Court : Allahabad
Reported in : AIR1973All596
..... 2) call for returns; regulation of practice and proceed- 'ings of such courts; prescribe forms224 (1)(3) settle fees224 (1)(4) no such-power over courts on tribunals constituted relatingto armed forces.224 (2) no power over any inferior court not otherwisesubject to appeal or revision.228 - transfer of certain cases to high court.225 (1) and (2)229 ( ..... therein whether any dispute or question or matter arising under such enactment will be triable by existing courts of law or by special courts or tribunals created or established under the act or whether there will be any appeal or not. if such an enactment provides that there shall be no appeal in the high court or ..... to by the president can no longer exist in view of the supreme court decision in union of india v. mohindra supply co.. : [1962]3scr497 . arbitration act 1940 (act no. x of 1940) was passed by the federal legislature and received the assent of the governor-general on march 11. 1940. the legislative powers were then governed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All963
..... power of superintendence now extends not only over all courts situate within its appellate jurisdiction but also over all courts and tribunals (except any court or tribunal constituted by or under any law relating to the armed forces) situate within its jurisdiction. notwithstanding the fact that this article has been the subject-matter of case law in ..... a power partaking of a limited judicial character has been added. that power essentially, in my opinion, is meant only to see whether a court or tribunal has acted within its bounds or not and is ancillary to the administrative powers conferred by the article. it may be that, as hinted by my brother agarwala, ..... superior courts. section 15 then conferred upon them the power of superintendence 'over all courts which may be subject to its appellate jurisdiction.' while this act was in force the question as to the extent of the jurisdiction conferred on the high courts under the power or superintendence came for decision before the various high .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)SLJ546(NULL)
..... 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 ..... disciplinary authority or the appellate authority shocks the conscience of the high court/tribunal, it would appropriately mould the relief, either directing the disciplinary/appellate authority to reconsider the penalty imposed, or to shorten the litigation, it may ..... maintain discipline, they are invested with the discretion to impose appropriate punishment keeping in view the magnitude or gravity of the misconduct. the high court/tribunal, while exercising the power of judicial review, cannot normally substitute ifs own conclusion on penalty and impose some other penalty. if the punishment imposed the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC858; (2004)IILLJ727All; (2004)1UPLBEC816
..... whether the executive function is sovereign in nature is to find out whether the state is answerable for such action in courts of law. acts like defence of the country, raising armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and retain territory are functions which are indicative of external ..... it all depends on the nature of power and the manner of its exercise. what is approved to be 'sovereign' is defence of the country, raising armed forces, making peace or war, foreign affairs, power to acquire and retain territory. these are not amenable to the jurisdiction of ordinary civil courts. the other functions ..... rajya hand pump mistries sangathan, banswara and etc. v. state of rajasthan and ors., 1994 lic 345 ;(iii) executive engineer, national highway baripada division v. presiding officer, industrial tribunal and ors., 1994 (69) flr 768 ;(iv) chief conservator of forest and anr., etc. etc. v. jagannath maruti kondhare, etc. etc., air 1996 sc 2898 ;(v .....
