha S/O K. Shivanna, Advocate Vs. the State of Karnataka Rept ...

Court : Karnataka

Decided on : Jun-22-2009

Subject : Service

Acts : Karnataka Home Guards Act, 1963 - Sections 3, 3(1), 3(2), 3(2A), 3(2B), 3(2C), 3(2D), 3B(3) and 12; Karnataka Home Guards Act, 1962; Karnataka Home Guards Rules - Rules 3A, 3B, 3C and 5; Karnataka Panchayath Raj (Conduct of Election) Rules, 1993 - Rule 14(1); Constitution of India - Article 226; Karnataka Home Guards (Amendment) Act, 2003; Karnataka Home Guards (Amendment) Rules, 2003

Reported in : ILR2009KAR2442

contended that appointment of the third respondent as the District Commandant was illegal and opposed to the Karnataka Home Guards Act, 1963 (for short 'Act') and the Rules made thereunder (for short 'Rules'), ft is further contended that the … the appointment of the third respondent to the post in question is in conformity with law? The Karnataka Home Guards Act, 1962, provides for appointment of District Commandants. Sub-section (1) of Section 3 states that the State Government shall

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Feb 20 2004

Gayatri Devi Vs. the State of Jharkhand and ors.

Court : Jharkhand

Decided on : Feb-20-2004

Subject : Service

Acts : Service Law; Bihar Home Guards Act, 1947 - Sections 3, 6, 9, 12 and 13; Bihar Home Guards Rules, 1953 - Rules 19 and 21; Constitution of India - Article 14

Reported in : [2004(2)JCR192(Jhr)]

far Home Guard is concerned.3. Mr. P.P.N. Roy learned counsel appearing for the petitioner submitted that under the Home Guards Act persons appointed as Home Guard are public servant and all protection are available to that as a public … benefit of compassionate appointment particularly when the provisions of police manual which are not in consistent with the Home Guards Act will be applicable to the Home Guard also. In the instant case as noticed above the petitioner's husband

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Feb 26 2007

State of Manipur and anr. Vs. Ksh. Moirangninthou Singh and ors.

Court : Supreme Court of India

Decided on : Feb-26-2007

Subject : Service

Acts : Tripura Home Guards Act, 1947; Manipur Home Guards Act, 1966 - Sections 4(4); Manipur Home Guards Rules, 1981 - Rules 3, 7 and 8

Reported in : [2007(113)FLR199]; 2007(3)SCALE501; (2007)10SCC544; 2008(1)SLJ1(SC)2007AIRSCW4456

Legislature and the Rules can only be amended by the State Government, or the authority empowered under theManipur Home Guards Act, 1947. However, the Division Bench upheld the other directions given in the judgment of the learned Single Judge.4. … has no power to direct grant of benefits payable to the regular employees. It may be noted that Home Guards Act has been constituted as a voluntary organization for service in emergencies and hence it cannot be treated at

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Nov 09 2006

Lt. Professor Raju S/O Shamrao Khole Vs. State of Maharashtra Through ...

Court : Mumbai

Decided on : Nov-09-2006

Subject : Service

Acts : Bombay Home Guards Act, 1947 - Sections 2, 2(A), 2(2A) and 2A(2); Indian Penal Code (IPC) - Sections 409 and 420

Reported in : 2007(1)ALLMR229

(Special), Mumbai in exercise of power under Clause (2) of Sub-section 2(A) of Section 2 of the Bombay Home Guards Act, 1947 whereby the service of the petitioner stands terminated after expiry of period of one month from the … respondent in exercise of powers conferred by Clause (2) of Sub-section 2(A) of Section 2 of the Bombay Home Guards Act, 1947 issued the impugned notice/order whereby the petitioner was informed that his services stand terminated after expiry of

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