Court : Andhra Pradesh
Reported in : 2007(6)ALD53
..... 20-8-1996.respondents have also issued letters to his father and his wife as a part of procedure to be followed for initiating disciplinary action under the army act. however, in the meanwhile, the prolonged domestic problems have found solution on their own accord. therefore, immediately on 2-12-1996 he sent a letter ..... , submitted his resignation on 28-7-1996 in utter confused state of mind. he considered that resignation would be lesser evil than the disciplinary action under the army act at that time. out of frustration, he tendered resignation. on 3-8-1996 and again on 14-8-1996, he received communications from the 4th respondent ..... his duty. general reserve engineer force being an integral part of indian armed forces, certain provisions of army act/rules are made applicable to its members for maintaining discipline. overstayal of leave is subject to be dealt under army act and accordingly, the petitioner was advised to rejoin duty, failing which, disciplinary action could be taken. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD452; 1999(2)ALT(Cri)312; 1999CriLJ4421
..... sentence of imprisonment, there is absolutely no scope for invoking the aid of section 428 of cr.pc in respect ofihe prisoners convicted by courts-martial ..... this basis, the supreme conn held that the provisions of sections 428 of cr.pc relating to set off of sentence cannot be applied to a person convicted under courts-martial. the supreme court observed that inasmuch as section 176 of the army act (sic. 167 of the army act) deals with the topic as to the date of commencement of ..... under the act. a similar view has been taken as to the applicability of section 428 of cr.pc to the persons convicted and sentenced by courts-martial under the army act, in another judgment of the supreme court in ajit kumar v. union of india, : 1988crilj417 . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD56; 2003(1)ALT527
..... .1987. by order dated 18.3.1991 a division bench of this court directed the appellants herein to avail statutory remedy of appeal as provided under section 164(2) of army act. this court directed the respondents to supply to the appellants the entire record of proceedings held at the court martial conducted against the appellants including the ..... and also rigorous imprisonment for one year. the general officer, commanding-in-chief, southern command and army headquarters, pune, confirmed the findings and sentence given by the general court martial on 16.3.1987 under section 154 of the army act. thereupon both the appellants filed separately two writ petitions in w.p.nos.6018 of 1987 and ..... appeal against the order dated 30.08.1995 of the learned single judge dismissing the writ petition.2. both the appellants were prosecuted under the provisions of the army act on two counts. the first count is that on 25.6.1985 the two appellants committed theft of 400 liters of petrol worth rs.2904=00. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]126STC523(AP)
..... tax from the employees under its control. the learned counsel also contended that the regulations relied upon by the petitioners are framed under section 192 of the army act, 1950 and those regulations have no overriding effect over the provisions of the act. it is also contended that though regulation 288-a relied upon the petitioners, refers to exemption of tax leviable by the local ..... members of the armed forces of the union, that is to say to whom the provisions of the army act, 1950, air force act and the navy act, 1957 apply serving in any part of the state are exempted from the application of section 3, which is a charging section. the issue in that case was whether the term 'members of the armed forces of the union .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT424
..... 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 service or as an officer or other employee of a ..... present case, the dispute is between the employer and persons projected to be workmen. it would therefore be necessary to examine the definition of 'workman' under the act of 1947. section 2(s) thereof defines 'workman' to mean:any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... is necessary to refer the said dispute for adjudication.now, therefore, in exercise of the powers conferred by clause (d) sub-section (1) of section 10 of the industrial disputes act, 1947 (central act 14 of 1947) the government of andhra pradesh hereby refers the said dispute for adjudication to the industrial tribunal-cum-labour court, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD689
..... or air force when commit any offence are deait with by 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 ..... of the matter.8. the learned counsel for the petitioners has taken me to the various provisions of chapter ix of the railways act, 1989 (for short the act). section 64 of the act contemplates that every person entrusting any goods to a railway administration for carriage shall execute a forwarding note in such form as may ..... punitive charges for overloading, where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3) ornotified under sub-section (4) of section 72 of the act, the railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD254; 2007(2)ALT212; [2007(112)FLR1155]
..... (18) qbd 127 where a receiver was appointed to collect the pensions of two officers of her majesty, keeping in view the object underlying the provisions of the army act, it was observed:it is beyond dispute that the object of the legislature was to secure for officers who had served their country, a provision which would keep ..... light of the provisions referred to supra, the present life insurance policies too, if any may not fall under sub-section (3) of section 10 of the act and section 10 of the act as such is not attracted. further, section 60(1)(kb) of the code exempts 'all moneys payable under a policy of insurance on the life of the ..... however, the assistant commissioner, provident fund, warangal had taken a specific stand of the bar imposed on attachment of the provident fund amount by virtue of section 10 of the act. section 60 of the code deals with property liable to attachment and sale in execution of the decree. subsection (1) specifies:the following property is liable to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD298; 2000(4)ALT441; [2000(87)FLR357]
..... , 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 service or as an officer or other employee of a prison; ..... in july 1997, the 2nd respondent started its operations. in connection with the reopening of the establishment, the 2nd respondent entered into settlement under sub-section (1) of section 18 of the act benefiting only those employees who were on its permanent roll and accordingly such employees were reengaged by the 2nd respondent after reopening of the unit. ..... cannot be said to be retrenched, the point that needs to be considered is what is the reasonable interpretation or the scope of sub-section (2) of section 25h.20. sub-section (2) of section 25h as amended by the a.p. state legislature cannot be interpreted in vaccurn. it has to be interpreted giving full scope to .....
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 ..... on account of a challenge, get validates by additional grounds later brought out.'8. the learned government pleader for home contended that in view of section 18 of the act which provides for an appeal against an order refusing to grant licence, the petitioner's writ petition should be rejected. before dealing with this contention, ..... of alternative remedy is no bar for the exercise of this court's jurisdiction under article 226 of constitution of india. further as seen, section 14(3) of the act mandates that the licensing authority shall record the reasons while rejecting the application for arms and such reasons are to be furnished to the applicant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD146; 2004(2)ALT122; (2004)ILLJ915AP
..... , 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 service or as an officer or other employee of a prison ..... as they are not permanent wage board employees.8. the short question is whether badli workmen/employees arc workmen for the purpose of the trade unions act?9. section 2(s) of the i.d. act defines 'workman' as under.(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, ..... the purpose of regulating relations between the workmen and employers or between workmen and the workmen or between employers and employers. 'trade dispute' is defined in section 2(g) of the act as under:(g) 'trade dispute' means any dispute between employers and workmen, or between workmen and workmen, or between employers and employers which is .....
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