Judgment Search Results Home > Cases Phrase: army act 1950 section 10 commission and appointment Court: chennai Page 6 of about 620 results (0.183 seconds)

In Re: Thangapandian Nadar and ors.

Court : Chennai

Reported in : AIR1943Mad280; (1943)1MLJ59

..... but, on the other hand, it may be contended that as a deserter can be arrested under section 123 (1) of the indian army act without any warrant, the production of a warrant cannot be insisted upon. ..... the four petitioners were convicted by the stationary sub-magistrate of nanguneri of offences punishable under sections 447, 353 and 225 b of the indian penal code for the part they are alleged to have taken in rescuing from lawful custody a deserter from the army who had been recently arrested by the local station house officer. ..... it will be seen, therefore, that no warrant is actually issued in such a case but the deserter is to be arrested as if a warrant had been issued and therefore section 56, criminal procedure code, which applies to arrests without warrant, can have no application to a case of this kind. ..... regarding the first point, an attempt was made before the trial magistrate to show that the head constable had not shown the deserter the written order contemplated by section 56 (1) and therefore the arrest was illegal and the accused were entitled to release their companion from this unlawful custody. ..... regarding the second point, the argument in the appeal before the learned sub-divisional magistrate seems to have proceeded entirely on section 56, criminal procedure code and the facts constituting offences under sections 447 and 353 of the indian penal code do not appear to have been traversed at all. mr. v. t. .....

V.Rajarethinam Vs. Registrar of Co Op. Society Housing

Court : Chennai

..... ramaswami, j.delivering the judgment for the unanimous constitution bench held that provisions of sections 164 and 165 of the army act do not require an order confirming proceedings of court martial to be supported by ..... scc836 this court while dealing with the question of selection under the indian administrative service/indian police service (appointment by promotion) regulations held that the expression reasons for the proposed supersession should not be mere rubber-stamp ..... , the court, dealing with the revisional jurisdiction of the central government under the then section 36 of the central excises and salt act, 1944, held that the central government was actually exercising judicial power of the state and in exercising judicial power reasons in support of the order must be disclosed on two grounds ..... singh reported in (2004) 2 scc590 the supreme court while testing the correctness of the judgment rendered under the narcotic drugs and psychotropic substances act, 1985, and the discretion to be exercised by the high court, explained the principles governing the mode of exercise of the discretionary power for ..... electricity regulatory commission, reported in 2009 (15) scc570 started the judgment with an epilogue and it ..... electricity regulatory commission (procedure, terms and conditions for grant of trading licence and other related matters) (amendment) regulations, 2006, the supreme court in global energy limited and another v ..... of the us court in securities and exchange commission v. .....

M. Malarvizhi Vs. Union of India, Rep. by the Postmaster General, Madu ...

Court : Chennai

..... the unanimous constitution bench held that provisions of sections 164 and 165 of the army act do not require an order confirming proceedings of court ..... which the penalty of dismissal, removal or compulsory retirement was originally imposed, the government servant shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders : provided that no such further inquiry shall be ordered unless it is intended to meet a situation ..... such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated ..... way connected with the allegations made against her.21.06.2011the petitioner has made a representation dated 21.06.2011, to the director of postal services, madurai, 2nd respondent, requesting to cancel the defective charge sheet, and to reinstate her into service.07.07.2011the representation, dated 21.06.2011 made to the 2nd respondent was replied by the apmg (staff) stating that there is no provision in the rule to prefer an appeal ..... court in securities and exchange commission v. .....

Swaminathan C.S. and ors. Vs. Simpson and Co. Ltd. and anr.

Court : Chennai

Reported in : [2001(88)FLR1037]; (2001)ILLJ141Mad; (2001)1MLJ288

..... that even an individual dispute relating to bonus between an employer and an individual workman will become an industrial dispute under section 22 of the payment of bonus act, while a full bench of the andhra pradesh high court took the view that it is only the collective dispute with respect to bonus that will become an industrial dispute under section 22 of the payment of bonus act, 1965 and not an individual dispute between an employer and an employee with respect to the bonus payable to that particular ..... the bench answered the questions that every dispute relating to minimum bonus payable under section 10 of the payment of bonus act does not fall within the ambit and scope of section 22 of the act and depends upon what the actual controversy between the parties is. ..... in paragraph 5, the learned judges have referred to aranha's case, cited (supra) and ultimately observed in paragraph 6 as follows:'as far as the claim for minimum bonus is concerned, it is possible to say that it could be agitated in an application under section 33-c(2) of the industrial disputes act as it is a statutory right and there is no necessity to have it either established or declared by raising an industrial dispute or otherwise ..... presiding officer, nagpur where the full bench held that every dispute relating to the minimum bonus payable under section 10 of the payment of bonus act does not fall within the ambit and scope of section 22; it depends upon what the actual controversy between the parries was. .....

