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Judgment Search Results Home > Cases Phrase: army act 1950 section 188 fresh sentence after suspension Court: karnataka Page 3 of about 632 results (0.107 seconds)

Feb 27 2024 (HC)

Shri.ravindra S/o Appasaheb Kadalagi Vs. M/s.r.n.s Tracking

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 .....

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Mar 17 2020 (HC)

Sri Prathap B Vs. Commissioner

Court : Karnataka

..... do not overlap. as a matter of fact, notification no.sro-329 dated 23-9-1960 issued under the central rules and under sub-sections (1) and (4) of section 4 of the army act makes this position clear. by this notification, the punishments that could be meted out under the central rules have been taken out of the ..... the maintainability of the concurrent proceedings initiated against the respondent by the authorities. the respondent in this case has been punished for the same misconduct both under the army act as also under the central rules. hence, a question arises whether this would tantamount to double jeopardy and is in violation of article 20 of the constitution of ..... purview of the court-martial proceedings under the army act. we further find support for this view of ours in the judgment of this court in r. .....

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Aug 21 1998 (HC)

Union of India and Others Vs. Nabib Subedar R. Vanangamudi

Court : Karnataka

Reported in : 1999(2)ALT(Cri)263; 1999(4)KarLJ168

acts/rules/orders:army act, 1950 - sections 52 and 164;army rules, 1954 - rules 44, 62(1) and 147;constitution of india - articles 14, 16, 33 and 227(4)cases referred:union of india and others v. j.s. brar, air ..... 30-8-1983. after the conduct of the trial the gcm held him guilty and passed the verdict of dismissing the respondent from bis job. the petition filed under section 164 of the army act seeking his exoneration and quashing of the finding of the gcm was dismissed by the general officer, commanding-in-chief, southern command, the intimation of which was conveyed ..... sympathy either under law or in equity. the trial against the respondent is shown to have been conducted fairly, properly, legally and in accordance with the procedure prescribed under the army act and the rules framed therein.9. under the circumstances the appeal is allowed by setting aside the order of the learned single judge. writ petition filed by the respondent shall .....

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Mar 25 2004 (HC)

Union of India (Uoi) and ors. Vs. K. Murugesan

Court : Karnataka

Reported in : [2005(104)FLR169]; 2004(6)KarLJ120

..... found that even the brother of the respondent had failed to disclose the information regarding the earlier service of the respondent and thereby committed a breach of section 44 of the army act. he accordingly directed disciplinary action to be taken against the respondent and his brother.3. insofar as sri k. neduncheliyan, brother of the respondent was ..... 17 of the rules envisaged the conduct of an enquiry against the official concerned before he could be dismissed from service under the said rule or under section 20 of the army act. no such enquiry having been conducted, the dismissal was held to be unjustified. the court also held that since the dismissal order did not rely ..... andhra pradesh in v.y. thomas v. commandant, a.d.c. centre, secunderabad and anr. it follows that an order of dismissal passed under section 20 of the army act read with rule 17 of the rules framed thereunder may be validly passed upon satisfying the requirements of a notice to the person affected and informing him .....

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Feb 23 2006 (HC)

Ex Cfn No. 14589670 Arul Raj Vs. P.C.D.A. (P.G. 3 Section) (Represente ...

Court : Karnataka

Reported in : 2006(2)KarLJ468

..... not even get the disability pension. petitioner has been fighting a losing battle for getting what is known as disability pension.3. under the army act, 1950, the army rules, 1964 and pension regulations for army, 1961, a person who is invalidated from service is also entitled to get what is known as disability pension, if at the time ..... 20% by the medical board and if the disability is attributable to military service over and above the regular pension.4. regulation 173 of the pension regulations for army, 1961 (for short, 'the regulations'), which is relevant for the purpose, reads as under:173. unless otherwise specifically provided a disability pension may be granted to ..... petitioner cannot seek to challenge the opinion of the board etc.14. the case of dhir singh china, was one where a person who had retired from army service on superannuation at and the time of retirement had. been assessed to certain extent of disability and therefore sought for disability pension over and above the .....

