Court : Delhi
Reported in : AIR1967Delhi56
..... finalised by the divisional personnel officer (respondent no. 2) after getting the sanction of respondent no. 1 giving them credit of the service rendered by them in the army and consequently the salary of each of the petitioners was fixed at rs.84/- in the prescribed scale. at this stage, it may be mentioned that there were ..... november, 1951 and consequently the deductions from their pay was unauthorised. i may also mention at this stage that the petitioners moved the authority under the payment of wages act, delhi, challenging the right of the divisional personnel officer (respondent no. 2) to make the deductions and the decision in principle went in favor of the petitioners. ..... permanent posts in the railways, there could be no comparison regarding duties and responsibilities in the two posts when a person is appointed directly for the first time from the army as envisaged by clause (a) of the said rule. sub-clause (i) of clause (a) of the said rule, refers to fundamental rule 30 for the .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT131
..... cohabitation permanently to an end. in these circumstances, there is no escape from the conclusion that the husband was entitled to the grant of his application under section 10 of the hindu marriage act, 1955, for a decree of judicial separation. (12) in the result, i allow the appeal set aside the order of the trial court and ..... the husband) was married to shrimati harbans kaur (hereafter referred to as the wife) on 9th september, 1952, at muzaffarnagar. he filed this petition under section 10 of the hindu marriage act, 1955, against the wife for a decree of judicial separation on the ground of desertion. it was alleged by the husband that after the marriage the ..... of-inference to be drawn from the facts .and circumstances of each case and if, in fact, there has been a separation, the essential question always is whether that act could be attributable to an animus deserendi. (4) the 'burden of proving desertion-the 'factum' as well as the 'animus deserendi' is on the petitioner, and he .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT172
..... on 2nd december, 1966, pursuant to an order of detention made by the district magistrate, delhi, on 30th november, 1966, under section 3 (i) (a) (ii) of the preventive detention act, 1950, as amended, (hereinafter to be referred to as the act). the grounds on which the detention of the petitioner has be en ordered are that his activities were highly prejudicial to the ..... the preamble or the conclusion of facts as required under section 3 of the preventive detention act at the time when he was arrested and that it was only after a week or so of his arrest that the petitioner came to know that his detention had been made under the preventive detention act, 1950, when a copy of the grounds of the detention .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi98; (1969)IILLJ195Del
..... in the accident was on duty run. the vehicle had booked in the guard room and was returning on its way to the section. when a vehicle is send out on duty it has authority slip known as form 658. that form is filled in and my ..... narain, the learned counsel for the respondents, says that it is one of the functions of the union of india to keep the army in proper shape and trim and since the hockey and basket ball teams were carried by the truck as a part of physical exercise ..... to a valid claim for damages against the state of rajasthan or not? the supreme court took the view that the negligent act in driving the car was not referable to the exercise of governmental powers. the question again came up for consideration before their ..... of the delegated sovereign power. in state of rajasthan v. mst. vidhyawati, : air1962sc933 , the state was held liable for the negligent act of the driver, an employee of the state of rajasthan, while he was driving the jeep-car from the repair-shop to the collector .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT657
..... to the registrar or his nominee. once such a demand is made by any of the parties, the provisions of the arbitration act, 1940, apply. section 46 of the arbitration act, , provides the provisions 'of this act......shall apply to every arbitralion under any toher enactment for the time bein.g in force, as if the arbitration were pursuant ..... the hearing of the writ petitions, as appearing from his judgment were- (1)whether the registrar, who had referred the; dispute to his nominee under section 54 of the said act was competent to withdraw the reference from the persan to whom it had been referred ; (2) that the petitioners were estopped from contending that the ..... are members of the government servants cooperative house building society ltd., delhi, hereinafter referred to as 'the society' the society was incorporated under the said act on 1st november, 1950. the society was alltoted two areas of land for alltoment of pltos to its members. one of such arreas is stated in the writ petition to .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi220
..... before imposing any such penalties. these rules apply to every person paid from defense services estimates and nto subject to the army act, 1950, the indian navy (discipline) act, 1934, and the indian air force act, 1950, who is in the whole time employment of the government of india under the ministry of defense. in view of the ..... rules made, and by the authority prescribed, under the provisions of the army act, the court proceeded to observe that neither section 240(3) of the government of india act nor article 311 of the constitution of india was available to him and all army personnel whether belonging to the defense services or coming within the phrase ..... .there was one further contention. in the written statement, viz., that in matters at defense personnel the jurisdiction of the civil courts is impliedly barred under section 9, civil procedure code. (this appears to have been raised by way of amendment to the written statement applied for and allowed by the court.) with reference to .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT426
..... government of india act, 1935 (which exempts certain british subject from certain indian laws) shall nto apply to any ordinance mad3 under the said ..... ntowithstanding the provision in the said section seventy two that the power of miking ordinances there under is subject to the like restrictions as the power of the indian legislature to make law:- (a) ordinances may, daring the said period, be made under the section affecting the army act, the air force act, or the naval discipline act; and (b) section one hundred and eleven of the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi170; 4(1969)DLT595
..... within the limits of their jurisdictions. in the present case, the appointment of the appellant as a manager by the custodian by virtue of his power under section 10(2)(b) of the 1950 act is contractual in its nature and there is no statutory obligation as between him and the appellant. in our opinion, any duty or obligation falling upon a ..... power was of no practical consequence as the expression 'entitled children', as used in regulation 9, meant children of certain categories of british officers who continued serving the indian army after the independence of the country and as no such children had sought admission to the school no directions had to be given by the government.34. the power of ..... more than rupees twenty-five lakhs.11. so far as the petitioner is concerned he had started service as a clerk. on february 16, 1937 he joined the indian army corps of clerks and was posted in the school. for some period he also served in the middle east but was re-posted to the school, as a clerk, .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT1
..... by the central government in exercise of powers conferred by section 9 of the army act, 1950, which reads- 'inexercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declares that all persons subject to that act, who are nto on active service underclause (i) of section 3 thereof, shall, wherever they may be serving, be ..... of any toher law for the time being in force'.this ntoification assumes importance in view of the fact 'that under section 70 of the army act, 1950, a person subject to the said act who commits an offence inter-alia of rape in relation to a person nto subject to military, naval or air force law, shall nto ..... . division, area, indepednent sub-area or independent brigade in which the accused person is serving, and except in cases falling under sec. 69 of the army act, 1950 (46 of 1950) in which death has resulted, the officer commanding the brigade or sub-area or station in which the accused person is serving. 3. where a .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi201; 1969CriLJ884; 5(1969)DLT348; ILR1969Delhi157
..... dua, c.j. 1. these two criminal original applications (criminal original nos. 39 and 40 of 1868) by brig. e t. sen (retd.) under section 3 of the contempt of courts act read with article 215 of the constitution, raising as they do common questions, are being disposed of by one order.2. brig. e. t. sen is a ..... shri bhupesh gupta, respondent no. 2, the editor of the said newspaper, it is averred that these respondents, while reporting the court's proceeding of the criminal complaint under sections 500, 501 and 502, indian penal code, against shri d. p. sinha, have been carrying on a calculated and persisted press campaign through the cofumns of the aforesaid ..... retired brigadier of the indian army, having retired in may, 1967 and is at present the resident manager of messrs ceat tyres of india ltd.. new delhi he filed a criminal complaint under sections .....
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