Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Court: himachal pradesh Page 1 of about 58 results (0.113 seconds)

Dr. Y.S. Parmar Vs. Hira Singh Pal and anr.

Court : Himachal Pradesh

..... learned counsel for the respondant pointed out the, following highly significant facts, which have also been dealt with by the tribunal :- (i) amar singh, undoubtedly, was a member of the armed forces, as defined in section 123(7) (c) of the act. (ii) he did function as polling agent of the appellant at sheopur polling station no, 13 on 25-5- ..... on issues no, 8(i) and (ii), however, the tribunal held (1) that amar singh did canvass and work for dr. parmar in villages sheojpur, kanuwala and hari-pur and (2) that amar singh, a member of the armed forces of the union, was appointed by dr. parmar, to act as his polling-agent, at polling station sheopur no. 13 on ..... 25-5-1957. issue no. 11 was, accordingly, also decided in the affirmative. consequently, under issue no. 18, the tribunal held that dr. parmar had committed a corrput practice, .....

Mani Chand Vs. H.P. State Forest Corpn. Ltd.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC427

..... of pay, the benefits of the accrued military service, were accorded to him but, however, the benefit of seniority as stipulated under the provisions of the demobilized armed forces personnel (reservation of vacancies in hp. state non-technical service) rules, 1972 (hereinafter referred to as 'the rules') was not accorded to him. the petitioner, ..... the petition was filed in the year 1996 before the erstwhile h.p. administrative tribunal at shimla under the provisions of section 19 of the administrative tribunals act, 1985. by virtue of the provisions of the himachal pradesh administrative tribunal (transfer of cases pending) act, 2008, the same now stands transferred to this court. after a gap of ..... by giving benefit of doubt or full acquittal. sometimes in the matter when the person is superseded and he has challenged the same before court or tribunal and he succeeds in that and direction is given for reconsideration of his case from the date persons junior to him were appointed, in that case .....

Himachal Pradesh Agro Industries Corporation Vs. Raj Kumar and ors.

Court : Himachal Pradesh

Reported in : (2002)IILLJ861HP

..... into the grievances made by an aggrieved party in the matters covered by the id act or any other corresponding law for the time being in force.75. for the foregoing reasons, in our opinion the administrative tribunal constituted and established under the administrative tribunals act, 1985 has no jurisdiction to entertain, deal with and decide an application for the ..... industrial disputes act, 1947 in regard to such matters in respect of which he is so governed; (c) any officer or servant of the supreme court or of any ..... 2, as it originally stood, excluded certain classes from operation of the act. the provision as enacted reads thus:'2. act not to apply to certain persons - the provisions of this act shall not apply to (a) any member of the naval, military or of any other armed forces of the union; (b) any person governed by the provisions of the .....

Dilawar Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ531

..... section--(a) 'unit' includes a regiment, corps, ship, detachment, group, battalion or company;(b) 'court-martial' includes any tribunal with the powers similar to those of a court-martial constituted under the relevant law applicable to the armed forces of the union. (2) to (3) *** *** ***6. it is also not in dispute that the central government has not ..... 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 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 ..... martial, he will direct that the accused person shall be detained in military custody. sections 122(1) and 125 both find place in chapter x of the army act. section 125 supports our view that the court-martial alone has jurisdiction to decide the issue of limitation under section 122(1). the word 'jurisdiction' in section .....

Chamaru Etc. Vs. Khazan Singh Etc.

Court : Himachal Pradesh

Reported in : AIR1978HP58

..... , and section 40 thereof, which was brought into force from feb. 1, 1977, substituted the existing clause (1) by the ..... time being in force, and shall require the previous approval of the governor, (4) nothing in this article shall 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.' subsequently, the constitution (forty-second amendment) act, 1976 was enacted ..... that section. that eminent judge, harries c. j, observed (at p. 260):'it is, therefore, clear that whilst the government of india act, 1935 was in force the power of superintendence over courts subject to our appellate jurisdiction did not give this court a right to interfere with judicial orders of such courts. .....

