Court : Madhya Pradesh
Reported in : 1994ACJ579
..... no fault' liability was inexorable because the right in that regard was indefeasible. the view taken in mahila ramdei's case 1987 acj 764 (mp), that the tribunal is required to act suo motu was reiterated. the sum awardable on the principle of 'no fault' liability has remained statutorily fixed. the legislative command of section 144 (new), 92 ..... the vehicle without blowing any horn or giving any warning as a result of which he fell down on the ground and suffered fracture of bones of both arms. he examined the co-passengers har prasad and m.l. maheshwari who supported him. he was confined in j.a. hospital from 13.1.1983 to ..... clause to bar expressly claim tribunal's jurisdiction exercisable under the m.v. act, it refers expressly only to workmen's compensation act and debars proceedings under that act in respect of an 'employment injury'. however, what meaning is to be attributed to the expression, 'or any other law for the time being in force or otherwise', which immediately follows .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)ILLJ338P& H
..... specified under this sub-section had expired without such proceedings being completed.(3) where an industrial dispute has been referred to a board, labour court, tribunal or national tribunal under this section, the appropriate government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be ..... parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a board, court (labour court, tribunal or national tribunal), the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly.(2-a) an order referring an ..... it theduty to act justly.'62. in ranjit thakur v. union of india (1988-i-llj 256), as well as in sardar singh v. union of india a.i.r. 1992 s.c. 417, their lordships of the supreme court applied the principle of proportionality even in the cases of members of armed forces and declared the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]1SCR778; [1963]Supp2SCR778
..... commences with the words 'notwithstanding any thing in this chapter'. only one exemption has been made in favour of a court or tribunal constituted by or ordered under any law relating to the armed forces. 232. there are other jurisdiction of the supreme court also, which may be described as advisory and original, arising in special ..... as infringing fundamental rights guaranteed therein, and that even if they are subject to the restrictions in part iii, an order of assessment made by a tribunal acting judicially under a statute which is intra vires such as the impugned order dated december 20 1958, does not infringe article 19(1)(g), and that, ..... (3) the consequence is the same where assessment is made by an authority which has no jurisdiction to impose the tax and (4) if an administrative tribunal acting quasi-judicially misconstrues a provision which it has jurisdiction to construe and therefore imposes a tax infringement according of article 19(1)(g) would result according to kailash .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC90; 35(1969)CLT223(SC); [1968(17)FLR311]; (1969)ILLJ557SC; [1969]1SCR287
..... of the happenings on the material dates had not been withdrawn even up to the time he gave his deposition be fore the tribunal and that the factory and the surrounding premises were being watched and guarded by armed police force till bali jatra and thereafter by the orissa military police. there is nothing to indicate that the police had refused to give ..... by the appellant or whether there was a refusal to employ the workmen which would fall within the expression 'lock out' as defined by section 2(1) of the act. the tribunal found:-(i) since the morning of october 3, 1967 there had been no production by the factory of the appellant and the operatives had not been employed;(ii) by ..... to four months' wages every year except in 1961-62. for the subsequent three years bonus was paid at the rate of four per cent under the payment of bonus act, 1965 (act xxi of 1965). the workmen were not satisfied with the payment at the rate of four per cent and raised a dispute. on august 22, 1965, they made a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1393; (1997)2CALLT86(SC); JT1996(11)SC525; (1997)IILLJ388SC; 1997(1)SCALE21; (1997)3SCC387; [1996]Supp10SCR441
..... to a lawful command for purposes of section 41 of the army act 1950. this court observed that the question 'has to be examined in the context of the imperatives of the high and rigorous discipline to be maintained in the armed forces. every aspect of life of a soldier is regulated by discipline. rejection ..... in a.l. kalra's case (supra) is clearly distinguishable. before holding that there was no justification to initiate disciplinary proceeding against the respondents, the tribunal ought to have considered whether there was 'good and sufficient reason' for initiating such proceedings against him. it was not at all justified in taking that ..... : (1994)illj162sc . the law laid down in mohd. ramzan khan's case (supra) has prospective operation only.6. the third reason given by the tribunal that there was no justification of initiating a disciplinary proceeding against the respondent is also not sustainable. the proceeding was initiated against the respondent for his indisciplined conduct in .....
