Court : Delhi
Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
..... the criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969 are equivalent to rules 3 to 9 in criminal courts and court martial (adjustment of jurisdiction) rules, 1952 and the sections 80 and 81 of the bsf act are equivalent to sections 125 and 126 of the army act, 1950. she argued that under section 46 ..... determines that there is a case for trial, and pursuant to the aforesaid rule delivers the accused to the commanding officer or the competent military, naval or air force authority, the law intends that the accused must either be tried by a court martial or some other effectual proceedings must be taken against him. to ensure ..... to inform the magistrate of what has been done. rule 7(2) appears to envisage the possibility that the commanding officer or the competent military, naval or air force authority may not try the accused or take effectual proceedings against him even where the magistrate has found a case for trial. to cover that exigency it provides .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT705; 2003(1)SLJ154(Delhi)
..... the contentions of the petitioner in this writ petition are as under :-(i) the show-cause notice issued by the brigadier is contrary to the provisions of the army act, 1950 and the army rules, 1954;(ii) as the orders awarding punishment had been passed by authorities lacking inherent jurisdiction, the same being nullities; no action pursuant thereto or ..... of l/nk. thereafter from march, 1990 to november, 1999, he worked at various stations such as hq maharashtra and gujarat area, hq 7 mountain division, hq victor force in j&k;, and hq 1 armour division at patiala, etc.2.1 on or about 13.09.1999, he was served with a show cause notice indicating the ..... person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.'section 80 of the said act is as under :-'80. punishments of persons other than officers, junior commissioned officers and warrant officers.-subject to the provisions of section 81, a commanding officer or such .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIIAD(Delhi)497; 104(2003)DLT69; 2003(71)DRJ517
..... 19th october, 1984 the central government in exercise of the powers conferred on it by section 2 of the union territories (laws) act, 1950 extended to the union territory of delhi, the mysore race courses licensing act, 1952 as in force in the state of karnataka on the date of the said notification subject to the modifications mentioned therein. the said ..... 3 provides that no horse- race shall be held save on a race-course for which a license for horse-racing granted in accordance with the provisions of this act is in force.section 4, so much as is the relevant for our purposes reads as under:-4. licenses for horse-racing - (3) in particular and without prejudice to ..... , : [1961]43itr393(sc) , m/s. devi das gopal krishnan vs . state of punjab and others, : [1967]3scr557 and d.k. trivedi and sons vs. state of gujarat, air 1986, sc 1323. 12. mr. sen, learned senior counsel relied upon and drew support from the observations in paragraph 20 of the supreme court decision in the liberty cinema's .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT17; [1991(62)FLR441]; 1991LabIC451
..... under section 45(2)(b) but this, in our opinion, would not oust the applicability of the standing orders act. the necessity to obtain prior approval will not make the air corporation act a special act. the special act has necessarily to be the standing orders act because that deals with a specific problem, namely, promulgation of standing orders with regard to a section of employees ..... of the powers which has been conferred by this act is the power under section 45 to frame regulations. sub; section (3) of section 7, which is important, provides that nothing contained in section 7 shall be construed as authorising the disregard by the corporation of any law for the time being in force. this clearly shows that any action which may .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT1
..... 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 which the accused person is serving. 3. where a person subject to military, naval or air force is brought before magistrate and charged with an offence for which he is ..... an offence against the said act and shall nto be tried by a court-martial, unless ..... of any toher law for the time being in force'.this ntoification assumes importance in view of the fact 'that under section 70 of the army act, 1950, a person subject to the said act who commits an offence inter-alia of rape in relation to a person nto subject to military, naval or air force law, shall nto be deemed to be guilty of .....
Tag this Judgment!Court : Delhi
Reported in : 137(2007)DLT195
..... , content, meaning and effect of article 5 of the constitution of india. it was also contended that constitution was established in 1950 and both the acts i.e. representation of people act, 1950 and representation of people act, 1951 were also enacted thereafter. to elaborate his arguments mr. lekhi contended that if foreign born citizen could not contest election ..... through marriage to citizens of india now admissible to women only is extended to men also.87. and for that reason the citizenship amendment act, 1986 came into force. then the citizenship act was amended in 1992 with the following objective:india is a signatory to the convention on elimination of all forms of discrimination against women ..... therein was as to whether the principles of natural justice had to be read in the proviso appended in section 99(1)(a) of the act. repelling such contention it was held : (air pp. 833-34, para 7) but it is a rule of interpretation well established that, 'where the language of a statute, in its .....
Tag this Judgment!Court : Delhi
Reported in : 2003(1)SLJ151(Delhi)
..... equality to all persons. article 33 of the constitution of india is an exception to the said rule to the extent it is covered by the provisions of army act, 1950 and the rules framed there under, namely, army rules, 1954. by reason of article 33 of the constitution of india, the parliament is empowered to restrict or ..... abrogate by law fundamental rights in their application to the members of the armed forces and the forces charged with the maintenance of public order.13. in a large interest of national security as also the military discipline, although such a right has been ..... compliance with it would not satisfy the requirement of law.'26. yet again the apex court in organo chemical industries and anr. v. union of india and ors. air 1979 sc 1803, while following the principles laid down in the siemens engineering manufacturing co.'s case (supra), emphasized that one of the requirements of natural justice was .....
Tag this Judgment!Court : Delhi
Reported in : 116(2005)DLT673
..... regard, reference was made to the delhi road transport authority act, 1950 (the drta act) and the delhi road transport authority (scales of pay) regulations, 1950 framed there under (the 1950 regulations); the road transport corporations act, 1950 (the 1950 act) read with the delhi road transport laws (amendment) act, 1971 (the amendment act). on his turn, learned counsel for the workmen drew ..... it cannot be that the work of the police force in the higher echelons is comparable to the work performed by the workmen in their higher echelons, and the disparity comes about only at the lower levels ..... lies the rub in so far as the workmen are concerned. 22. learned counsel for the petitioner contended that the duties of those in the police force are much more onerous than those performed by the workmen. assuming this to be so, this degree of arduousness and difficulty must travel down the hierarchy. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi614
..... (c) that just on the eve of elections a large number of names were deleted from the electoral rolls in contravention of the representation of the people act, 1950 (hereinafter referred to as the 1950 act') and rules and orders framed there under and the registration of electoral rolls and (d) that the electoral rolls did not contain the names of several thousand ..... for more than once in the same constituency and that no person shall vote who is confined in a prison. in my view this contention has no force. section 62 of the 1951 act is by no means exhaustive of the votes which may be void. (27) the allegations in paragraphs 20 and 21 have to be read with the ..... obtain or procure assistance for the furtherance of prospects of election of respondent no. 1 from persons in the service of the government and belonging to the police force, the armed forces, gazetted officers and excise officers. these allegations constitute a corrupt practice as provided by sub-section (7) of section 123 of the 1951 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi29
..... rule making authority and the general manager(now the managing director) could constitute a recruitmentboard on the strength of this proviso. we do not find any force in such a submission. proviso is an exception to the rule. it is only that in any particular case the managing director could constitute a recruitment ..... factor will be considered as adverse entry'. (13) we have not been shown under, what authority these guidelines had been issued and whether they have any statutory force or otherwise.(14) another look at this stage to the r & p rules would be relevant. all employees of the first respondent have been grouped into 8 ..... two corporations-indian airlines and airindia, form one single unit to be controlled by the central government under the act. the court observed that it might be that the two corporations might have different functions toperform. air india operating international flights and the other(indian airlines) operating domestic flights within the country,but that fact .....
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