Court : Karnataka Dharwad
..... , which was ridden by the deceased suresh was less than 100cc capacity and riding the said motorcycle without dl with pillion rider is contrary to section 140(3) of the motor vehicles act, 1988. hence, he seeks to allow the appeals filed by the insurance company by holding that the deceased was negligent in riding the motorcycle ..... to the motorcycle.11. learned counsel smt. sunanda patil would further submit that after investigation, the police filed charge sheet against the deceased suresh under sections 3 and 181 of the mv act and not under sections 279, 338 and 304a of ipc. the driver of the offending jeep was charge sheeted for the offence punishable under ..... it is evident that the charge sheet is filed against the deceased rider for the offence punishable under sections 3 and 181 of the mv act, however, charge sheet is filed against the driver of mahindra jeep for the offence punishable under sections 279, 338 and 304a of ipc, which further makes it clear that the driver of the offending .....
Tag this Judgment!Court : Karnataka Dharwad
..... , which was ridden by the deceased suresh was less than 100cc capacity and riding the said motorcycle without dl with pillion rider is contrary to section 140(3) of the motor vehicles act, 1988. hence, he seeks to allow the appeals filed by the insurance company by holding that the deceased was negligent in riding the motorcycle ..... to the motorcycle.11. learned counsel smt. sunanda patil would further submit that after investigation, the police filed charge sheet against the deceased suresh under sections 3 and 181 of the mv act and not under sections 279, 338 and 304a of ipc. the driver of the offending jeep was charge sheeted for the offence punishable under ..... it is evident that the charge sheet is filed against the deceased rider for the offence punishable under sections 3 and 181 of the mv act, however, charge sheet is filed against the driver of mahindra jeep for the offence punishable under sections 279, 338 and 304a of ipc, which further makes it clear that the driver of the offending .....
Tag this Judgment!Court : Karnataka Dharwad
..... enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under section 15 of the kh act, at the time of passing the award, the special land acquisition officer has come to the conclusion that the respective writ petitioners are not ..... were urged in the writ petitions before the learned single judge.34. the appellants have also contended that once layout plans are approved/sanctioned under section 17 of the ktcp act and the subject lands are shown as road margin in the master plan, the lands would automatically vest with the state and its authorities ..... sri. g.k.hiregoudar, govt. adv. for r2; r1-notice not ordered) this contempt petition is filed under section11and12of the contempt of courts act, 1971, r/w. article215of constitution of india,1950, praying this hon ble court be pleased to, a. allow this petition and consequently initiate contempt proceedings against the accused for his willful and .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT362
..... bench for consideration of the matter.2. to answer the question in the abstract, a brief reference to the statutory provisions is essential. the parliament enacted the army act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set up and present day requirements'. the purpose was ..... agree that the rule or regulations should not be made, be of no effect, as the case may be......'.3. in exercise of the power under section 191, the army rules, 1954 were promulgated on november 27, 1954. rule 13 enumerates the authorities, which shall be competent to discharge persons from service on the grounds ..... per cent or over may, onretirement, be awarded a disability pension consisting of a service element and a disabilityelement in accordance with the regulations in this section;(b) the question whether a disability is attributable to or aggravated by military service shall be determined under the rules in appendix ii'.a provision for the .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR740
..... amenable to the criminal laws of british india for offences alleged to have been committed outside british india and it was contended that so much of section 41 of the indian army act, 1911, as purported to confer jurisdiction en a court-martial to try non-british subjects for offences committed by them beyond british india, was ultra ..... accordingly urged that his detention in military custody for the purposes of the said trial was illegal. on behalf of the crown, it was maintained that section 41 of the indian army act was in its entirety intra vires the indian legislature and that the detention of burhan-ud-din was legal. the high court accepted this contention of ..... by the indian legislature. the contention of the crown in support of the validity of section 41 of the indian army act was based on section 73 of the government of india act of 1833. it was thus clear that nothing turned on the government of india act, 1935. as regards orders in council under that statute, there was no doubt .....
Tag this Judgment!Court : Delhi
Reported in : 1996VAD(Delhi)566; 1996(39)DRJ820
..... could not have been threatened. the threat of sending them for 12 years imprisonment cannot be appreciated nor tenable because such threat was contrary to section 64(f) and 69 of the army act,1950. under those provisions for such an offence punishment could not have been more than seven years. hence, there was no question of threat ..... . in the absence of there being any rebuttal there was no question of drawing presumption against the present respondents or drawing any presumption under section 140 and 142 of the army act. the appellant did not adduce any evidence nor the evidence of the commanding officer before whom it is alleged that the respondent filed the ..... obtaining the signatures on blank papers that was also not accepted by the trial court. the trial court drew presumption against the. respondents herein under section 140 and 142 of the army act and held that the form of discharge was signed by the respondents voluntar ily. this finding was reversed in first appeal. (4) in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696
..... for 14 years each and were cashiered. against 13 officers, disciplinary actions were initiated. however, a decision was taken not to try them and administrative order under section 18 of army act, 1950 (in short the 'act') was passed terminating their services.4. present appeals relate to the 2 officers punished by general court martial and the de-linked appeals relate to 7 officers out ..... below:(1) to issue a writ of mandamus and any other appropriate writ, order or direction, inter alia commanding the respondent nos. 1 and 2 in accordance with section 165 of the army act, 1950 to annul the proceedings of the general court martial affecting the petitioner as they are malafide, irrational, unjust and illegal and there has been a failure of justice.12 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj221
..... before me.11. it is not disputed that the four applicants before me are governed by the provisions of the army act, 1950. section 69 of the army act provides that subject to the provisions of section 70, any person subject to this act, who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an ..... persons governed by the army act alone are being prosecuted. in the first category of cases the provision of section 549 read with rule 3 need not be followed if the trial has commenced and ..... been furnished, in my opinion, on the very language of section 251-a the trial did not commence.the language of section 5 (1) of the criminal law amending act, 1966 clearly makes a distinction between the two categories of cases (i) cases in which persons governed by the army act are accused along with others; and (ii) cases where .....
Tag this Judgment!Court : Delhi
Reported in : ILR1995Delhi768
..... to good order and military discipline. however, the charge he was called upon to face in the general court martial was one of theft punishable under section 42(a) of the army act. (38) held that no doubt the allegation at the stage of inquiry under rule 22 was described as prejudicial to good order and military discipline but ..... hences all proceedings and findings of court of enquiry are illegal and invalid and as such no court martial can be convened for a charge under section 39(a) of air force act. no medical certificate was claimed from a competent authority for holding the court martial, in any case until central government passes an order on the ..... issues at the threshold of the enquiry before it if there is patent want of the jurisdiction'. 9.charanjit lal chaudhary v. the union of india and others, : [1950]1scr869 . 'art. 32 gives the court very wide discretion in the matter of framing their writs to suit the exigencies of particular cases'. ghulam nabi teli v. superintendent .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN577
..... not tenable. in s.n. mukherjee v union of india [1990 scc (4) 594] their lordships while considering the implications of section 164 of the army act, 1950, which is analogous to section 117 of the b.s.f. act, 1968, noted the principle that requirement to record reasons can be regarded as one of the principles of natural justice which govern exercise ..... of power by administrative authorities, however, proceeded to hold that 'there is nothing in the language of sub-section (2) of section 164 ..... madan singh's case (supra) are of no help to the petitioner.13. the next contention of mr. nanda is that while deciding the petition under section 117 of the act no reasons have been given. the b.s.f. is an armed force of the union of india constituted under item 2 of list i of schedule .....
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