Court : Supreme Court of India
Reported in : AIR1999SC1980; 1999(1)ALD(Cri)913; 1999(2)ALT(Cri)261; 1999CriLJ2894; 1999(3)Crimes60(SC); 1999(2)CTC503; JT1999(3)SC631; 1999(3)SCALE620; (1999)4SCC521; [1999]3SCR513; 199
..... or air force when commit any offence are dealt with by the special provisions contained in the army act or the navy act or the air force act and not by the normal 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 ..... invoking jurisdiction under article 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the act prescribing the procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice which ..... counsel appearing for the union of india contended with vehemence that the court martial proceeding having been continued in accordance with the procedure laid down under the navy act and the competent authority on the basis of the evidence of mrs. nirmala sharma having found the respondent guilty of charge under section 354 and punishing him thereunder .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC983; 1998(1)ALD(Cri)470; 1998(1)ALT(Cri)185; 1998CriLJ1402; 1998(1)Crimes62(SC); JT1998(4)SC228; 1997(7)SCALE717; (1998)1SCC756; [1997]Supp6SCR470; (1998)1UPLBEC24
..... (v) mt accidents resulting in fatal or serious casualities, accidents involving civilian vehicles resulting in damages to property or injuries to civilians or person subject to army act.(c) other serious cases e.g. unnatural deaths not covered under sub-para (b) above.24. it is quite obvious that the charge framed against ..... and affray where persons subject to army act are involved.(b) breaches of discipline :-(i) collective insubordination.(ii) suicide, attempted or suspected suicide; (iii) murder or an attempt to murder, (iv) ..... relevant part of it reads as follows :adjutant general's branchsao 13/s/so discipline-procedure for submission of reports regarding incidents and offences involving army personnel and for their investigationincidents and offences to be reported.1. the following incidents and offences will be reported :-(a) all cases of assault .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIIAD(Delhi)917; 96(2002)DLT432; 2003(1)SLJ1(Delhi); 2002(5)SLR399
..... .1988 has been passed in exercise of power under section 18. the order is as under: the president, in exercise of the powers conferred by section 18 of the army act, 1950 and all other enabling provisions in this behalf, is pleased to order that the services of ic-3066l maj. rajinder singh of 252 (i) ad missible bty. shall be ..... in the case of hazara singh v. chief of air staff (delhi) 1982 (1) slr 521 to contend that if the power is exercised under section 18 of the army act by the president of india, then exercise of such power cannot deny pensionary benefits to the petitioner. there is no dispute about the fact that the order dated 24.11 ..... preceded by an order of dismissal, or cashiering either in pursuance of a court martial trial or in pursuance of an action taken under sections 19 and 20 of the act and the rules. as admittedly none of the eventualities were present the condition precedent to taking action under pension regulation 16(a) were lacking. the respondents seek to justify .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi546
..... on the expiry of the period for which his retention inservice beyond 52 years of age has been approved.' the petitioner made statutory complaint under section 27 of the army act to the hon'ble defense minister (annexure p-ll) against the order which proved abortive and the petitioner was retired in terms of the aforesaid communication. (3) ..... factual substance, and that the transactions were of three years old and they could not be made subject matter of any disciplinary action against the petitioner under the army act. with regard to the third case. the ministry of defense, came to the conclusion that the case against the petitioner could not be substantiated and, thereforee, ..... or otherwise of the decision are not open to judicial review. it may be sufficient in this connection to refer to the cases of machinder shivaji v. the king, air 1950 federal court 129,(8), barium chemicals ltd. v. company law bobrd, : [1967]1scr898 and rohtas industries limited v. s. d. aggarwal. a.i.r. 1969 sc .....
