Court : Karnataka
Reported in : ILR2007KAR427; 2007(3)KarLJ271; 2007(1)KCCRSN18; 2007(1)AIRKarR429
..... was followed by a later judgment in the case of ex. naik sardar singh v. union of india 1991 (3) scc 213, again a case under the army act.in b.c. chatarvedi v. vnmn of india 1995 (6) scc 749: it was held by a three judge bench of the supreme court that while exercising the ..... . : 1988crilj158 : the appellant was found guilty in court martial proceedings and a punishment of dismissal from service and sentence of imprisonment was imposed as permitted by the army act. while quashing the said punishment on the ground of its being 'strikingly disproportionate', the supreme court observed:the question of the choice and quantum of punishment is within ..... of removal from service, was not warranted, as the reasons for the petitioner's absence was prompted by circumstances and that the punishment imposed is disproportionate to the act of misconduct. and therefore pleads, that on the doctrine of proportionality, the order of punishment needs to be addressed in the light of the facts and circumstances, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR1101; (2008)12VST447(Karn); 2007(3)KCCRSN147(DB)
..... , the assessee is entitled for the benefit of notification dated 30.03.1996 as modified by the the notification dated 30.03.2002 in terms of notification under section 8a of the act.5. re-contention no. 1: according to the appellant assessee, m/s. klac is the government department and hence, concession is available to the appellant in ..... terms of the notification issued under section 8a of the act. in the light of the submission, we are required to consider as to whether m/s. klac is a government department for the purpose of tax concession. ..... disposal with the consent of the learned counsel for the parties.3. the appellant supplies fabricated steel items like window grills and door frames to m/s. karnataka land army corporation, bangalore (for short, 'm/s. klac). the levy of tax at 4% is made over by the assessee in the light of issue of notification in .....
Tag this Judgment!Court : Karnataka
Reported in : [2007(114)FLR882]; 2007(3)KarLJ246; 2007(3)KLJ246; 2007(2)KCCR877; 2007(2)AIRKarR130
..... civil services (classification, control and appeal) rules 1965 and the provisions of the army act 1950 and army rules 1954 in matters of discipline. whenever a member of gref was charged with misconduct amounting to an offence under the army act of 1950 the disciplinary action would be initiated against the members of gref for purposes of discipline ..... for the purpose of article 33 of the constitution of india which regulates conduct an discipline of the constructional agency. hence, certain provisions of the army act and rules have been made applicable upon the gref personnel and they are governed by central civil service rules for other benefits like pay and allowances, ..... and the same is not violative of article 14 of the constitution and accordingly, it was of the view that the power conferred on the authorities to take action either under the central rules or under the army .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ427; 2007(3)AIRKarR270
..... enquiry, without assigning valid and cogent reasons and without recording a specific finding as to how petitioner is not entitled to 20% disability pension under the pension regulations for the army 1961(part-i). the second respondent, discharging his duties under the statute, has proceeded to pass the non speaking order. after critical evaluation of the impugned speaking order passed by .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007SCW2724; AIR2007SC1723; 2007(8)JT567(SC); 2007(6)ALT64(DNSC); 2007(4)SCJ353; 2007(9)SCC67
..... awho' was to obtain lands either through its own efforts or from the government or semi-government organisations so as to enable it to construct houses for the retired army personnel. the declaration, however, which is required to be given by a member of the society must be held to have application which the scheme seeks to achieve ..... , as extended to the union territory of chandigarh. the union territory of chandigarh in exercise of its power conferred upon it by section 74 of the said act, made regulations known as the chandigarh housing board (allotment, management and sale of tenements) regulations, 1979. regulation (6) of the said regulation, with which we are ..... .w.p. no.7070/1998.2. the fact of the matter is not in dispute. respondent no.1 is a retired army officer. he and his wife jointly became member of a cooperative society known as 'army welfare housing organisation' ('awho' for short). the said cooperative society was registered with the registrar of societies, delhi under the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR87; 2008(2)KCCRSN119; 2008(3)ICC421
