Court : Supreme Court of India
Reported in : 2007(7)SCALE8; (2007)10SCC548
..... no. 1754 (sb) of 2000.2. the governor of the then united province (now the state of uttar pradesh) in exercise of his power under section 241 of the government of india act, 1935 framed llp. police service rules, 1942 (for short 'the 1942 rules'). the terms and conditions of the services of the employees including recruitment thereto ..... rights would deserve strict construction.18. the 1968 rules, the 1973 rules and the 1980 rules were framed with a view to encourage young men to join indian army. they were made with a view to meet particular exigencies. whereas the 1968 rules and the 1973 rules were primarily made for providing reservation to vacancies for demobilized ..... , could have opted for other career or service. but the nation itself being under peril, impelled by the spirit to serve the nation, they opted for joining army where then risk was writ large. no one can dispute that such persons formed a class by themselves and by rules aforesaid an attempt has been made to compensate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1840; 2007(2)JKJ41[SC]; JT2007(6)SC518; 2007(6)SCALE447; (2007)4SCC548
..... . we now take up the arguments seriatim.it is true, as has been contended by mr. ganesh, that the army action had been taken pursuant to the notification under section 3 of the act declaring jammu and kashmir as a disturbed area. section 4 of the act permits persons of specified rank to arrest without warrant in situations referred to therein ..... for respondent nos. 1 and 2 has however pointed out that the action taken on the 2nd and 3rd february, 1988 by the army patrol was fully in consonance with the provisions of the act, which authorized a search, seizure and arrest under certain circumstances. it has also been pleaded that the original police file could not ..... s house and his detention was apparently taken under the authority conferred by the armed forces (j&k;) special powers act, 1958 (hereinafter referred to 'the act') which retains the pre-eminence of the civil authority over the army inasmuch that it provides that the use of the armed forces would be only 'in aid of the civil power .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(3)AWC2653(SC); 2007(5)BomCR151; JT2007(10)SC232; (2007)6MLJ195(SC); 2007(6)SCALE478; 2007AIRSCW3309; 2007LawHerald(SC)2386; 2007(4)AIRKarR457
..... no obligation or requirement on the part of the slao to give 30 days' time to the appellant-company to file objections under section 5a of the act. notification under section 4 remained the same by which adequate and reasonable opportunity was given to the interested persons including the appellant-company, whose land was ..... respondents, on the other hand, made submissions and supported the judgment of the high court. they contended that the notification under section 4 and declaration under section 6 of the act and the corrigendum issued by the slao and additional commissioner, pune respectively, did not suffer from any perversity or infirmity warranting interference ..... issuing notice to the respondents, the division bench of the high court granted liberty to the appellant-company to file a reference application under section 18 of the act without prejudice to the contentions raised in the writ petition. the appellant, accordingly, filed a reference application. finally, the division bench in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1746; [2007(114)FLR920]; JT2007(6)SC471; 2007(6)SCALE531; (2007)10SCC260; 2008(3)SLJ236(SC); 2007AIRSCW2867;
..... qualification and experience for directrecruitmentpost or posts from which promotion in to be mademinimum qualifications and experience requiredfor promotionmaximum age limit for direct recruitment1234567[1a headmasters sec. school for boys 50% by direct recruitment and 50% by promotion 1(a) bachelor's degree or diploma in education(b) experience of teaching high/jr ..... as equivalent hereto by the governmentnote - 2. teaching in rts/bstc/ schools will bedeemed as equivalent to teaching in high/jr. higher sec./hr. sec. classes.teacher's in grade ii in section c, d, e and f ofthe schedule appended1.(a) bachelors degree with a degree or diplomain education(b) experience of teaching high/jr ..... mode of recruitment by any 'state' within the meaning of article 12 of the constitution of india or any body or authority governed by a statutory act or the rules framed thereunder. it is also now well settled that an appointment made in violation of the mandatory provisions of the statute and in particular .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(3)ALLMR(SC)858; (SCSuppl)2007(3)CHN37; [2007(113)FLR1183]; JT2007(6)SC432; (2007)IILLJ837SC; RLW2007(3)SC2592; 2007(6)SCALE537; (2007)5SCC591; 2007AIRSCW2990; 2007(4)CivilLJ96; 2007(4)AIRKarR254(SC)
..... of the appellants, therefore, that the decree and judgment of the district court, monghyr, should be treated as a nullity cannot be sustained under section 11 of the suits valuation act.{see also md. army welfare housing organisation v. sumangal services (p) ltd. : air2004sc1344 }14. yet again appellants being workmen, their services were protected in terms of ..... government. it may be that in a given case, two states may have the requisite jurisdiction in terms of clause (c) of sub-section (1) of section 10 of the industrial disputes act. assuming that other state governments had also jurisdiction, it would not mean that although a part of cause of action arose within the territory ..... relating to the termination of his services in bombay and the government of maharashtra would have been the appropriate government to make a reference under section 10 of the aforesaid act in respect of such dispute.12. with respect to the division bench, we do not think that it has posed unto itself a correct .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1729; 2007CriLJ2740; [2007(3)JCR47(SC)]; JT2007(7)SC55; 2007(6)SCALE216
