Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: himachal pradesh Page 1 of about 500 results (0.055 seconds)

Himachal Transport Workers Union (Regd.) and ors. Vs. Secretary (Trans ...

Court : Himachal Pradesh

Reported in : AIR1967HP21

..... 19.21. incidentally, it may be pointed out that the case, air 1954 sc 728, was decided, with reference to clause (6) of article 19, as it stood before its amendment by the constitution (first amendment) act, 1951, introducing sub-clause (ii). but the amendment act had come into force at the time of pronouncing the judgment. with reference to the ..... that the petitioners were, therefore, entitled to show that the modification contravened the provisions of chapter iv-a of the act and was not valid. this, as was observed in mohan chowdhary v. chief commr. union territory of tripura, air 1964 sc 173, is arguing in a circle. in order that the court may investigate the validity of the ..... constitution. it is not in dispute that a scheme or a modification under chapter iv-a of the act, is a law within the meaning of articles 19 and 358 of the constitution, vide h. c. narayanappa v. state of mysore, air 1960 sc 1073.9. the question, whether a citizen can challenge the validity of a law, promulgated .....

Moti and ors. Vs. State and ors.

Court : Himachal Pradesh

Reported in : 1976CriLJ1956

..... 145 (4).3. i have heard the learned counsel for the petitioners and shri h. k. paul, assistant to the advocate general, and i find that there is force in this recommendation.4. the first ground is that the affidavit had not been properly and legally attested and as such they could not be taken into consideration. before the ..... amendment act no. 26 of 1955 the parties were required to put in written statements of their respective claims and they were entitled to examine such witnesses as they deemed fit ..... party who was in possession after taking into consideration the written 'statement and the evidence produced by the parties. since this was a dilatory method, therefore, under the act 26 of 1955 it was provided that the parties could put in such documents or to adduce, by putting in affidavits, the evidence of such persons as they relied .....

Ramesh Sachdeva Vs. Shahbaz Khan

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC230

..... 'receipt of notice' a trickestar cheque drawer would get the premium to avoid receiving the notice by adopting different strategies and escape from legal consequences of section 138 of the act.12. in d. vinod shivappa v. nanda belliappa : 2006crilj2897 , the supreme court held that when the drawer refuses to accept the notice or when he evades the ..... that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheques, or with ..... the alleged offence vide the impugned order dated 16.11.2007, which has been challenged in this petition on the above stated grounds.7. chapter xvii of the act containing the fascicule of sections 138 to 142 was brought into the statute book with effect from april 1, 1989 by section 4 of the banking public financial institutions .....

Black Gold Rubber Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... excise duty could not claim the benefit of the notification. allowing the assessee's appeal the supreme court held:unless there is anything to the contrary in the act, rules or notification, if there be two possible interpretations, it is that interpretation which subserves the object and purpose should be accepted. the objective of the ..... v. state of maharashtra and ors. : (2006)6scc289 , shows that the observations made in the said case are relevant and are being reproduced below:the said act is a disqualifying statute. a plain reading of the amended provision clearly shows that it was intended by the legislature to have retrospective effect. the appellant was elected in ..... an appeal against the said order, the said order had become final. however, it was liable to revision under the provisions of section 35-e of the act but no original power of issuing of a fresh show cause notice could be exercised by central excise commissioner and, therefore, the order passed by the assistant .....

Dilawar Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ531

..... make rules consistent with this code and the army act, 1950 (46 of 1950, the navy act, 1957 (62 of 1957), and 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 ..... instituted before a court, maritial', to direct that the acusced persons shall be detained in air force custody, thus, the option to try a person subject to the air force act. who commits an offence while on active services is in the first instance with the air force authorities. the criminal court, when such an accused is brought, before it shall not ..... authorities a statement of the offence of which he is accused. it is explicit that the option to try the accused subject to the act by a court martial is with the air force authorities and the accused person has no option or right to claim trial by particular forum. the option appears to have been left .....

Jodh Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : 2000CriLJ2393

..... as under :the defence personnel serving in the army, navy or air force when commit any offence are dealt with the special provisions contained in the army act, 1950 or the navy act, 1957 or the air force act, 1950 and not by the normal criminal procedure code. the said navy act is a complete code by itself and prescribes the procedure to be ..... followed in case it is decided that an officer should be tried by a court-martial. the act also provides sufficient safeguard ..... taken into consideration.17. the contention of the learned addl. central govt. standing counsel that the decision of the court constituted under law relating to armed force such as army act and army rules is not open to challenge under article 226 cannot be accepted. in s.n. mukherjee v. union of india (1990) 4 scc .....

Sikand and Company Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : [2007(115)FLR465],2007(2)ShimLC49

..... ), 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 ..... 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 ..... after remand, the employer filed reply raising various objections. it was argued that the petitioner was not a workman and the petition under the industrial disputes act was not maintainable. it was further pleaded that the petitioner had abandoned his job. it was stated that the workman on being transferred to barmana, .....

Devi Singh and ors. Vs. Mt. Phulma and ors.

Court : Himachal Pradesh

Reported in : AIR1961HP10

..... consideration is answered against the plaintiffs.22. point (b) : the first question that arises for consideration is as to whether as a result oi the provisions of the hindu succession act, 1950,hereinafter to be referred as 'the act', the property comprised in the deed of gift in question became the absolute property of mt. phulma. section 14 of the ..... referred to above, containing extracts from misal haqiat or the jamabandi for the years 1914, 1914-15, 1918-19, 1922-23, 1930-31, 1934-35, 1938-39, 1942-43, 1944, 1950-51 and 1953-55. i will advert to the aforesaid history sheets later on, but at this stage i would refer to the extracts for the years 1914 and 1914 ..... hon'ble supreme court in the case of kotturuswami v. veeravva, air 1959 sc 577 and it has been held that if a hindu female who acquired any property prior to the commencement of the act is not possessed of that property at the! time of the coming into force of the act, she cannot hold that property as full owner and secondly that .....

Nainu and ors. Vs. Kishan Singh and anr.

Court : Himachal Pradesh

Reported in : AIR1957HP46

..... ramsukh das, air 1938 lah. 286 (c), where a division bench of that high court remarked that : "it should always ..... to the following authorities : (a) punjab and sind bank ltd. v. kishen singh gulab singh, air 1935 lah 350 (b). there a division bench consisting of coldstream and bhide, jj. observed that : "the transfer of property act is not in force in this province, but its principles are generally held to be applicable." (b) nizam din v. ..... be presumed that in india, a purchaser of previous mortgagee rights intends to keep the mortgage alive for his benefit. though the transfer of property act is not in force in the punjab, the general principles .....

Smt. Nirmala Vs. Hari Singh

Court : Himachal Pradesh

Reported in : AIR2001HP1

..... to all judicial proceedings in or before any court, including courts-martial, other than courts-martial convened under the army act. the naval discipline act or the indian navy (discipline) act, 1934 or the air force act but not to affidavits presented to any court or officer, nor to proceedings before an arbitrator;and it shall come into ..... force on the first day of september, 1872'.'3. interpretation clause :-- in this act, the following words and 'expressions are used in the following senses, unless ..... inspection of the court; such documents are called documentary evidence'. 21. it may be seen that affidavits are not included in section 3 of the evidence act. an affidavit cannot be used as evidence unless law specifically permits certain matters to be proved by affidavit. the reason is that the deponent of an .....