Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: old Page 11 of about 27,509 results (0.367 seconds)

The Bharat Bank Ltd., Delhi Vs. Employees of the Bharat Bank Ltd., Del ...

Court : Supreme Court of India

Reported in : AIR1950SC188; (1950)NULLLLJ921SC; (1950)ILLJ921SC; [1950]1SCR459

..... india. (2) nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the armed forces.' 24. the article occurs in chapter iv of the part v of the constitution : 'the union judiciary.' article 124 deals with the ..... its deliberations and is guided by its own notions of right and wrong. the phrase 'industrial dispute' has been defined in section 2, clause (k), of the act as follows :- 'any dispute or difference between employers and employees, or between employers and workmen, or between workmen and workmen, which is connected with the employment ..... this doctrine has never been extended further than to courts of justice and tribunals acting in a manner similar to that in which such courts act'.'53. the learned counsel contended that the word 'tribunal' in article 136 could only have reference to those tribunals which exercise functions equivalent to that of a court of justice. i have .....

Johnson Vs. Eisentrager

Court : US Supreme Court

..... powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war." article 228. this court has characterized as "well established" the "power of the military to exercise jurisdiction over members of the armed forces, those directly connected with such forces, or enemy belligerents, prisoners of ..... court of the district of columbia for writs of habeas corpus. they alleged that, prior to may 8, 1945, they were in service of german armed forces in china. they amended to allege that their employment there was by civilian agencies of the german government. their exact affiliation is disputed, and, for ..... war, or others charged with violating the laws of war." duncan v. kahanamoku, 327 u. s. 304 , 327 u. s. 312 , 327 u. s. 313 -314. and we have held in the quirin and yamashita cases, supra, that the military commission is a lawful tribunal .....

The Union of India (Uoi) Through the Secretary Ministry of Food Govern ...

Court : Allahabad

Reported in : AIR1951All541

..... facts are as follows :2. the plaintiff is a firm, registered under the partnership act carrying on the business of purchasing and selling ghee. in november 1948, the government of india invited tenders for the supply of ghee to the armed forces and the plaintiff submitted one. its tender to supply 2,600 tons of ghee at a ..... , commences an action to have the dispute determined by court, prima facie leaning of the court is to stay the action and leave the plaintiff to the tribunal to which he has agreed. but where the dispute referred to arbitration involves a question of fraud or where the dispute under consideration involves charges against the character ..... one of discretion. thus discretion, of course, must be judicially exercised. but where it has been exercised it will not readily be interfered with, even though the tribunal which is asked to review it may feel that, if the decision had rested with them their own conclusion might have been different: see russell on arbitration 14th .....

Gusik Vs. Schilder

Court : US Supreme Court

..... describing the terminal point for proceedings within the court-martial system, and not as depriving the civil courts of jurisdiction to review by habeas corpus the judgments of military tribunals. pp. 340 u. s. 132 -133. 4. petitioner's belief that resort to article 53 will be futile cannot excuse his failure to exhaust the remedy ..... processes taken on or after february 1, 1949." a petition for a new trial under article 53 is such a process. if article 53 had been in force when the habeas corpus proceedings were instituted, the district court would not have been justified in entertaining the petition unless the remedy afforded by the article had first ..... review was completed prior to the effective date of the article or in which habeas corpus proceedings had been instituted prior to that date. that construction of the act would require extensive tailoring of the language of article 53, since the new article explicitly applies to "cases involving offenses committed during world war ii" without .....

