Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... whether the corporation falls within the meaning of the term 'state'. the corporation is incorporated and is regulated by the road transport corporation act, 1950. according to section 4, this corporation is a corporate body having perpetual succession and a common seal. the management vests in the board of directors with ..... , period of probation, etc., and further rajasthan state road transport corporation employees service regulations, 1965 which have been made under section 45 of the road transport corporations act, 1950 expressly provide the categories of posts and services and make distinction between the employees on the permanent post in comparison to the work ..... audit are to be done as prescribed by the state government in consultation with the comptroller and auditor-general of india.28. section 34 of the road transport corporations act, 1950 contemplates that the directions cann't be given in all matters including recruitment, conditions of service and training of its employees, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1171; 1969CriLJ1559; (1969)1SCC440; [1969]3SCR320
..... queen's bench of the high court. it was held that the fugitive offenders act, 1881, was in force between india and great britain on january 26, 1950, when india become a republic and it was continued to apply by virtue of section 13 of the india (consequential provision) act, 1949, and, therefore, the magistrate had jurisdiction to make the order for the applicant ..... more convenient administration of the english extradition act, 1870 & 1873 and the fugitive offenders act. 1881, remained in operation. but after january 26, 1950, india is no longer a 'british possession.' in c. g. menon's case : [1955]1scr280 : [1955]1scr280 it was decided by this court that application of sections 12 and 14 of the fugitive offenders act, 1881, for surrendering an offender to .....
Tag this Judgment!Court : Chennai
Reported in : [2004]271ITR533(Mad)
..... by the agricultural income-tax officer. the powers of the appellate assistant commissioner in disposing of the appeal are set out in sub-section (5) of section 31 of the act and the said section reads as under'31. appeal against assessment.-. . .(5) in disposing of an appeal, the assistant commissioner may -(a) ..... only point that arises for consideration is whether the appellate assistant commissioner has power of enhancement of assessment suo motu under section 31(5) of the act. under section 31 of the act, an assessee is given a statutory right to prefer an appeal before the assistant commissioner against the order of assessment made ..... appellate assistant commissioner found that certain expenditure allowed by the agricultural income tax officer was not correct. accordingly, after issuing notice under section 31(5) of the act, he enhanced the assessment by disallowing certain expenditure. the assessee filed an appeal before the tamil nadu agricultural income tax appellate tribunal against .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... the petitioners submitted that in the present case, the petitioners come under the category of assessee within the meaning of clause (7) of section 2 of the act and section 147 of the act empowers the assessing officer, if he has reason to believe that any income chargeable to tax for any assessment year, has escaped assessment, ..... have been taken aid of.39. further the requirement of obtaining sanction from the commissioner of income-tax/wealth-tax under section 151 of the act and under section 17 of the wealth-tax act is of extreme importance constituting' safeguards and not only the assessing officer has formed these reasons to believe in the most ..... of re-opening of the concluded assessment, and the authorities as mentioned therein are other than those mentioned in sub-section (1a) of section 131, whereas the authorities mentioned in sub-section (1a) of section 131 of the act, i.e., the director general or director or deputy director or assistant director or the authorised officer, are the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(4)SCC715
..... himself. thereafter on 13-8-1977 he addressed a letter to the then law minister wherein he made allegations against his superiors. regulation 557 of the regulations framed under the army act, 1950 provides as under :557. correspondence with high officials. in no circumstances will officers, jcos, wos, or or ncs (e) address the president, the head of a ..... 1954. that rule insofar as relevant for our purpose reads as under :14. (1) when it is proposed to terminate the service of an officer under section 19 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action :provided ..... the then law minister in violation of regulation 557 quoted earlier and had thereby committed a grave irregularity and was, therefore, guilty of misconduct unbecoming of an army officer. the appellant denied having written any such letter but the division bench of the high court found intrinsic evidence in the letter betraying the appellant as the .....
