Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: old Page 12 of about 27,509 results (0.526 seconds)

Motilal Vs. State Through Smt. Sagarwati

Court : Allahabad

Reported in : AIR1952All963

..... power of superintendence now extends not only over all courts situate within its appellate jurisdiction but also over all courts and tribunals (except any court or tribunal constituted by or under any law relating to the armed forces) situate within its jurisdiction. notwithstanding the fact that this article has been the subject-matter of case law in ..... a power partaking of a limited judicial character has been added. that power essentially, in my opinion, is meant only to see whether a court or tribunal has acted within its bounds or not and is ancillary to the administrative powers conferred by the article. it may be that, as hinted by my brother agarwala, ..... superior courts. section 15 then conferred upon them the power of superintendence 'over all courts which may be subject to its appellate jurisdiction.' while this act was in force the question as to the extent of the jurisdiction conferred on the high courts under the power or superintendence came for decision before the various high .....

Jodhey and ors. Vs. State Through Ram Sahai

Court : Allahabad

Reported in : AIR1952All788

..... governor. (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunals constituted by or under any law relating to the armed forces.' 9. a comparison of the above provision of law with analogous provisions of law prior to the constitution of india brings into ..... under the constitution extends to all courts and is not confined to 'subordinate courts' as indicated by the marginal note of section 107, government of india act, 1915. a comparison of the draft constitution with the enacted constitution shows that the marginal notes were inserted under the authority of and with the knowledge of ..... of superintendence was still confined to courts which were subject to its appellate jurisdiction. it could, therefore, be argued that special courts set up under particular acts would fall outside the ambit of the power of superintendence of the high court and were not, therefore, amenable to its jurisdiction with the result that the .....

S. Ramanadhan Vs. the State of Hyderabad

Court : Andhra Pradesh

Reported in : 1952CriLJ1756

..... is only that of the detaining authority, this has been repeatedly laid down by the federal court and the supreme court that the court is the least appropriate tribunal to investigate into this question and the latest case is the case of bhimsen v. the state of punjab, decided by the supreme court in : 1952crilj75 . ..... therefore, the fact that he was discharged from a charge made against him for dacoity could not materially affect the order of detention. we, therefore, see no force in this argument either.5. as regards the third contention it must be admitted that it is open to the detaining authority to detain a person where ho ..... the detention and (3) that while the order o detention directing his detention states that his detention was necessary for the maintenance of public order, the individual acts that have been attributed to the detenu are, that he was creating disloyalty, disaffection against the established government. it was contended that the activities imputed to detenu .....

Madsen Vs. Kinsella

Court : US Supreme Court

..... states, he may, in time of war, establish and prescribe the jurisdiction and procedure of military commissions, and of tribunals in the nature of such commissions, in territory occupied by armed forces of the united states. his authority to do this sometimes survives cessation of hostilities. [ footnote 12 ] the president ..... persons accompanying or serving with the armies of the united states without the territorial jurisdiction of the united states. . . ." [ footnote 18 ] the 1916 act also increased the nonmilitary offenses for which civilian offenders could be tried by courts-martial. [ footnote 19 ] article 15, however, completely disposes of that contention. ..... september 21, 1949, the occupation statute had taken effect. under it, the president vested the authority of the united states military government in a civilian acting as the united states high commissioner for germany. he gave that commissioner "authority, under the immediate supervision of the secretary of state (subject, page .....

Sethuraja Gounder Vs. Board of Revenue, Chepauk, Madras, Represented b ...

Court : Chennai

Reported in : AIR1953Mad972; (1953)2MLJ644

..... that every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. the only tribunals which are excluded from its superintendence are courts or tribunals constituted by or under any law relating to armed forces.article 225 is subject to the provisions of the constitution and ..... board is not a judicial apt. respondent 2 filed a suit under section 13, madras hereditary village offices act for getting himself registered as a headman.under the act there are a heirarchy of tribunals. there is an appeal from the revenue divisional officer to the collector and from him to the revenue board ..... in, any existing high court, shall be the same as immediately before the commencement of the constitution, and as under the madras hereditary village offices act, the jurisdiction of the civil court in respect of the subject matter in question is barred, the high court under article 226 cannot question the order .....

