Court : Guwahati
..... thought it appropriate to deal first with respondents' contention challenging the maintainability of the appeal in this court. because, in our opinion, this contention has sufficient force and the respondents' preliminary objection must prevail. chapter xxxv of the old code is captioned 'proceedings in case of certain offences affecting the administration of justice' ..... so construed as to exude reasonableness in its application.9. because, sub-sections (4) and (5) of section 479a give power to appellate courts also for acting under sub-section (1) thereof both negatively and positively, long delays may result before a decision is rendered on the question, whether or not action can be, ..... and spans across the group of sections 476 to 487. by act no. 26 of 1955 sections 479a was inserted in this chapter to deal with 'procedure in certain cases of false evidence', as is indicated by the .....
Tag this Judgment!Court : Guwahati
..... in respect of any matter over which the tribunal has jurisdiction and which are pending before any civil court or other authority on the date of coming into force of this act shall stand transferred to the tribunal and the civil court or other authority before whom such a suit or proceeding is pending shall transfer all relevant and ..... to the jurisdiction of another court.' (b) the supreme court took note of the full bench decision of the madras high court in ramier v. muthu krishna ayyar air 1932 mad 418, wherein the view was taken that 'in the absence of an order of transfer by the court which passed the decree, that court alone can entertain ..... pointed out that this tribunal shall come within entry 11a of the concurrent list. reliance was placed on a judgment reported in kedarnath gupta v. nagindra narayan sinha air 1954 patna 97, and it was pointed out that administration of justice is wide enough to include in it not merely administration of justice through courts properly so-called .....
Tag this Judgment!Court : Guwahati
..... is not entitled to file this appeal and on this ground alone this appeal should be dismissed. this contention of learned counsel has force but as it is urged by the learned advocate for the appellant that even if this appeal is not maintainable, this appeal should ..... vehicle in which passengers are carried if the vehicle was of that class. keeping in mind the classification of vehicles by the act, the requirement of registration with particulars including the class to which it belonged, the requirement of obtaining a permit for using the ..... of learned advocate for the appellant that this accident occurred in the year 1988 when the act of 1939 was in force. no damage could have been given with regard to the gratuitous passengers. this aspect of the matter was changed in ..... the act of 1988 which came into force from 1.7.1989. that is the law that can be gathered from amrit lal sood v. kaushalya .....
Tag this Judgment!Court : Guwahati
..... said witnesses examined by the prosecution in its support. it is stated that by virtue of the provisions of section 161 of the indian air force act, 1950, hereinafter referred to as 'the act, 1950', an appeal by way of representation was submitted by the petitioner before the confirming authority prior to the sentence and the order of the ..... during the course of trial, take the matter to the confirming authority for redress.by way of illustration, there are orders contemplated by section 150 of the air force act. but this apart, the very fact that a finding or sentence is not to be operative before its confirmation, would seem to impose an obligation on the ..... thereof by the authority shall stand quashed. being aggrieved by the order of the learned single judge, the union of india and the air officer commanding-in-chief, eastern air command, indian air force, have come up with this appeal challenging the correctness and legality of the order under appeal on the grounds taken in the appeal.2 .....
Tag this Judgment!Court : Guwahati
..... the national security guard act, 1986 (47 of 1986).(2) for the removal of doubts, it is hereby declared that ..... :'25. military, naval and air force or other law not to be affected. - (1) nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the army act, 1950 (45 of 1950), the air force act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), the border security force act, 1968 (47 of 1968), the coast guard act, 1978 (30 of 1978), and .....
Tag this Judgment!Court : Guwahati
..... may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act. 1957 (62 of 1957). and the air force act, 1950 (45 of 1950) and any other law. relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by ..... for a term which may extend to seven years, or such less punishment as is in this act mentioned.section 70 provides:a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in ..... relation to such a person, shall not be deemed to be guilty of an offence against this act and shall not be tried by a court-martial, unless he commits .....
Tag this Judgment!Court : Guwahati
..... the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall ..... courts and border security force courts (adjustment of jurisdiction) rules, 1969 are reproduced below:475 (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for ..... that the central government may make rules consistent with the code of criminal procedure and the army act, navy and the air force act and other law relating to the armed forces of the union, for the time being in force. he also contended that when cognizance of offence can be taken by an ordinary criminal court as .....
Tag this Judgment!Court : Guwahati
..... decision of the full bench of the punjab and haryana high court in ajit singh, (supra), had been pressed into service to demonstrate that a person subject to the air force act 1950, even on leave continues to be on active service. in view of the abandonment of the plea based on the petitioner's attachment to 222 abod, c/o 99 ..... of jurisdiction to take cognizance and try the case, which vitiated the trial.27. in balbir singh and anr. (supra) under the air force act, containing section 72, which is in pari materia with section 70 of the act, a similar question arose, referring to the rules. the apex court held that the object of giving notice to the authorities under ..... the air force act was to make them fully aware of the pendency of a criminal case against a member of the force and to afford an opportunity to exercise their discretion of having him tried either by the court martial or to .....
Tag this Judgment!Court : Guwahati
..... authority in court martial proceeding the defence personnel serving in army, navy or air force when commit any offence are dealt with by the special provisions contained in the army act or the navy act or the air force act and not by the normal procedure code, the said navy act is a complete code by itself and prescribes the procedure to be followed ..... in case it decided that an officer should be tried by court martial. the act also provides sufficient safeguard by way ..... martial (gcm in short) on 31.12.1985. since 31.12.1985 happened to be the date of retirement of the respondent, section 123(1) of the army act, 1950 was invoked. in the trail, besides exhibiting a large number of documents, as many as 11 witnesses were examined in support of the charge. the respondent declined to .....
Tag this Judgment!Court : Guwahati
..... ), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a ..... act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or 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 ..... to the appropriate government and the provisions of this act shall apply accordingly.13. in a number of decisions of the apex court out of which reference could be made to : (1955)illj346sc the automobile products of india ltd. and ors. v. rukmaji bali and ors. air 1958 sc 130 indian iron & steel co. ltd .....
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