..... revoke the will, the said writing should be executed in the manner in which an unprivileged will requires to be executed as contemplated under section 63 of the act.22. section 63 of the act provides for execution of unprivileged will, which reads as under:63. execution of unprivileged wills - every testator, not being a soldier employed ..... and execution of the document and the legal inferences flowing from such conduct of the plaintiff. similarly, the courts have not kept in mind section 70 and section 63 of the act which warrants the standard of proof that is required for due execution of ex. p2 is the same as ex. dl. therefore, it ..... received an acknowledgment from the executant having affixed the signature and thereafter, the attesting witness have attested the said signature, which satisfies the requirement of section 63(c) of the act and therefore, the cancellation deed-ex. p2 is duly proved. he further contended that though the evidence on record discloses that the plaintiff has .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(1)KarLJ331
..... of consideration of the case of havildar before the departmental promotion committee [for short 'the dpc'].7. apart from such eligibility, regulation - 149 of the regulations for the indian army, revised edition, 1987, which reads as under:149. promotions - jcos -[a] ncos except those given in sub para (b) below will not normally be promoted to the ..... he is seeking permission for waiving the upper age limit and therefore the communication if at all should be responded, it should be only by the chief of army staff.17. in the statement of objections filed on behalf of the respondents, while the respondents have emphatically denied any right of the petitioner for claiming either the ..... as expeditiously as possible but not later than three months from the date of receipt of a copy of this order.27. respondent no. 3 to act in aid of the respondent no. 2 for passing the order under regulation 149(c) of the regulations by forwarding necessary papers/record to the second respondent promptly. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR3309;
..... the lessee whose lease has been determined on the same pedestal. further the contention of sri nandagopal, learned counsel by referring to section 116 of the evidence act and section 111(g) of the transfer of property act, to indicate estoppel against the tenant and the right of re-entry to the landlord under the circumstances would not in any ..... is not readily accepted. in the second of the cited cases, the tenant was before the civil court for injunction and what fell for consideration was section 28 of bombay rent act and since the dispute itself was whether he was tenant or licencee, the suit was held maintainable before the civil court. whereas in the instant case, ..... which are permissible to be cognizable before a small causes court will have to be within the pecuniary jurisdiction of the small causes court as provided under section 8 of the act is well accepted and there is no confusion.11. in view of the permissibility of filing of a suit for ejectment subject to sub-articles (a) .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(1)KarLJ462
..... organisation. this court will interfere: in such matters which is essentially one of employer employee relationship more so in an establishment like the army only if there is a statutory violation or inaction on the part of the statutory authority.19. though learned counsel for the petitioner ..... considered to the promotion of naib subedar.8. submission proceeds on the premise that even in terms of the circulars issued by the army establishment, an officer who is a commanding officer of the unit etc., can sign a confidential report if the person has served ..... urged that the petitioner's case was a fit case for relaxation in terms of the regulation 149 of the regulations for the indian army, revised edition, 1987 [for short 'the regulations').6. col bhupinder singh, learned counsel for the petitioner has very vehemently urged that ..... to the rights of the petitioner to avail of the remedy as available under the act itself or under any other provision of law, this writ petition is dismissed. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(6)KarLJ202; 2008(3)KCCR1530; 2008(5)AIRKarR28(DB)
..... 2001 and it was completed in july 2001. on 25-2-2002 a general court martial was ordered against the writ petitioner under the provisions of the army act, 1950. the proceedings of the general court martial were commended on 13th march, 2002 and were concluded on 1st april, 2002. the petitioner was held guilty ..... 4. though several contentions were raised in the writ petition, the learned single judge considered only the question regarding the bar of trial under section 122 of the army act. even though the petitioner specifically contended in the writ petition that the time gap between the knowledge of the alleged offence and the holding ..... the knowledge of the authority competent to initiate action. therefore the general court martial held against the petitioner was clearly barred by limitation under section 122 of the army act. therefore, the entire general court martial proceedings against the writ petitioner were illegal and unauthorised and the learned single judge was right and justified .....
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