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

Court : Himachal Pradesh

Reported in : 2000CriLJ2393

..... said article is not attracted in the case because clause (4) of the article exclusively debars power of superintendence on any court or tribunal constituted by or under any law relating to the armed forces. the respondents have stated that under article 226 the high court can no doubt exercise judicial review of the proceedings of the court martial ..... which was 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 594 ..... : (1990 cri lj 2148), their lordships of the supreme court held that the decision of court constituted under law relating to armed forces such as army act and army rules was open to challenge uner article 32 or 226 but not article 136 or 227 of the constitution of india. in union of india v .....

Tapender Singh Vs. Jai Singh and ors.

Court : Himachal Pradesh

Reported in : III(2004)ACC775,2005ACJ962

..... schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed, or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been injured shall, where ..... section 2(1) (n) or under schedule ii entries (i), (vii) and or (xxxvii). foundation had to be laid in the pleadings to show that the court/ tribunal has the jurisdiction to have entertained the case and for that purpose on the doctrine of civil law, mr. kanwar urged that only averments made in the pleadings, i.e ..... . ltd. v. sethu madhavan, 1993 acj 1035 (kerala), have held:'the administrative and quasi-judicial proceedings are not fettered by technical rules or evidence and the tribunals are entitled to act on materials which may not be accepted as evidence in a court of law. but they should adhere to the rules of natural justice.'(7) considering all the .....

Himachal Road Trans. Corpn. Vs. Amar Singh

Court : Himachal Pradesh

..... at bathri hospital and thereafter referred to district hospital, chamba, for further management. at the district hospital, the right arm of the petitioner had to be amputated above the elbow joint. the petitioner, accordingly, approached the motor accidents claims tribunal, chamba, seeking compensation of rs. 3,00,000/-for the bodily injuries sustained by him. the petitioner at the ..... was being driven by the driver respondent at a very high speed and due to such high speed he was unable to stop the bus and, therefore, was forced to take the bus towards the wrong side of the road when it happened to strike against the hill, thereby causing injuries to the petitioner. the negligence on ..... correct criterion in such cases is first to find out as to whether it is a case in which arm or any part of the body of a passenger travelling by the bus was protruding unreasonably and whether such an act on the part of the passenger was fraught with danger; and lastly, whether a conclusion was inevitable .....

Col. M.K. Chauhan Vs. Cosmo Ferrites Ltd. and ors.

Court : Himachal Pradesh

..... expenditure incurred at batra hospital for undergoing angiography etc. was not relatable to the accident. this finding was rendered by the tribunal on the basis that the appellant was suffering from diabetes (type-ii) and hypertension, which were not relatable to the ..... nect and cervical spine.n/e fever and trauma.on exam : average builtafebrileno other positive finding.systemic exam : nadlocal exam :forces is obliterated.cervical spine: local tenderness.no neurological deficit.lumbar spine: lumbar iordosis obliteratedspass minimum ptd : 24'str bilateral 70no ..... 1. name 2. service no. 3. rank/rate 4. unitm k chauhan ic-26599-w col hq nccshimla5. service 6. arm/corps/branch/trade 7. agearmy madras regt 51 yrs.inf officer.8. address on leave, if applicable - 9. dated duty on14 ..... is no dispute with respect to the fact that the accident infact occurred and that this was relatable to the wrongful acts of respondent no. 2 who was driving the vehicle for and on behalf of respondent no. 1. so far .....

Krishni and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Reported in : I(1997)ACC251

..... party risks. (vide section 96). in other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with an insurance policy covering third party risks which is in conformity with the provisions enacted by the legislature. it is so provided in order to ensure ..... of the tractor had not agreed to carry unauthorised passengers and it is a case of forceful occupation particularly when they were in a drunken condition. similarly, insurance company was also exonerated of its liability as according to the tribunal, it is not liable for unauthorised and illegal carriage of passengers who were trespassers qua ..... was under consideration before the apex court was in relation to interpretation of exclusion clause and meaning of expression 'breach'. after examining the provision of motor vehicles act, as well as construing the terms of policy, the appeal of the insurance company was disallowed and the insurance company was held responsible. relevant paras from .....