Court : Orissa
Reported in : AIR1969Ori169; 34(1968)CLT1404; 1969CriLJ930
..... in the said unit, on a charge of having committed the offence of, without sufficient cause, overstaying the leave granted to him, under section 39(b) of the indian army act, 1950 (central act 46 of 1950). 2. on march 2, 1967 the petitioner was granted leave for two months with effect from that date and was permitted to proceed to ..... custody. the disease, which was found to have relapsed, was found to be chronic. 3. on august 3, 1967 the petitioner was charged under section 39(b) of the indian army act with the offence of having, without sufficient cause, overstayed the leave granted to him, in that the petitioner, having been granted leave of absence from ..... to suffer imprisonment for a term which may extend to three years or such less punishment as mentioned in the act; that section does not provide for dismissal from service as a punishment. 6. the scheme of the army act shows that the courts-martial were intended to, be quasi-judicial bodies required to follow the principles of natural .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT34
..... of the pleadings of the parties, the main question that needs consideration is as to whether the petitioner was a regular army soldier recruited under the act or was a trainee recruit as claimed by the opposite parties. section 13 of the army act, 1950 prescribes procedures before enrolling officer. section 14 provides for mode of enrolment which contemplates that if after complying with the provisions of ..... section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori128
..... court also referred to the case of ram sarup v. union of india, air 1965 sc 247, where the vires of section 125 of the army act which authorised the officer either to try a case by court-martial or by an ordinary court or by a criminal court, was challenged on the ground that the ..... j.1. in this writ application under articles 226 and 227 of the constitution of india, the petitioner seeks a declaration that section 56(2) and section 56(2-a) of the orissa forest act, 1972 (hereinafter referred to as the 'act') are ultra vires article 14 of the constitution of india, by reason of vesting of unbriddled, uncanalised, unregulated powers in forest ..... modes prescribed being clearly within the discretion of the authority without any guidelines the section was violative of article 14 of the constitution. the supreme court held that .....
Tag this Judgment!Court : Orissa
Reported in : 2000(II)OLR603
..... . a short point of law has been raised before this court. attention of the court has been drawn to section 69 of the army act, 1950. it is provided 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 ..... detained in military custody.3. in view of the section 475 of the code of criminal procedure there is scope for delivery to commanding officers of persons liable to be tried by court-martial. it envisages that the central government may make rules consistent with this code and the army act, 1950 and any other law, relating to the armed forces ..... offence against this act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori217; 63(1987)CLT54
..... duties assigned to him not by virtue of delegation of any sovereign power. he further found that after the amendment of section 110 of the motor vehicles act by the amendment act of 1956, the distinctionbetween sovereign and non-sovereign act of the state no longer existed because all owners of vehicles were brought within the scope of this ..... a sovereign or by a person by virtue of delegation of sovereign powers. (2) the sovereign function of the state must necessarily include the maintenance of the army, variousdepartments of the government for maintenance of law and order and proper administration of the country which would include magistracy and the police and the machinery for administration ..... haryana high court rejected the plea of sovereign immunity.in mrs. pushpa v. slate of jammu & kashmir, 1977 acj 375, a truck under the use of the army knocked down a cyclist causing his death. at that time the truck was loaded with crushed barley for being used as a feed for the mules. it was held .....
Tag this Judgment!Court : Orissa
Reported in : (2001)ILLJ927Ori
..... , discharge or retrenchment has led to thatdispute, 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 thenavy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officeror other employee of a prison ..... orissa state road transport corporation (classification, recruitment and conditions of service) regulations, 1978' (hereinafter referred to as 'service regulations') framed under section 34 of the road transport corporation act, 1950. in regulation 49, classification and categories of all the services of the corporation are provided for. it is submitted that in all the ..... counsel for the petitioners is that the petitioners who were working as station master/traffic inspectors are workmen and the mandatory provisions of section 25n of the i. d. act having not been complied with, the order of retrenchment/ termination is illegal. the last come first go principle having not been .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori58
..... a matter which is within the executive power of the state.the arrangement evidenced by ext. 3, therefore, from the date of the constitution (seventh amendment) act, 1956, section 18, by virtue of which article 258a was added in the constitution, was a constitutional power entrusted to the union government and as such the construction work carried ..... to insert a government advertisement in a particular issue of a newspaper is not a contract or agreement within the house of commons (disqualification) acts, 1782 and 1801, and section 2 of the former act does not apply to contracts which have already been executed at the time of sitting and voting in the house.'in n. satyanathan v ..... ,'a clothier who contracts with the colonel of a regiment to furnish the regiment with army clothing, is not thereby incapacitated by stat. 22g. 3, c. 45, from being elected as a member to serve in parliament.' section 1 of the said act is as follows:'that any person who shall directly or indirectly himself, or by any .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT607
..... shall be granted to a person whose licence has been cancelled for violation of terms & conditions of a previous licence issued under these rules.7. section 23c of the act confers power on the state to make rules within the permissive limit prescribed therein. the state has the legislative competence to frame rules. since the rules ..... of article 19(i)(g) & article 14 of the constitution of india.4. opp. parties 1 to 3 have filed a counter stating therein that section 23c of the act empowers the state government to make rules. as such, the 2007 rules were framed. though the licence was granted to the petitioner earlier for storing, selling ..... trading & transportation) rules, 2007 (in short, '2007 rules') as ultra vires of the constitution of india & 2007 rules de hors section 23c of the mines & minerals (development & regulation) act, 1957 (in short, 'the act').2. the facts, as narrated in the writ petition, are as follows: the coal licence was granted in favour of the petitioner in the .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR773
..... of the petitioner was never considered in spite of the strong recommendations of his superior officers and in terms of the provisions contained section 27 of the army act, 1950, clause-364 of the defence service regulations. the statutory complaint was also not taken into consideration, for which this writ petition has ..... been filed with the prayer, as indicated above.2. a counter affidavit has been filed by the o.ps. taking a stand that the assessment of officers in annual confidential reports (acr) was regulated by special army ..... a cause for depriving the petitioner of the promotional rank, as there is no adverse remark ever recorded against him. paragraph-118 of the army order also speaks that the assessment contained in the cr will be restricted strictly to the performance and potential as observed during the period covered .....
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... must be made aware of his rights has no substance. there are many instances where the legislature has specifically provided for such intimation. we may refer to section 130 of the army act, 1950, which clearly provides that a person is to be informed that he has the right to object to the composition of presiding officer or the members. he ..... has to be asked whether he objects to be tried by any official sitting in court. reference may also be made to section 50(2) of the act. it ..... an accused becomes entitled to bail, yet he shall not be released on bail until the court is further satisfied that the conditions stipulated in section 37 are satisfied. section 37 of the act overrides section 167(2) of the code because it is a special statute. an ancillary question also arises relating to grant of bail, when the magistrate comes .....
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