Judgment Search Results Home > Cases Phrase: army act 1950 preamble 1 army act 1950 Court: himachal pradesh Page 1 of about 386 results (0.135 seconds)

Shimla Education Society and Trust Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR2008HP4

..... the state legislature subject to limitations and restrictions under the constitution.in the instant case, admittedly, parliament has enacted 1993 act, which is in force. the preamble of the act provides for establishment of national council for teacher education (ncte) with a view to achieving planned and co-ordinated development ..... grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the commission constituted under the act for declaring technical educational institutions as deemed universities, setting up of national board of accreditation to periodically conduct evaluation on the basis of guidelines ..... the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the state authorities act illegally.17. the hon'ble supreme court had also considered the same and similar issues as raised in this petition in thirumuruga kirupananda variyar .....

Brig. J.S. Sivia Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : (1994)ILLJ906HP

..... of the concerned officer for all times and affect his chances of promotion cannot be justified on any canon of construction. it deserves highlighting that under the army act, army rules and regulations, an officer of the rank of lt. colonel and above cannot be punished summarily. summary punishment can however be awarded to the officers ..... by him. it is denied that the instructions contained in the letter dated february 23, 1986 (annexure p-e) are ultra vires of army act, army rules or the regulations for the army.5. the petitioner has filed a rejoinder, reiterated the averments made in the writ petition and denied the contrary stated in the reply- affidavit ..... letter has been issued by the adjutant general. he is not authorised to issue any such policy letter under the army act, army rules or regulations. army rules have been framed under section 191 of the army act these regulations have been issued by the central government in exercise of the powers conferred on it by section 192 of .....

Dilawar Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ531

..... of persons liable to be tried by court-martial.--(1) the 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 ..... is no dispute that the petitioner is a military personnel and subject to military law. therefore, in view of the provisions of sections 69 and 70 of the army act, 1950, the petitioner can be tried by the court-martial for the offences alleged to have been committed by him.5. the relevant provisions providing for the initiation of ..... court-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 125 .....

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

Court : Himachal Pradesh

Reported in : 2000CriLJ2393

..... or air force when commit any offence are dealt with the special provisions contained in the army act, 1950 or the navy act, 1957 or the air force act, 1950 and not by the normal criminal procedure code. the said navy act is a complete code by itself and prescribes the procedure to be followed in case it is decided that an officer should be ..... 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. major a. hussain ..... 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 .....

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court : Himachal Pradesh

Reported in : AIR1954HP52

..... act as originally passed in 1870 unaffected by any future amendments. the learned counsel for the appellant relied upon this decision.since then ..... the himachal pradesh (application of laws) order, 1948, which came into force on 25-12-1948. the act was again extended to himachal pradesh, amongst other acts, ordinances and regulations, by the merged states (laws) act (lix of 1949), which came into force on 1-1-1950, but without reference to any amendment. in view of this omission and of the effect of section ..... 5 of the 1949 act just cited it was held by this court in--'munshi ram v. raghubir chand', air 1952 him- p. 60 (b), that since the passing of the said 1949 act, i.e., since 1-1-1950 court-fee was payable in this state under the court-fees .....

Devi Singh and ors. Vs. Mt. Phulma and ors.

Court : Himachal Pradesh

Reported in : AIR1961HP10

..... is answered against the plaintiffs.22. point (b) : the first question that arises for consideration is as to whether as a result oi the provisions of the hindu succession act, 1950,hereinafter to be referred as 'the act', the property comprised in the deed of gift in question became the absolute property of mt. phulma. section 14 of the ..... referred to above, containing extracts from misal haqiat or the jamabandi for the years 1914, 1914-15, 1918-19, 1922-23, 1930-31, 1934-35, 1938-39, 1942-43, 1944, 1950-51 and 1953-55. i will advert to the aforesaid history sheets later on, but at this stage i would refer to the extracts for the years 1914 and 1914 ..... property and the plaintiffs did not have any interest therein; (ii) as mt. phulma was not in possession of the disputed property at the time when the hindu succession act of 1956 came into force she did not become the absolute owner thereof and (iii) as the donees were themselves the reversioners to the estate of mehar singh, the plaintiffs .....

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

Court : Himachal Pradesh

..... , in view of the allegation that he was working as an office orderly. the finding of the tribunal is that amar singh was a soldier of indian army and as such had the status of a member of the armed forces. this finding has not been challenged during arguments here.(46) mr. misra, for the ..... void.obviously, the arrangements made by the appellant for the appointment of his polling agents were in contravention of the mandatory provisions of section 46 of the act. these provisions cannot be circumvented by a reference to physical factors like distances, large number of polling stations, lack of communications etc. courts have to administer ..... surat ram, lambardars, 'also canvassed for dr. parmar and they were also appointed as polling-agents at puruwala kanshipur and tandyula, respectively, (i) various provisions of the act and the rules, framed thereunder were infringed thereby materially affecting the result of the election. for instance, although polling stations nos. 433, 416, 83, 247 and 46 .....

Mt. Krishni Vs. Gannun

Court : Himachal Pradesh

Reported in : AIR1952HP51

..... c. p. code.4. the learned subordinate judge dismissed the suit on 30-5-1949, but the learned districtjudge of bilaspur allowed the plaintiff's appeal on 6-11-1950 and granted a declaratory decree in favour of the plaintiff to the effect that the entries in the revenue records showing the defendant as owner of the moiety share in ..... the state of himachal pradesh by the himachal pradesh (application of laws) order, 1948. i, therefore hold that the defendant-appellant is not entitled to the benefits of the act in question.9. as regards the question of unchastity, the only moral lapse attributed to the appellant is the birth of an illegitimate son. the exact point of time ..... her husband; (3) that the defendant-appellant is entitled to the benefits of, and to succeed to the property in suit under the hindu women's rights to property act, 1937; and (4) that the finding with regard to custom had been recorded against her without there having been any clear cut issue on that point and without the .....

H.P. Agro Industries Corporation Ltd. Vs. S.N. Chemicals and ors.

Court : Himachal Pradesh

Reported in : 2006(1)ShimLC162

surjit singh, j.1. plaintiff is a company, registered under the companies act, 1950. it is owned and controlled by the state of himachal pradesh. shri r.k. sharma, its divisional manager of pesticides wing, is authorized to file the suit on behalf of .....

Mohinder Pal Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP15

..... not designed to achieve any public purpose. it is by way of revenge against old feudal system of rajas as is apparent from the preamble to the act and the statement of objects and reasons appended with the bill. it states that in case the management is allowed to continue, it would result in 'heavy loss to the ..... to achieve the above objectives. roop singh thakur minister-in-charge' 59. where the enacting part of an act is explicit and unambiguous, the preamble cannot be resorted to, to control, qualify or restrict it; but where the enacting of the act is ambiguous, the preamble can be referred to explain and elucidate it. in powell v. kempton park race course co., 1899 ac ..... , the power to prohibit the exercise of the right. that view does find support in the observations of lord porter in commonwealth of australia v. bank of new south wales, (1950) ac 235 but the present legislation cannot he sustained even on the above interpretation of the word 'restriction', as section 3(1) of the .....