In Re: Annamalai Mudaliar

Court : Chennai

Reported in : AIR1953Mad362

..... article receives strong support from the express exemption from the high court's superintendence of a court or tribunal constituted by or under any law relating to armed forces from which the inference is irresistible that all other tribunals and courts, both civil and criminal are amenable to the supervisory jurisdiction of the high court under ..... 'bimala prosad v. state of west bengal', : air1951cal258 (s.b.). where a tribunal has been set up under a special act, it is the duty of the high court to see, in the exercise of its power of superintendence, that such tribunal acts within the limits of the statute creating it, and applies correctly and properly the laws ..... . emperor', 57 bom. 93 (f.b.) -- 'manmatha nath v. emperor', 37 c. w. n. 201. but sub-section (2) of section 221, government of india act, 1935, expressly barred this power of judicial interference and beaumont c. j. in -- 'balakrishna v. emperor', observed that this taking away of the power of extraordinary revision from the .....

Dal Chand and anr. Vs. the State

Court : Allahabad

Reported in : AIR1953All123

..... 327 is reported to have observed thus:'i think that there is an understandable basis for the exemptions granted to the military canteens, etc., by the act. the armed forces have their own traditions and mode of life, conditioned and regulated by rules and regulations which are the product of long experience and which aim at maintaining ..... in this case, 'inter alia' the validity of section 39, bombay prohibition act, (act xxv of 1949) was challenged on the ground that it contravened the provisions of article 14 of the constitution. section 39 provided for special treatment of persons belonging to the armed forces, military and naval messes and canteens as well as warships and troop-ships ..... it does not refuse to take note of differentiations in economic and social functions, nor of the need for special types of quasi-judicial tribunals-due to the growing tendency towards the enlargement of state intervention in the economic and social life of the country. the administration of evacuee property .....

Haji Sattar and anr. Vs. Joint Chief Controller of Imports and Exports ...

Court : Kolkata

Reported in : AIR1953Cal591

..... the refusal must be held to be bad. see -- 'basantt rice mill v. c. s. maitra', : air1952cal206 (d).it has been held that'if the tribunal has exercised discretion bona fide not influenced by extraneous or irrelevant considerations and not arbitrarily or illegally the courts cannot interfere; they are not a court of appeal from the ..... applicant for licence has been declared an evacuee.the sole ground on which the applications of the petitioners have been refused, appears to be that the branch arms of the petitioners at kanpur and other places outside west bengal have been declared to be evacuee property and as such the firm which carries on business ..... an express or implied duty imposed by statute to act judicially or quasi-judicially. there is, as i have pointed out, no such statutory obligation upon, the respondents. the provisions relating to production of evidence etc. referred to by mr. basu in the red book have no statutory force but they are merely departmental instructions, issued in .....

Madan Mohan Vs. Bankatlal and ors.

Court : Rajasthan

Reported in : AIR1954Raj145

..... it clear that the high. court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, and the only courts or tribunals which are exempted from this superintendence are courts or tribunals constituted by or under any law relating to the armed forces. unless, therefore, there is anything in article 329 which derogates from ..... its jurisdiction on the ground that the decision is wrong. indeed, it must be shown, before such a writ is issued, that the authority, which passed the order, acted without jurisdiction, or in excess of it, or in violation of the principles of natural justice.' 17. we have, therefore, to see whether these four persons were ..... them parties to the petition, even, after the time prescribed for the presentation of the election petition, it cannot be said that the tribunal acted in excess of its jurisdiction, for it could have given the relief which it gave in the absence of these persons also. 18. a further .....

Rawat Man Singh Vs. Roop Chand Sogani and ors.

Court : Rajasthan

Reported in : AIR1954Raj158

..... election petition for default of appearance by the petitioners to the election petition is not contemplated by the scheme of the representation of the people act and the tribunal has been armed with ample powers to make a suitable arrangement for the prosecution of an election petition in case the petitioners for any reason decline to proceed with ..... petition, any person who might have been a petitioner is entitled to become a respondent and oppose the petition. there is, therefore, no force in the argument of learned counsel that the tribunal should have dismissed the petition for default of appearance of the petitioners during the course of trial.17. as to the last point urged ..... resignation of shri k.c. gupta and the appointment of the hon'ble mr. justice k.k. sharma as chairman of the tribunal and the argument against the invalidity of the tribunal has no force.11. as mentioned above, there is no bar to the appointment of members and chairman by different orders of different dates and the .....