Mohamed Abdul Raoof and ors. Vs. State of Hyderabad

Court : Andhra Pradesh

Reported in : 1951CriLJ273

..... ittehad-ul-muslimeen and the razakar organisation and the connection of the government with them the members of the present tribunal have expressed themselves in shoebullah khan murder case in para. 52 as follows:.it is to be noted clause ..... privately directed financed and equipped, not being a limb of the government but obviously existing side by side with government forces? the inference is irresistible that that army could not exist unless it was not merely tolerated but encouraged by government ..... revenue and police departments, fall in line with the district and taluq organisations of the majlis ittehad-ul-muslimeen, finance, arms, transport, petrol, cloth and food rations were liberally supplied to the razakars who were engaged in organising a state-wide ..... the caste hindus out of the state by creating conditions of alarm and panic, by killing, looting and other acts of violence in pursuance of this criminal conspiracy and as a direct result thereof between december 1946 and september 1948 .....

israil Khan Vs. the State

Court : Guwahati

..... to which it exercises jurisdiction. every h. c. therefore, has got powers of superintendence over all cts. & tribunals functioning within the limits or its territorial jurisdiction, except cts. or tribunals constituted by or under any law relating to the armed forces. under section 107, govt. of india act, the powers of superintendence could be exercised only over cts. subject to the appellate jurisdiction of the ..... h. c. under article 227 this is not the case. ail cts. & tribunals, even if they are not subject to the .....

Sukhdeo Baiswar Vs. Brij Bhushan Misra and ors.

Court : Allahabad

Reported in : AIR1951All667

..... tribunals . . . .'(2) without prejudice to the generality of the foregoing, provision, the h. c. may (a) call for returns from such cts.:*****(3) the h. c. may also settle tables of fees . . . .(4) nothing in this article shall be deemed to confer on a h. c. powers of superintendence over any ct. ortribunal relating to the armed forces ..... a case under section. 145, cr. p. c. this ct. revised a subordinate ct.'s order passed under section 36 of the legal practitioners' act in chaturbhuj v. e. according to the special bench, which decided the case of balkrishna hari phansalker, the power of superintendence included that of superintendence not ..... this ct. exercises a vigilant watch over the proceedings of inferior cts., & successfully prevents them from usurping powers which they do not possess, or otherwise acting contrary to law, it would seem almost a natural corollary that it should possess correlative powers of guarding them against unlawful attacks & interferences with their independence .....

S. Kapur Singh Vs. L. Jagat Narain

Court : Punjab and Haryana

Reported in : 1951CriLJ950

..... previous approval of the governor.4. nothing in this article shall be deemed to confer on a h. c. powers of superintendence over any ct. or tribunal constituted by or under any law relating to the armed forces.it is clear that this article gives the h. c superintendence over all cts. & tritbunals functioning in its territories other than cts. martial i.e ..... alone is not sufficient to make the comr. or comrs. any thing other than a ct. & it is to be noted that the definition of ct. in section 3, evidence act, is very wide indeed as it reads:'court' includes all judges & mags., & all persons, except arbitrators, legally authorised to take evidence. 4. the question, however, whether the ct. of the .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... the provincial government may, by notification, on a resolution passed by the bihar legislative assembly and agreed to by the bihar legislative council, direct that this act shall remain in force for a further period of one year with such modifications, if any, as may be specified in the notification.' 482. three of the learned judges ..... disposed of by marshall c.j. in the following words :- 'it will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. but congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.' 373. further down the ..... a general power of legislation belonging to a legislature constituted under a rigid constitution does not enable it by any form of enactment to create and arm with general legislative authority a new legislative power not created or authorized by the instrument by which it is established.' in respect of the legislation passed .....

Shankar Nanasaheb Karpe Vs. Returning Officer, Kolaba District and anr ...

Court : Mumbai

Reported in : AIR1952Bom277; (1952)54BOMLR137; ILR1952Bom785

..... , to take a contrary view and come to the conclusion that the nomination paper of the petitioner was rightly rejected by the returning officer and the election tribunal would thereupon act upon that view of the law. now, a court issuing a prerogative writ should never put itself in a position where, as i said before, its ..... effect not to his decision but to our decision, therefore, far from this writ compelling the public officer to act in accordance with law it would force him to act contrary to the clear provisions of the representation of the people act. [7l there is another objection also to the issue of a writ of mandamus, which is equally serious ..... under any law relating to the armed forees. so presumably an election tribunal, set up if necessary after the election, would be subject to the superintendence of the high court under article 227. mr. purshottam said that en our view of the interpretation of article 329(b) even if the tribunal were to act without jurisdiction or were to .....