Court : Gujarat
Reported in : (1987)2GLR1043
..... of issuing the writ can be exercised under article 226. the fundamental rights of the members of the armed forces can be restricted or abrogated to the extent provided in article 33 of the constitution. accordingly, under section 21, army act, and rule 19 of the army rules, fundamental rights are restricted to the extent specified in the said ..... be issued on the principles well settled now by the series of decisions of the supreme court. it is well settled that where a tribunal acts (a) without or in excess of its jurisdiction or (b) acts in contravention of the rules of natural justice or (c) commits an error apparent on the face of the record, this court ..... just discuss.21. the high court can exercise the jurisdiction to issue a writ of certiorari under article 226 of the constitution, if a person, authority or tribunal has acted without jurisdiction or in excess of jurisdiction vested in it or refused to exercise the jurisdiction or there is an error apparent on the face of the record .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR1038; (1987)ILLJ386Guj
..... central government staff. if the petitioner is treated to be a servant belonging to the armed force of the union, administrative tribunals act, 1985, will not be applicable in view of the provisions under section 2 of administrative tribunals act, 1985. 3. mr. patel, the learned counsel appearing for the petitioner, and also mr. ..... , from the foregoing discussion, it is very clear that the petitioner who belongs to the railway protection force comes under the category of 'an armed force of the union' and as such, the provisions of the administrative tribunals act, 1985, will not be applicable to him. if that be so, there is no question of ..... petitioner herein is a railway servant or a servant belonging to the armed force of the union. if the petitioner belongs to the railway protection force coming under the indian railways act, 1890, naturally, the matter has to be placed before the administrative tribunal constituted for the purpose of dealing with the disputes regarding the .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR429
..... , which confers the powers of superintendence over all courts by the high court, expressly excludes from the operation of this article, courts, and tribunals constituted by or under any law relating to the armed forces. unless the order of detention could be shown non-est the high court, cannot interfere with the detention. the high court, in habeas ..... be referable to an entry in the relevant list. entry 2 in list i: naval. military and, air force and any other armed forces of the union, would enable parliament to enact the army act and armed with this power the act was enacted in july, 1950. it has to be enacted by the parliament subject to the requirements of part ..... central government may restrict the fundamental rights under clauses (a), (b) and (c) of article 19(1), of any person subject to the army act, every such person being clearly a member of the armed forces. the extent to which restricts may be imposed on the fundamental rights under clauses (a), (b) and (c) of article 19(1) is .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3403
..... 2. short facts giving rise to the present petition are that the petitioner, who was working as a constable in the 97th battalion of crpf, an armed force within the meaning of the central administrative tribunals act, has started his career about 10 years ago from the date of the petition. it is the case of the petitioner that he took leave from his ..... assistant commandant & judicial magistrate, 1st class, 97th battalion, crpf, gandhinagar in case no.1/88 dated 16.6.1988 under sec.10(m) of the central reserve police force act, 1949 ('the act' for brevity) and also being aggrieved of the office order no. j.ii- 1/88- 97/ ec.ii dated 30.6.1988, whereby the petitioner was held ..... be applicable to the facts of the present case.9. next reliance was placed on section 12 of the crpf act, which reads as under :'every person sentenced under this act to imprisonment may be dismissed from the force and shall further be liable to forfeiture of pay and allowances and any other moneys due to him as well as .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR1103
..... of the governor. (4) nothing in this article shall be deemed to confer on a high court power of superintendence over any court or tribunal constituted by or under any law relating to the armed forces. (5) nothing in this article shall be construed as giving to a high court any jurisdiction to question any judgment of any inferior court ..... be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.' 44. during the period i.e. from february 1, 1977, which is the date on which 42nd amendment act, 1976 came into force, up till june 20, 1979, which is the date on which the 44th ..... amendment act, 1979 came into force restoring art. 227 to the position that stood before the 42nd .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1807
..... in nature is to find out whether the state is answerable for such action in courts of law. it was stated by sahai, j., that 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 or external sovereignty and ..... is entitled to get the time scale of watchman with effect from the date of completing 180 days of service. in view of these facts before the tribunal, the tribunal has granted benefit from the date of the reference 14th october, 1994 and for the purpose of retirement, from the date on which he completed 240 ..... by this court was implemented by the corporation and the petitioner reinstated the workman in service. these are the facts which were not in dispute before the tribunal. before the tribunal, the respondent has deposed that initially he was appointed at petlad depot as watchman with effect from 1978, and thereafter, he was transferred at sojitra .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj75; (1993)2GLR1496
..... mental or physical disability or a serving member of the armed forces is postponed till one year after the cessation of disability. the price to be paid by the tenant is to be determined by the tribunal as soon as may be after the tiller's day and the tribunal is in the first instance to record in the ..... or to be commenced thereafter. vii. after termination of proceedings under section 88b by the judgment and order of gujarat revenue tribunal, dated june 27, 1974, the gujarat town planning and urban development act, 1976 came into force with effect from february 17, 1978, and as one of the submissions has reference to this fact this fact is ..... notification in respect of any area specified in the notification is issued under this clause, whether before or after the commencement of the bombay tenancy & agricultural lands act (gujarat amendment) act, 1955 the limits of the area so specified are enlarged on account of the addition of another area thereto, then merely by reason of such addition, .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR1622
..... parma nanda, reported in : (1989)iillj57sc .14. in the ruling of the supreme court in the case of parma nanda (supra) the central administrative tribunal exercising its jurisdiction under the administrative tribunals act, 1985 interfered with the quantum of punishment awarded to the delinquent by the disciplinary authority. it may be mentioned at this stage that the proceedings before the ..... can be shown to a police officer found guilty of violation of the law of prohibition while on duty. according to kum. doshit for the respondents, the police force is in-charge of maintenance of law and order. it is in a way the custodian of law. the custodian of law, according to kum. doshit for the ..... no. 2 on 8th april, 1982.2. the facts giving rise to this petition may be summarised thus:the petitioner was at the relevant time working as an armed police constable at porbandar. on 25th february, 1974 at night he was found unconscious in a drunken state in the shop of one hardas maldey. he was supposed .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR693
..... that section applies only where the landlord is a minor or a widow or a person subject to any mental or physical disability or a serving member of the armed forces and where such a landlord is a member of a joint family, the proviso to section 32f(1)(a) declares that the provisions of that section shall not ..... maintainable, no orders could be passed adjudicating upon the merits of the question raised in the application and the orders passed by the mamlatdar, the prant officer and the revenue tribunal were, therefore, without jurisdiction.5. we, therefore, allow the petition and make the rule absolute by issuing a writ of certiorari quashing and setting aside the orders of ..... respondent no. 2 on the ground that he bona fide required them for personal cultivation. the application was made under section 29 read with section 31 of the tenancy act and since petitioner no. 2 was a minor, the application was filed by his mother as next friend of the minor. now the entry registering the said survey .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR114
..... other purposes. whatever forest remained, was subjected to heavy utilisation by the government agencies, public at large and criminals and smugglers. taking advantage of the inadequately armed forces of the department and price ingredient in the market, smugglers have played havoc with the forest resources. there may be two class of forest offenders that one ..... is these activities of forests offenders as well as smugglers.15. the power of this court to interfere with the order of the court below or tribunal under article 227 of the constitution is certainty restricted, but if the judgment of the court below is wholly perverse and arbitrary then certainly interference can ..... contraband forest produce, release of the vehicle is a rule and confiscation thereof to be an exception. in the forest offences committed, the courts should not act liberally and should not go by this impression that where the value of the contraband forest produce seized is negligible in comparison to the value of the .....
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