Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Court: kerala Page 3 of about 30 results (0.083 seconds)

K.K.Thomas Vs. State of Kerala

Court : Kerala

..... reported in 2008 khc6772[gorige pentaiah vs state of a.p and others] it has been observed that in order to attract the offence under section 3(i) (x) of the act, the complainant ought to have alleged that the appellant was not a member of a scheduled caste or scheduled tribe and he was intentionally ..... his land or premises and interferes with the enjoyment of his rights in any land, premises or water, in order to attract an offence under section 3(i) (v) of the act. these allegations must be alleged to attract the said offence. in this case there is no such allegation made or even the witnesses examined ..... name and on a subsequent date, third petitioner threatened him over telephone and sought to initiate action against the petitioners alleging offences under section 3 of scheduled castes and scheduled tribe (prevention of atrocities) act, 1989. the learned magistrate forwarded the said complaint to the deputy superintendent of police for investigation and upon receipt of the complaint .....

V.K. Namboodiri Vs. Union of India (Uoi) Represented by Secretary to t ...

Court : Kerala

Reported in : AIR1965Ker185

..... can also arise in the case.7. the next question is whether the appellant is entitled to enhanced pension under the indian army rules. madhavan nair j. has held that under section 4 of the pensions act of 1871 this question is not cognizable by a civil court. there are several decisions to support this view, e.g., shaukat hussain beg mirza v ..... is no force in this contention either.6. our learned brother proceeded on the assumption (of course, without deciding it) that the appellant became a member of the indian army on 26th january 1950 by virtue of article 259(2) of the constitution. but, we wish to point out that what article 259(2) states is only that the armed forces of ..... by the selection board of the majors of the t. c. state forces was violative of arts. 14 and 16. this question was considered in o. p. no. 67 of 1950; and the view expressed in that writ petition was reiterated by madhavan nair j. also. the provision in article 259(2) to the effect that the armed forces of the .....

Mar Baselius Medical Mission Hospital Vs. Joseph Babu

Court : Kerala

Reported in : 2007(1)KLJ622; (2007)IILLJ925Ker

..... , 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(45of 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; ..... fact manipulated the attendance register to mark attendance on sundays and holidays also without actually working.4. 1 have considered the rival contentions in detail.5. section 2(s) of the industrial disputes act defines the 'workman' as follows:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, ..... functions being performed by an employee in all cases. when an employee is employed to do the types of work enumerated in the definition of workman under section 2(s), there is hardly any difficulty in treating him as a workman under the appropriate classification but in the complexity of industrial or commercial organizations .....

Purandaran Vs. Hindustan Lever Ltd.

Court : Kerala

Reported in : [2001(89)FLR522]; (2001)IILLJ52Ker

..... 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 service or as an officer or other employee of a person; or ..... view that it is the finding in the bench decision of this court that applies to the facts of the present case.5. s. (2)(s) of the i.d. act defines a 'workman' as follows:'2(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... adopted the voluntary retirement scheme which tantamount to resignation are not entitled to claim the status of 'workmen' for the purpose of s. 2(s) of the industrial disputes act. consequently, the claim was found to be not maintainable and dismissed.2. mr. a. x. varghese, the learned counsel for the petitioners, relied on the decision in nar .....

State of Kerala Vs. Karthiyani

Court : Kerala

Reported in : 1(1989)ACC390

..... . 315, a full bench of the punjab high court considered the question of immunity of the state for tortious act committed by a driver of a military truck. it was held that the mere fact that the truck happened to be an army truck and the driver was a military employee cannot make any difference to the liability of the government for ..... damages for the tortious acts of the driver as such things could be obviously done by a private person also.12. in surjit ..... carrying jawans could not be said to be in exercise of any sovereign function as that act could be performed by any individual.14. a division bench of the allahabad high court in iqbal kaur v. chief of army staff 1978 acj 403 (allahabad), had occasion to consider the extent of immunity by virtue of sovereign power. in paragraph 16 of .....

