Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Page 95 of about 27,321 results (0.415 seconds)

Bharat Sanchar Nigam Limited and Others Vs. Central Administrative Tri ...

Court : Punjab and Haryana

..... rise to recurring cause of action. therefore, the bar of limitation in terms of section 21(3) of the act would not be applicable. similar question has been examined by this fact in respect of the armed forces personnel, who have been declined disability pension in the case of ex. naik umed singh versus union of india ..... that the claim of the applicant was declined in the year 2003 but he has approached the tribunal in the year 2011. therefore, his original application is beyond the period of limitation prescribed under section 21 (3) of the administrative tribunal act, 1985. it is also argued that the pay fixation is in terms of circular issued, ..... the high court of punjab & haryana, chandigarh cwp no.27876 of 2013 date of decision: 07.07.2014 bharat sanchar nigam limited and others ....petitioners versus central administrative tribunal and another ....respondents present: - mr.anil rathee, advocate for the petitioners.mr.n.p.mittal, advocate for the respondent no.2. coram: hon'ble mr.justice .....

Security Printing Corporation Of India Ltd And Ors Etc. Vs. Vijay D. K ...

Court : Supreme Court of India

..... does not include any discharge or retrenchment has member of the armed forces of the led to that dispute, but does not union; include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed ..... relation to holders of civil post.17. the definition of the expression service matters , is provided in section 3(q) of the administrative tribunals act, 19857 and it reads as follows:- 3. definitions. in this act, unless the context otherwise requires, xxx xxx xxx (q) service matters , in relation to a person, means all matters relating to ..... by virtue of rule 100 of the 1963 rules, they stood 8 excluded from the benefit conferred by section 59(1) of the 1948 act.10. thus, the central administrative tribunal reached diametrically opposite findings of fact, in two different sets of cases filed by employees who were identically placed and discharging identical duties and responsibilities .....

Bayer Abs Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... factory to the depot even in case where the manufacturer sold the goods at a uniform price all over the country by including the element of equalized freight. the tribunal has upheld the view of the department on the reasoning that by this amendment the definition of the term "place of removal" has been extended to include the depot ..... had held the eligibility of deductions and thus no levy on equalised freight. in vip industries ltd. case, after considering the amendments made to section 4 of the central excise act, 1944 as regards the "place of removal" the court held as follows- "5. after the amendment, the department sought to include in the value the cost of ..... excise., aurangabad (by the supreme court) vide order reported in 2003 (155) elt 8 (s.c.) wherein it was held that amendments of section 4 of central excise act, 1944 have made no difference to the earlier position as settled by the court vide its orders in the case of union of india v. bombay tyre international ltd. (1983 .....

Frank Vs. Mangum

Court : US Supreme Court

..... to put an extreme case and show what we mean, if the trial and the later hearing before the supreme court had taken place in the presence of an armed force known to be ready to shoot if the result was not the one desired, we do not suppose that this court would allow itself to be silenced by the suggestion ..... of the state, but prevented by another agency of higher authority, there is no violation by the state. it is for the state to determine what courts or other tribunals shall be established for the trial of offenses against its criminal laws, and to define their several jurisdictions and authority as between themselves. and the question whether a state ..... to establish this doctrine would, in a very practical sense, impair the power of the states to repress and punish crime, for it would render their courts powerless to act in opposition to lawless public sentiment. the argument is not only unsound in principle, but is in conflict with the practice that prevails in all of the states, so .....

Lee Vs. Madigan

Court : US Supreme Court

..... s. 241 the court does not reach petitioner's contention that he could not constitutionally be tried by court-martial because he was not a member of the armed forces at the time this offense was committed. it is sufficient to say that this contention is also squarely foreclosed by kahn v. anderson, supra, and that, ..... and efficiency required by the exigencies of the period and the necessities of military government." civil courts were, indeed, thought to be better qualified than military tribunals to try nonmilitary offenses. they have a more deeply engrained judicial attitude, a more thorough indoctrination in the procedural safeguards necessary for a fair trial. moreover, ..... , in construing a statute, recognized that "'the state of war' may be terminated by treaty or legislation or presidential proclamation. whatever the mode, its termination is a political act." see also woods v. cloyd w. miller co., 333 u. s. 138 ; knauff v. shaughnessy, 338 u. s. 537 , both expressly recognizing that the .....