Tag this Judgment!Court : Allahabad
Reported in : 2010(3)AWC2424
..... determine if the legislative or executive function is sovereign in nature is, whether the state is answerable for such actions in courts of law. for instance, acts such as defence of the country, raising (the) armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and retain territory, are functions which are indicative of external sovereignty and are political ..... . no. 265 of 1998 with prayer to pass an award for a sum of rs. 10,32,000 as compensation alongwith interest under section 163a of motor vehicles act, 1988 (hereinafter 'act'). the learned tribunal assessed rs. 15,000 per month as notional income of smt. sunita aged about 38 years applying multiplier according to second schedule to section 163a and deducted one .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All123
..... 327 is reported to have observed thus:'i think that there is an understandable basis for the exemptions granted to the military canteens, etc., by the act. the armed forces have their own traditions and mode of life, conditioned and regulated by rules and regulations which are the product of long experience and which aim at maintaining ..... in this case, 'inter alia' the validity of section 39, bombay prohibition act, (act xxv of 1949) was challenged on the ground that it contravened the provisions of article 14 of the constitution. section 39 provided for special treatment of persons belonging to the armed forces, military and naval messes and canteens as well as warships and troop-ships ..... it does not refuse to take note of differentiations in economic and social functions, nor of the need for special types of quasi-judicial tribunals-due to the growing tendency towards the enlargement of state intervention in the economic and social life of the country. the administration of evacuee property .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3280
..... following methods, namely :(a) by a competitive examination ;(aa) by selection of persons from amongst the emergency commissioned officers and short service commissioned officers of the armed forces of the union who were commissioned after the 1st november, 1962, but before the 10th january, 1968 and who are released in the manner specified in sub ..... dated 30th august, 1990, 20 vacancies more became available for the promotion in the indian forest service cadre. one set of officers (applicants before the tribunal and respondents in present petition) claimed that the said vacancies having been sanctioned in the year, 1990, after cadre review vide notification, the same should be ..... behalf of the learned counsel for the respondent have been reiterated and the order of the tribunal has been justified.19. on behalf of the union public service commission it is contended that the commission has acted in accordance with the seniority list forwarded by the state authorities and it has no role .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)1UPLBEC730
..... clear that the petitioner did not form his duties with due diligence, and faithfulness which is always expected from a government employee, in general, and a personnel of the armed force, in particular. he has been found to be most negligent and careless. since he did not want to go to punjab on the fateful day, he created all ..... 1986 by the commandant-pac, 20th bn. azamagarh-respondent no. 1. the appeal against the aforesaid order, as well as claim petition before the u.p. public services tribunal, lucknow met the same fate and hence this petition.4. though a number of grounds have been taken to challenge the procedure adopted in the conduct of enquiry, in ..... v. union of india, air 1987 sc 2386, hon'ble supreme court considered the question of doctrine of proportionality in the mater of awarding punishment under the army act and it was observed thus :-'the question of the choice and quantum of punishment is within the jurisdiction and discretion of the court martial. but the sentence has to .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(114)FLR21]
..... person serving as a go between'. webster's dictionary, deluxe encyclopedic 1987 edition defines 'liaison' as 'the establishment of harmonious cooperation between separate unit of armed force.' collins cobuild english language dictionary 1994 edition defines liaison' as 'cooperation and the exchange of information between different organizations or between different sections of an organizations ..... conciliation proceedings, the deputy labour commissioner, while exercising the powers under section 4-k of the u.p. industrial disputes act, referred the matter for adjudication before the industrial tribunal. the terms of the reference order was whether the employer was justified in not taking work from the workman w.e ..... the respondent no. 2 was not a workman as defined under section 2(z) of the u.p. industrial disputes act. consequently, the entire proceedings, including the award of the tribunal, was ex facie illegal and without jurisdiction and was liable to be quashed.9. in order to find out as .....
Tag this Judgment!Court : Allahabad
Reported in : (1898)ILR20All459
..... should be most sparingly enforced, and in respect of pure decisions of fact, only in those cases where, through the incompetence, stupidity or perversity of a subordinate tribunal, such unreasonable or distorted conclusions have been drawn from the evidence as to produce a positive miscarriage of justice. in the present case the judgment cannot be said ..... agree on the following facts: that the thakur party consisted of from thirty to fifty men, and that one of that party had a gun and the rest were armed with lathis; that on the other side were arraved the seven accused; one of them, laltu, carried a gun; the others had nothing in their hands except ..... force in defence of property by private individuals is a matter denned by law. the presence of laltu with his gun, unexplained as it is by any evidence for the defence, proves that the chaubes were prepared to defend this mud thaonla even to the voluntarily causing of death; and the burden lay heavily upon them of proving that they acted .....
Tag this Judgment!