Tag this Judgment!Court : Delhi
Reported in : 1988(15)DRJ405b
..... ever asked whether he objected to be tried by lt. col. sebastian. the factual position is admitted. mr. satpal, learned counsel for the state, however, submits that army act (sic) section 130 is not applicable to summary court martial. he submits that the said provision is applicable to three types of court martial i.e. general court martial ..... (4) the only ground urged before us by mr. gupta, learned counsel for the petitioner is that the procedural safeguard as provided under section 130 of the army act not having been complied with, the proceedings of the summary court martial are vitiated and thus liable to be set aside. in support of his contention, mr. gupta ..... at the relevant time was a non-commissioned officer holding the rank of a naik. he was charged for an offence under section 40(a) of the army act (hereinafter called the act). the charge framed by his commanding officer lt. colonel m.c. sebastian on 1st april, 1986 reads as follows :- 'usingcriminal force to his superior officer .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT654; 1992(1)SLJ209(Delhi)
..... a certificate and particularly when no such grievance had been made by him in his statutory complaint dated may 26, 1989, made under section 27 of the army act (for short 'the act') copy of which is annexure ii to the writ petition.(3) even otherwise in the case of an officer the requirement of rule 22 and rule 23 ..... that 90 days have been prescribed for dealing with the statutory complaint at different levels and thereafter 45 days period has been prescribed for dealing with the matter in army headquarters but the regulation also makes it clear that in case of delay a report explaining the reasons for delay would be forwarded to the next higher authority. the ..... opportunity to teach the petitioner a lesson and thus, the petitioner has been victimised on account of the malafide act of his commanding officer. it appears that the petitioner was keen to take up flying as the profession in the army and for that purpose there was a pab test. he had earlier made an application for taking this test .....
Tag this Judgment!Court : Delhi
Reported in : [2008]87SCL51(Delhi)
..... state of bihar).42. while considering the question raised with regard to exercise of the power of the central government under section 19 of the army act, 1950 with rule 14 of the army rules, 1954, the apex court in : [2001]2scr1127 union of india and ors. v. harjeet singh sandhu held that the parameters of ..... provision is also to prevent frivolous petitions against public trusts by persons having no real interest in its affairs. the court held that the advocate general acted as a statutory administrative authority while considering such an application; that grant of the application does not prejudicially effect persons who were proposed to be ..... rejected all the contentions raised by the company and held that while passing orders on an application under section 399(4) of the companies act, 1956, the authorities are acting in discharge of executive and administrative functions, which consideration is based on their subjective satisfaction.35. this judgment of the learned single judge was .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker135
..... this writ petitioner is concerned, those rules will have no application because it is specifically provided in the travancore cochin prohibition act, 1950, t. c. act 13 of 1950, that in the areas where the said act applies, the abkari acts in both cochin and travancore areas as a whole stand repealed. that is, according to mr. v.k.k. menon ..... drug except in the manner provided therein. therefore, it will be seen, that both chapters iii and iv deal with all the matters provided for in the preamble to the act, namely, import, export, transport, manufacture, sale and possession of intoxicating liquor or intoxicating drug. chapter v deals with the levy of duty on liquor and ..... granted in accordance with the provisions of these rules.'20. now i will advert to the scheme of the travancore abkari act, 4 of 1073 which is almost identical with the cochin abkari act also. the preamble to this statute states that 'it is expedient to amend the law relating to the import, export, transport, manufacture, .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom
..... have been in the contemplation of the legislature to bring in the regal functions of the state within the definition of industry. after consideration of the scope of the act, the preamble and various other decisions their lordships have observed at p. 531 : '. . . the word 'employers' in clause (a) and the word 'employees' in ..... existence of that relationship. the cognate definitions of 'industrial dispute,' 'employer,' 'employee,' also support it. the long title of the act as well as its preamble show that the act was passed to make provision for the promotion of industries and peaceful and amicable settlement of disputes between employers and employees in an ..... organized activity by conciliation and arbitration and for certain other purposes. if the preamble is read with the historical background for the passing of the act, it is manifest that the act was introduced as an important step in achieving social justice . . . the history of labour legislation both .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD123; 1999(4)ALT32
..... vitiated and invalid.in s.n. mukherjee v. union of india, : 1990crilj2148a , a constitution bench of the supreme court dealing with a case arising under army act, 1950, the question which fell for consideration before the hon'ble supreme court was'is there any general principle of law which requires an administrative authority to record the ..... statement.'10. in the absence of any communication by the respondent addressed to the petitioner regarding furnishing of reasons, it has to be held that the respondent acted contrary to law in rejecting the application for arms licence.11. as already noted, the learned government pleader for home contended that in view of remedy of ..... or where there has been a violation of the principles of natural justice or where the order or proceedings are wholly without jurisdiction or the vires an act is challenged.'13. the hon'ble supreme court referred to five judgments of the supreme court rendered during the evolutionary era of the constitutional law and in .....
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