Abdul Nazar V.M. Vs. Amal Babu

Court : Kerala

..... sustained any injury of grave nature so as to attract the offence under crl.m.c.no.1160 of 2014 :2. : section 308 of indian penal code. further, the petitioners have been selected for army and police department respectively, pendency of this case will affect their future prospects. so, due to the intervention of respective persons ..... any compromise between the victim and offender in crl.m.c.no.1160 of 2014 :5. : relation to the offences under special statutes like prevention of corruption act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. but the ..... as an aftermath of an incident occurred in the co-operative college in connection with arts festival conducted in that college. now, they are repenting for their act and unless the case against them is quashed recording the compositions they will be put to serious action. there is no public interest involved as well. so .....

Soudamini Vs. Kunhathi

Court : Kerala

Reported in : 2012(3)KLT96

..... .2007, and came into force on 15.6.2008. s.2 of the act covers the ambit and also its applicability to all persons, subject to the army act, 1950, navy act, 1957 and air force act, 1950 sub-s. (2) of that section makes the act applicable to the retired personnel governed by the aforesaid act as well including their depending heir and successors insofar as it relates to ..... their service matters. so far as late kunhiraman, the retired army personnel, had he been alive he could have .....

M/S.Shriram Transport Finance Company Ltd Vs. Chinchu Sugunan

Court : Kerala

..... p.c. haridas. the learned counsel for the petitioner has pointed out that the arbitrator has power to pass such an interim order of protection as per section 17(1) of the act. the learned counsel for the 1st respondent, by relying on the decision noted supra has canvassed an argument that crp271of 2012 -:3. :- arbitrator has ..... consequently, on the basis of the arbitration clause in the agreement, an arbitrator was appointed. the arbitrator has passed an order by invoking the powers under section 17(1) of the act and directed the first respondent to surrender the vehicle to the revision petitioner. the assistance of the police is also seen ordered crp271of 2012 -:2. :- ..... in m.d.army(supra) was rendered in a matter which comes under the arbitration act, 1940, based on the proviso to section 41(b) of the arbitration act of 1940. section 41(b) of the arbitration act of 1940 is not at all pari materia with section 17(2) of the present act. as per section 17(1) of the present act, in the absence .....

M/S.Shriram Transport Finance Co.Ltd. Vs. Sunil P.R. and Another

Court : Kerala

..... p.c. haridas. the learned counsel for the petitioner has pointed out that the arbitrator has power to pass such an interim order of protection as per section 17(1) of the act. the learned counsel for the 1st respondent, by relying on the crp433of 2011 -:3. :- decision noted supra has canvassed an argument that arbitrator has ..... consequently, on the basis of the arbitration clause in the agreement, an arbitrator was appointed. the arbitrator has passed an order by invoking the powers under section 17(1) of the act and directed the first respondent to surrender the vehicle to the revision crp433of 2011 -:2. :- petitioner. the assistance of the police is also seen ordered ..... in m.d.army(supra) was rendered in a matter which comes under the arbitration act, 1940, based on the proviso to section 41(b) of the arbitration act of 1940. section 41(b) of the arbitration act of 1940 is not at all pari materia with section 17(2) of the present act. as per section 17(1) of the present act, in the absence .....

Indian Nval Canteen Service Employees Un Vs. Union of India

Court : Kerala

..... -statutory recognised canteens. the statutory canteens are established wherever the railway establishments employ more than 250 persons as is mandatory under the provisions of section 46 of the act while non-statutory canteens are required to be established under paragraph 2831 of the railway establishment manual where the strength of the staff is 100 ..... p.c.no.32100/11 24 for regularisation in defence service. the supreme court observed that the terms of appointment indicates that the commandant of the army had control over such dhobies, but nonetheless such control cannot impress the post of dhobies with the character of a civil post. after referring to paragraph ..... the supreme court while considering the question as to whether employees of unit run canteens of army, navy and air force were government servants and whether central administrative tribunal has jurisdiction over them under the administrative tribunals act 1985 held that though the funding of unit run canteens is not made out of .....