..... test identification parade has been held. but when a first information report has been lodged against unknown persons, a test identification parade in terms of section 9 of the evidence act, is held for the purpose of testing the veracity of the witness in regard to his capability of identifying persons who were unknown to him. ..... 2 before the learned trial judge is the appellant before us. he along with one udayakumar and three others were tried for commission of offences punishable under section 120b read with sections 302, 307, 147, 148 and 149 of the indian penal code. 2. the prosecution case shortly stated was as under:liaqut ali (pw-1), a ..... judgment and order dated 17.09.1996 held the appellant guilty of commission of the offence of murder of john basha punishable under section 302 ipc and convicted udayakumar for committing an offence punishable under section 307 ipc; acquitted the other three accused persons. they were, however, acquitted of other charges. 7. the high court dismissed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 105(2008)CLT410(SC); 2007CriLJ3422; JT2007(6)SC392; 2007(6)SCALE517; (2008)1SCC474
..... patent illegalities or when some miscarriage of justice is done. the content and scope of power under section 482 cr.p.c. were examined in considerable detail in madhu limaye v. state of maharashtra : 1978crilj165 and it was held as under: the following principles may ..... high court seeking a direction to the chief judicial magistrate, muzaffarnagar, to permit them to remain on same bail even after conversion of the offence into one under section 304 ipc. the only submission made before the high court was that on the same facts and circumstances, the accused had been granted bail by the learned chief ..... by the court are those expressly conferred by the code and that no inherent power had survived the passing of the act. 7. it is well established principle that inherent power conferred on the high courts under section 482 cr.p.c. has to be exercised sparingly with circumspection and in rare cases and that too to correct .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(6)SC278; 2007(6)SCALE124; (2007)6SCC407
..... 4.2000, this court in union of india and anr. v. charanjit s. gill and ors. : air2000sc3425 interpreted certain provisions of the army act, 1950 (in short the 'act') and the army rules, 1954 (in short the 'army rules') holding that the judge advocate should be equal or superior to the rank of the accused officer just like the rules provided for the ..... by doctrine of necessity the concerned judge advocate was the only available officer. 5. the respondent-rajkumar filed post confirmation petition under section 161(2) of the air force act, 1950 (in short the 'air force act') on 30.1.2000 and the same was rejected by the central government on 24.9.2001. by judgment dated 5.8.2002 ..... of seniority of the judge advocate. it is submitted that the provisions in the army act and under the army rules are entirely different from air force act and air force rules. it is pointed out that any rule similar to rules 103/104 of the army rules did not exist in the air force rules. the gcm proceedings were over. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)ALLMR(SC)486; [2007(113)FLR1008]; JT2007(6)SC20; 2007(3)KLT171(SC); 2007(6)SCALE17; 2007(1)LC559(SC)
..... regular medical board for such purposes. the certificate of a single medical officer in the latter case will be furnished on a medical board form and countersigned by the adms (army)/dms (navy)/dms (air).7. in union of india and anr. v. baljit singh : (1996)11scc315 this court had taken note of rule 173 of the pension regulations ..... of duty in military service. there is no material placed by the respondent in this regard.5. reference was also made by learned asg to pension regulations for the army. rule 173 of such regulations read as follows:primary conditions for the grant of disability pension:173. unless otherwise specifically provided a disability pension may be granted to an ..... pension.2. background facts giving rise to the present dispute is as follows:the respondent was enrolled as rifleman on 15.11.1976 and was discharged from army on 18.10.1986. it was found that he was suffering from schizophrenia and the medical board's report indicated his non-suitability for continuance in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)JKJ55[SC]; JT2007(6)SC1; 2007(6)SCALE1
..... for a period of 2= months was treated as misconduct and summary court martial was convened in terms of section 116 of the army act, 1950 (hereinafter referred to as the 'act'). he was charged under section 39a of the act by order dated 7.8.1989 for having remained absent from duty without leave. he was tried and punished by ..... it and to follow the procedural safeguards. if one looks at the provisions of law relating to court-martial in the army act, the army rules, defence service regulations and other administrative instructions of the army, it is manifestly clear that the procedure prescribed is perhaps equally fair if not more than a criminal trial provides to the ..... officiating commanding officer was not competent to convene summary court martial was without substance in view of the definition of 'commandant officer' as given in section 3(v) of the act. so far as the denial of legal assistance is concerned, it was noted that the appellant admitted that major d.p. naikavde was named as .....
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