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Mar 07 2012 (HC)

Chandrasekharasharma Vs. C. Krishnaiah Chetty

Court : Karnataka

..... 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 aprison ..... of employment either expressly or impliedly would be a workman. the exclusion is provided under sub-clause (i) to (iv) of section 2(s). clause (i) relates to the airforce act, army act and navy act. clause (ii) refers to the personnel employed in the police service or as an officer or other employee of a prison. clause ..... before the labour commissioner cum conciliation officer, bangalore division-3 and the 'appropriate government' referred the dispute under clause (c) of sub-section (1) of section 10 of industrial disputes act, 1947 for adjudication. in the meanwhile petitioner had submitted a representation to the respondents requesting payment of wages on par with other salesman .....

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Feb 29 2008 (HC)

The Executive Engineer, No. 1, Hemavathi Right Bank, Nala Division, Vs ...

Court : Karnataka

Reported in : (2009)ILLJ513Kant

..... dismissal, discharge or retrenchment has led to mat 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 prison; ..... it is the nature of work that decides the issue as to whether it is industry or not within the meaning of definition of section 2(j) of the act under section 2(k) of the act the 'industrial dispute' is defined and all disputes between the employer and employee or management and the workmen are covered under the definition ..... the industry are all governed by their standing orders. there is no distinction between the temporary employee or the workman or permanent employee. the definition of 'workman' under section 2(s) does not distinguish a temporary employee or a dairy wage employee, it only says,any person (including an apprentice) employed in any industry to do any .....

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Jun 09 2006 (HC)

Smt. Siddavva W/O Shivappa Hosamani, 50 Years and Smt. Paravva W/O Mal ...

Court : Karnataka

Reported in : 2006(5)KarLJ353

..... of the tahsildar dated 22.10.2001. admitted facts would reveal of an application by late subhash patil under section 15 of the karnataka land reforms act seeking for resumption of the lands as an ex-serviceman and has retired from the army on 31.7.1991. according to him, he issued a proper notice and that therefore, he is ..... and the same was allowed. matter was remanded. in the meanwhile, an application was filed under section 15 of the act by the respondent seeking for restoration of possession on the ground that he has retired as soldier after serving the indian army. the tahsildar passed an adverse order. aggrieved by the same, an appeal was filed before the ..... remanded. the 3rd respondent stated before the tribunal that he had filed an application under section 15 of the karnataka land reforms act, inter-alia, for resumption of the lands in question, as he is an ex-serviceman and has retired from the army on 31.7.1991 and within one year from the date of retirement, he had issued .....

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Jun 24 2004 (HC)

(Ex. Naik Clerk, G.D.) Ganeshan Vs. Union of India (Uoi) and ors.

Court : Karnataka

Reported in : [2005(105)FLR1045]

..... was called upon to show cause as to why his services could not be terminated under the provisions of para 333 of the regulations for the army lead with army act, 1950. section 20 and army rule 17. a show-cause notice is at annexure-j. the petitioner submitted a detailed reply objecting to the allegations in terms of annexure-c. ..... restraining the respondent from carrying out the discharge from service in terms of the army act, 1950, section 22 read with clause iii(v) of the table to army rule 13 for contracting plural marriage in violation of para 333-c(a) of the reductions for the army, 1987. the petitioner is challenging annexure-a in the given circumstances.5. notice ..... the principle stated by the supreme court in major radhakrishan's case would be applicable to the facts of the case. it was noticed therein that section 122 of the army act is a complete code in itself for not only it provides the period of limitation but also the offences in respect of which limitation clause would .....

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Feb 05 2021 (HC)

Samaja Parivarthana Samudhaya Asha Deep Vs. Central Bureau Of Investig ...

Court : Karnataka

..... good consciousness to all . the main thrust of the petitioner's case is that once the designated court's finding that no case for conviction under sections 3 and 4 of the tada act was made out was affirmed by this court, this court had no jurisdiction to confirm the death sentence as the reference for confirmation could only be ..... 21 and 22 of the constitution as the designated court had no :27. : jurisdiction to proceed with the case on its holding that no offence under sections 3 and 4 of the tada act was made out (b) the reference to the supreme court was bad in law and violative of articles 14 and 22 of the constitution and (c) ..... : confusion in the criminal justice system. we are ,therefore, of the opinion that the special leave petition itself was not maintainable.12. in pritam singh v. state air (37) 1950 sc169, this court while dealing with a criminal matter (after the grant of leave under article 136 of the constitution) considered the scope and ambit of this article and observed .....

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