Ningayya Erayya Hiremath Vs. Land Tribunal

Court : Karnataka

Reported in : ILR1988KAR2915; 1988(3)KarLJ60

..... by a tenant who is a minor, a widow, an unmarried woman or who is subject to physical or mental disability or who is a soldier in service in the armed forces of the union or a seaman shall not be liable to be terminated under the said sub-section only on the ground that such land has been sublet by or ..... the sale of the tenancy rights in favour of the appellant, she continued to be in possession of the land and therefore she was entitled to occupancy rights. the land tribunal (by majority decision) on the material on record, came to the conclusion that respondent no. 3 continued to be in possession of the land notwithstanding the sale of tenancy ..... in dispute in accordance with law, that the appellant does not satisfy the requirements of the definition of a tenant as given in section 2(a)(34) of the act, that the act contemplates actual possession and cultivation and that the appellant not being in possession of the land, cannot claim occupancy rights over the land in dispute.5. we have .....

Muragani Ramalingam Vs. Kondapalli Gurumurthy Reddy

Court : Andhra Pradesh

Reported in : AIR1955AP85

..... 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.228 : if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law ..... virew the powers of the legislature. it is further submitted that on the formation of the andhra state, the madras buildings (lease and rent control act has ceased to be in force in the andhra state and the rent controller has no jurisdiction to proceed with a petition under s. 4. it is, therefore, prayed that ..... of revision or transfer that can be done notwithstanding the restrictive provisions contained in the laws passed by the state for the jurisdiction conferred on this court by the constitution act cannot be controlled by state legislature'.(8) 'in re: tirupuliswamy naidu', : air1955mad287 (d), satyanarayana rao j. and rajagopalan j., held that the jurisdiction vested .....

Ram Saran Tewari Vs. Raj Bahadur Varma and ors.

Court : Allahabad

Reported in : AIR1962All315

..... 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.' article 228 reads':- '228--if the high court is satisfied that a case pending in a court subordinate to it involves a ..... the court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess. a tribunal may be competent to enter upon an enquiry but in making the enquiry it may act in flagrant disregard of the rules of procedure or where no particular procedure is prescribed, it may violate the ..... and sukhdeo : air1951all667 and lay down a different test for determining subordination of a court to the high courts.41. a commissioner was appointed under public servants (inquiries) act, 1850 to enquire into charges levelled against an employee of the state of bihar. during the enquiry brajnandan sinha, deputy secretary to government, wrote some letters to the .....

Chaitanya NaraIn and ors. Vs. Union of India (Uoi) and ors.

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 .....

Steel Authority of India Ltd. and ors. Vs. Authority Under the Minimum ...

Court : Madhya Pradesh

Reported in : (2007)IILLJ750MP

..... an employee declared to be an employee by the appropriate government; but does not include any member of the armed forces of the union.25. it is also apposite to refer to section 12(1) of the 1948 act. it reads as under:12. payment of minimum rates of wages.(1) where in respect of any scheduled employment ..... apprehension of mr. shrivastava is that if a finding is recorded by the competent authority it would cause prejudice to the reference pending before the central government industrial tribunal and may create a tremendous remora for the management. in this backdrop he has supported the order of the learned single judge.18. eventually in paragraph 17 ..... forum. the writ court may not be the appropriate forum to decide this question. we, therefore, direct the appropriate government to refer this question to industrial tribunal who will whether or not the alleged employment through contractor is sham and bogus and whether in fact there is direct employment by the company,we clarify that .....