Court : Supreme Court of India
Reported in : AIR1998SC577; JT1997(9)SC676; 1996LabIC581; (1996)ILLJ781SC; 1995(6)SCALE214; (1998)1SCC537; 1998(1)LC165(SC); (1998)1UPLBEC330
..... proceedings held against him including the confirmation of sentence passed upon him by the court-martial.2. a general court-martial (gcm) under the army act, 1950 (for short 'the act') was convened to try the respondent holding the rank of major in the army on the following charge:'charge-sheet'the accused ic-14827f major arshad ..... hussain, 225 ground liaison section type 'c' attached to aoc center, an officer holding a permanent commission in the regular army, is charged with:section 63, army act an act prejudicial to good order and military discipline, in that he,at field, between 17th sep., 1984 and 17th nov., 1984, when serving with 225 ground liaison section ..... of overall mechanism by which the military discipline is preserved. it is for the special need for the armed forces that a person subject to army act is tried by court-martial for an act which is an offence under the act. court-martial discharges judicial function and to a great extent is a court where provisions of evidence .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC628; JT1986(1)SC892; 1986(2)SCALE881; (1987)1SCC101; [1987]1SCR300; 1987(1)LC66(SC); 1987(1)WLN20
..... , such as the officers of the corporation. the corporation is established under the road transport corporations act, 1950 (act 64 of 1950) hereinafter referred to as 'the corporations act'). the corporations act was enacted to provide for the incorporation and regulation of road transport corporations. under section 3 of the corporations act, every state government is authorised to establish a road transport corporation. the corporation, in question ..... thereunder shall have effect notwithstanding anything inconsistent therewith contained in chapter iv of the act or any other law for the time being in force or in any instrument having effect by virtue of any such law. from the reading of the provisions of the act and of the corporation act it is evident that the corporation is just another operator of motor vehicles .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC876; 2008(56)BLJR560; 2008(1)BomCR550; JT2008(1)SC31; 2007(14)SCALE556; (2008)3SCC279; 2008AIRSCW208; AIR2008SC876; 2008(3)SCC279; 2008(1)LH(SC)128; 2008(2)ICC147
..... have to be judged by the same standard.constitutional backdrop41. constitutional validity of the act as also its predecessors' act being public premises (eviction of unauthorised occupants) act, 1958 and the government public premises eviction act, 1950 was challenged in several proceedings. the public premises act, 1950 was struck down in : air1956all507 brigadier commandant, meerut v. gangaprasad; 58 cwn ..... estate officer in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.19. section 7 empowers the estate officer to require payment of rent or damages in respect of public premises by the person ..... the guidelines issued by the central government which have no statutory force; being advisory in character, and as such the same could not have been relied upon ignoring the statutory enactment. vi) the division bench of the high court acted illegally in so far as it failed to take into consideration .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC887; 1982(1)SCALE418; (1982)2SCC79; [1982]3SCR341; 1982(14)LC784(SC)
..... in controversy in these appeals is whether sections and 4 of the bombay paragana and kulkarni watans abolition act, 1950 (for short 'act no. 60 of 1950') and sections and 7 of the bombay merged territories miscellaneous alienations abolition act, 1955 (for short 'act no. 22 of 1955'), which provided for abolition of watans and alienations in the merged territories, ..... be ineffective unless the sanction of the collector has first been obtained. it is of the utmost importance that this important safeguard should be maintained in full force and effect so that the parties must exactly know what they have bargained for. the condition for the grant of sanction by the collector as a ..... magistrate kundgol passed an order restraining defendants 2, 3 and 5, from disturbing the possession of defendants 6, 7 and 8 and this order was kept in force by the former state of jamkhandi till merger in the former state of bombay in august, 1948. the state government revoked the order with effect from december 15 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(2)SCALE384; (1985)4SCC689; [1985]Supp1SCR493; 1986(1)LC104(SC)