K. Johnson Vs. The Superintendent of Police, Kanyakumari District and ...

Court : Chennai Madurai

..... this court would have directed the police not to give permission for such pooja, vice versa, if the petitioner conducts christmas celebrations in a church, 5th respondent cannot have any objection and 5th respondent has also fairly submitted that there may not be any repugnance in the event of the petitioner celebrating christmas festival in any of the churches, which are situated just 100 ..... the constitution of india for issuance of a writ of certiorarified mandamus, calling for the records, relating to the impugned order of the 4th respondent dated 06.12.2015 and quash the same and consequently, direct the respondents to accord permission and provide police protection to the petitioner's christmas celebration scheduled on 25.12.2015 at s.no.119/4a, thumbacode village, kalkulam taluk, kanyakumari district.) 1. ..... petition has been filed, seeking to quash the order of the 4th respondent dated 06.12.2015 and consequently, direct the respondents to accord permission and provide police protection to the petitioner's christmas celebration scheduled on 25.12.2015 at s.no.119/4a, thumbacode ..... follows: i) it is submitted that the petitioner is the secretary of zion christhava narpani mantam, aramannam, cheruppaloor post, kanyakumari district and that the said mantam has been registered under the tamil nadu societies registration act in serial no.36/2010. ..... the act of the respondent in extending permission to one group and declining it to other group will amount to disparity, ..... and the said act .....

State of Tamil Nadu Vs. Devagiri Estate

Court : Chennai

Reported in : [2004]271ITR533(Mad)

..... the learned special government pleader appearing for the appellant submitted that the view of the tribunal that the appellate assistant commissioner has no suo motu power of enhancement under section 31(5) of the act is not correct and he further submitted that under the provisions of section 31(5) of the act, the appellate assistant commissioner has such power. ..... balasubramanian, j.this revision petition has been filed under section 54(1) of the tamil nadu agricultural income-tax act, 1955, by the special commissioner and commissioner of agricultural income-tax, madras, against the order passed by the tamil nadu agricultural income-tax appellate tribunal, madras, in a.t.a. no. ..... the powers of the appellate assistant commissioner in disposing of the appeal are set out in sub-section (5) of section 31 of the act and the said section reads as under'31. ..... the assessee filed an appeal before the tamil nadu agricultural income tax appellate tribunal against the disallowance of the expenditure made by the appellate assistant commissioner and contended that the appellate assistant commissioner has no power to enhance the assessment under section 31(5) of the act suo motu. ..... section 31(5) of the act empowers the appellate assistant commissioner to enhance the assessment after giving a notice and reasonable opportunity of hearing to the assessee. .....

National Small Industries Corporation Ltd. Rep. by Its Regional Genera ...

Court : Chennai

Reported in : (2005)IIILLJ284Mad; (2005)3MLJ126

..... , whether the terms of employment be express or implied, and for the purpose of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not 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 in the police ..... the evidence of mw-1, it is seen that even though the petitioner was appointed as apprenctice trainee (job assistant) the petitioner was doing the same work as a labourer, and further in the cross examination, it has been mentioned that even though the petitioner was the shop assistant, he worked only in the show room on a full time job, and no special training was given to the petitioner, and that during the time of tenure of service the petitioner was ..... the word 'apprentice' has not been defined in the industrial disputes act, 1947, but it has been defined in section 2(aa) of the apprentices act, 1961 as follows:''apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. .....

The Tamil Nad Non-gazetted Government Officers Union, Madras and anr. ...

Court : Chennai

Reported in : AIR1962Mad234; [1962(5)FLR168]; (1962)ILLJ753Mad

..... , whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with or, as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the army act, 1950 (46 of 1950) or the air force act, (45 of 1950), or the navy (discipline) act, (34 of 1934); or(ii) who is employed in the police ..... (2) we shall set forth, a little subsequently, the relevant defenitions and provisions of the indian trade unions act, as well as certain definitions in the industrial disputes act, xiv of 1947; though the learned judge was definitely of the view that these two enactment are not in pari materia and do not together constitute any code or legislation it at least indisputable that sections of the industrial disputes act, 1947, are also very relevant for purposes of comparative analysis. ..... learned counsel (sri ramachandran) argues that the appellant union is keen upon registration under the trade unions act, not merely for the privileges or immunities conferred under sections 17 and 18 of the act, which we have noticed earlier, but even more importantly for this power or being represented in an industrial dispute, by the union. .....

C.K. Ravindaran Vs. New Horizon Sugar Mills Limited Represented by Its ...

Court : Chennai

Reported in : (2007)IILLJ613Mad

..... , discharged or retrenched in connection with, or as a consequence of , that dispute or whose dismissal, discharge or retrenchment has led to that dispute, but does not 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); orii who is employed in the ..... case is whether the petitioner falls under the definition of a 'workman' as contemplated under section 2(s) of the act which reads as follows:workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed ..... from the appointment order dated 21/22 april, 1983 in which are enumerated certain duties which the appellant may be required to discharge, it cannot be held therefrom that he did not come within the first portion of the section 2(s) of the act. .....

District Forest Officer, Madurai Division Vs. P. Ganesan (Died) and or ...

Court : Chennai

Reported in : 2007ACJ1521; [2007(112)FLR561]; (2006)4MLJ1653

..... terms of employment be express or implied, and for the purpose of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(1) 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 ..... to entertain the claim petition of a government servant, is also unsustainable, in view of the fact that section 28 of the administrative tribunals act, 1985, exempts the industrial tribunal, labour court or any other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force and by virtue of the said exemption, the application filed by the first respondent before the second respondent is maintainable ..... canal; or(d)...it is clear that any one employed in the construction, maintenance, repair of demolition of any road, bridge, tunnel or canal is a workman within the meaning of section 2(1)(n) of the act.we have already referred to the specific case of the applicants that at the time of the accident, the deceased was working as road inspector. ..... of the writ petition as stated in the affidavit are that the first respondent was appointed as a forest guard on 22.10.1979 and he worked as such till 07.03.1986. .....