Tag this Judgment!Court : Delhi
Reported in : 2004CriLJ3994; 2004(73)DRJ494
..... with primarily with cases falling under the criminal procedure code. he has also contended that under army act certain fundamental rights can be abridged under article 33 of the constitution of india so as to maintain discipline in the armed forces.8. we have given our careful consideration to the arguments advanced by learned counsel for ..... both the parties. juvenile justice (care & protection of children) act was passed by the parliament pursuant to the resolution adopted by the united ..... arising out of a general act and a special act without any specific exclusion of the jurisdiction in the general act of that conferred under the special act. but that principle may not have any relevance to a case where the general act in express terms confers jurisdiction on a particular tribunal in respect of specified offences .....
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)276; 98(2002)DLT624
..... of the opinion that the petitioners cannot be said to be the civil servants and as such the tribunal has rightly held that they have no jurisdiction to entertain the application under section 19 of the administrative tribunal act.51. however, the petitioners have pointed the malpractices taken recourse to by a section of the officers to ..... the commandant in the interest of the country. the said act and the rules further postulate that the members of the force would be volunteers.21. the petitioners having not questioned the virus of section 2 of the said act and the relevant rules before the tribunal cannot be permitted to raise the said contentions for the first ..... 6-a postulates that every member of the home guards, upon cessation, would forthwith deliver up to the commandant his certificate of appointment or of office and the arms, accouterments, clothing and other necessary items which had been furnished to him. section 6-b provides for punishment of the members. sub-section (1-a) of .....
Tag this Judgment!Court : Delhi
Reported in : 1996(37)DRJ390
..... fundamental rights. in the larger interest of national security and military discipline parliament in its wisdom may restrict on abrogate such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizens not entitled to the benefits of the liberal spirit of the ..... a distorted picture in the minds of the military personnel that persons subject to army act are not citizens of india. it is one of the cardinal features of our constitution that a person by enlisting in or entering armed forces does not cease to be a citizen so as to wholly deprive him of his ..... hoc bodies appointed by a military officer from among his subordinates. they have always been subject to varying degrees of 'command influence'. in essence, these tribunals are simply executive tribunals whose personnel are in the executive chain of command. frequently, the members of the court-martial must look to the appointing officer for promotions, advantageous .....
Tag this Judgment!Court : Delhi
Reported in : 156(2009)DLT41
..... go for a judicial review even in respect of court martial proceedings pertaining to armed forces whenever it is brought to their notice that the court martial while holding the trial, convicting and sentencing a person, has acted beyond the provisions of the act or the rules and regulations framed thereunder. interferences may also be called for if ..... essence of a judgment that it is made after due observance of the judicial process; that the court or tribunal passing it observes, at least the minimal requirements of natural justice is composed of impartial persons acting fairly and without bias and in good faith. a judgment which is the result of bias or want of ..... otherwise, looking to the role assigned to this court while exercising writ jurisdiction in relation to a matter concerning validity of a court martial by armed forces, the jurisdiction is very limited. we have not to re-appreciate the evidence or have to displace the conclusions drawn by a duly constituted court martial having .....
Tag this Judgment!Court : Kolkata
Reported in : (2010)ILLJ496Cal
..... on daily wages or contractual basis.' the view of the p.k. sandhu v. shivraj v. patil (supra) has been referred to and relied in the case retd. armed forces medical association and ors. v. union of india and ors. : (2006) 11 scc 731.17. hence, it appears that appointing authority has every right to appoint ..... 'creation of post/abolition etc. are executive function and court cannot pass any order of regularization of service.' it has further observed 'even under the industrial dispute act, if tribunal allows the ad-hoc/temporary, casual/daily rated employee to continue till superannuation, same is hit by the law settled in the case secretary, state of karnataka and ..... provision and tribunal has right to pass any decision even by creating new rights. industrial dispute act, 1947 came into effect from april 1, 1947 is a law under article 13 of the-constitution of india. article 13 reads such:13. laws inconsistent with or in derogation of the fundamental rights.-(1) all laws in force in the .....
Tag this Judgment!