..... rolls are concerned, there is never a moment in the life of a political community when some electoral roll or the other is not in force.19. section 23(3) of the act of 1950 also points in the same direction. under that provision, no amendment, transposition or deletion of an entry can be made under section 22 and ..... shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this act. qualifying date has been defined under section 14(b) of the 1950 act as the '1st day of january of the year in which it is so prepared or ..... the directions given by the election commission to the chief electoral officers have the force of law under the acts of 1950 and 1951. there is no provision in either of these acts which would justify the proposition that the directions given by the election commission have the force of law. election laws are self-contained codes. one must look to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... speculative but also would be violative of a basic feature of the constitution. i, accordingly, hold that the provisions of section 25a of the representation of the people act, 1950 are also ultra vires the constitution and this furnishes another ground to strike down section 7(1a)(c).121. so far the reservation of 12 seats in favour ..... 5.3.1974 was made reserving 16 constituencies out of the total number of 32 in favour of bhutia-lepchas, and when the government of sikkim act, 1974 was passed, which came into force on a.i. 191 a, the following provision was, included in section 7:7. (1) for the purpose of elections to the sikkim assembly ..... by providing for elections, which will be dealt with later. the public demand developed into violent demonstrations leading to complete break-down of law and order, which forced the then chogyal to request the government of india to assume the responsibility for establishment of law india, to assume the responsibility for establishment of and order and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1518; JT1987(3)SC26; 1987(1)SCALE885; (1987)2SCC692; [1987]2SCR1189
..... land, if any, resumable, by any landlord in the hyderabad area, shall be subject to the restrictions and conditions specified in the hyderabad tenancy and agricultural lands act, 1950, as in force in the hyderabad area on the 1st november 1956.(11) no landlord who at any time before the appointed day had resumed land from any tenant for personal cultivation ..... a minor, a widow, an unmarried woman, a person incapable of cultivating land by reason of any physical or mental disability or a soldier in service in the armed forces of the union or a seaman, might create or continue the tenancy or lease the land owned by him or her. it was further provided that tenancies of resumable ..... the submission of the learned counsel is fully supported by the judgment of a full bench of high court of punjab and haryana in jaswant kaur v. state of haryana : air 1977 punjab & haryana 221. we adopt the reasoning of the high court of punjab & haryana and direct that section 48(8) will not be enforced so as to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)
..... the expressions defined in section 2 or sub-section (1) of section 27, but not defined in the act, shall have the same meaning as in that act. section 2(j) of the representation of the people act, 1950 defines 'state government' as follows:2(j). 'state government'.- state government in relation to union territory means ..... the administration thereof.section 2(60) of the general clauses act, 1897, provides that the term 'state government', as ..... to the state government alone, and not to any instrumentality of the state government. we, therefore, hold that gmidc and mjp constituted under the mgmidc act and mja act respectively, are not 'state government' and, therefore, any contracts with them are not contracts entered into by the candidate with the appropriate government. we .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
..... of his book 'the child and the state in india' that india is a significant exception to the global trend toward the removal of children from the labour force and the establishment of compulsory, universal primary school education, as many countries of africa like zambia, ghana ivory coast, libya, zambia, zimbabwe, with income levels ..... drugs which are injurious to health.14. of the aforesaid provisions, the one finding place in article 24 has been a fundamental right ever since 28th january, 1950. article 45 too has been raised to high pedestal by unni krishnan, which was decided on 4th february, 1993. though other articles are part of directive ..... with child labour. many statutes came to be passed thereafter. as on today, the following legislative enactments are in force prohibiting employment of child labours in different occupations:(i) section 67 of factories act, 1948:prohibition of employment of young children-no child who has not completed his fourteenth year shall be required or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC20; JT1992(5)SC479; 1992(2)SCALE566; 1993Supp(4)SCC386; [1992]Supp1SCR651
..... electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950.13. in this part unless the ..... filed.(at p.17)50. what appears to have dissuaded the court then in making a heavy order of costs in a similar situation appears to have lost its force since then in view of the even more cavalier fashion in which these petitions continue to be filed a decade later.51. in mithilesh kumar v. sri r. ..... in charan lal sahu v. neelam sanjeeva reddy : [1978]3scr1 , apart from dealing with the locus standi to file election petition under the presidential and vice-presidential elections act, 1952, also considered and negatived the challenge to constitutional validity of certain provisions while stating the scope of articles 58 and 71 of the constitution of india.49. in .....
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