Tag this Judgment!Court : Delhi
Reported in : 2003(3)SLJ244(Delhi)
..... rule 12 of the army rules.2. however, on 13.11.99 the petitioner was re-enrolled in defense service corps (i.e. dsc) after he was ..... service in the army. the case of the petitioner is that as per the policy in the army, the release medical board proceedings are not provided to the individuals. he was released on the basis of release medical board and discharge certificate of the petitioner was prepared in accordance with provisions of section 23 of the army act read with ..... , he was physically examined by the medical authority and he was found fit for enrollment as being in medical category `aye'. (iii) during his service in the army, on 21 august,1995 he was placed in low medical category cee (temporary) for six months, and his further categorization could only have been done by the reclassification .....
Tag this Judgment!Court : Delhi
Reported in : 141(2007)DLT661; 2007(95)DRJ162
..... under the state could be withdrawn at any time before the same is accepted, is a fairly well settled principle of law. there is nothing in the army act nor in the army rules and regulations nor was any provision in the same pointed out to us by which a request for discharge on compassionate grounds attains finality and simply because ..... records letter dated 17.01.2005, the commanding officer ought to have forwarded the request for withdrawal to the next higher officer in terms of rule 11(2) of the army rules, 1954 which reads as under:11. discharge not to be delayed (1) xxxxxxxx(2) the discharge of a person, validly sanctioned by a competent authority, may, ..... request according to the petitioner, stood withdrawn by him before the discharge was sanctioned. 2. the petitioner was enrolled as naik clerk in 74, medium regiment of the indian army on 31.01.2001. in july, 2004 he was transferred in the same capacity to 27, mountain artillery brigade where he reported for duty on 30.07.2004. the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ618
..... the petitioner has signed any proceedings which may indicate that he had pleaded guilty or did not want to produce evidence' as against records and scheme of the army act and army rules.10. plea of guilty is required to be signed only by the court and not by the accused, submits the counsel.reliance has been placed on ..... maqbool lone nk bipin lalindependent witness the accused.apodated : 11 dec, 916. during the course of recording of summary of evidence a certificate was issued that provisions of army rule 23(1) (3) and (4) have been compiled with. after recording of summary of evidence the writ petitioner was ordered to be tried by summary court ..... on 08 december 1991 (an)place ; peace (j.s. sambyal)dated : 10 december, 1991 colonelcommanding officer.3. the charge was heard by the commanding officer under army rule 22. the prosecution witness ic-39201p major manoj kumar was heard in presence of the accused writ petitioner who declined to cross examine the witness. no defence witnesses were .....
Tag this Judgment!Court : Allahabad
Reported in : 1987CriLJ637
..... person decides that it should be instituted before a eourt-martial, to direct that the accused person shall be detained in military custody.5. under section 126 of (the)army act, 1950 when a criminal court having jurisdiction is of an opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, ..... petitioner before this court and opposite party no. 2 is retired lt. general jagdishwar singh nakal. the petitioner is a person subject to (the) army act, 1950. there is no dispute about it. in section 3(b)(ii) 'civil offence' has been defined as an offence which is triable by a criminal court. as between these two parties mentioned ..... of session to stand their trial. against this order, the present petition under section 482, cr.p.c. has been filed.2. section 69 of (the)army act, 1950 clearly lays down 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 .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC842
..... the respondents also enclosed a photocopy of the request application of the petitioner.3. against the premature discharge of the petitioner from the army he has preferred a statutory complaint under section 26 of the army act, 1950. if has been alleged by the petitioner that said statutory complaint has not been decided so far.4. in the circumstances, the ..... such inquiry as may be considered necessary and a very detailed note resulting from such inquiry with the relevant legal provisions referred is given to the chief of army staff, often with suggestions and options. the c.o.a.s. examines the same and personally under his own signatures passes orders which generally do not ..... directed to decide the statutory complaint by a reasoned order. the prayer cannot be granted for the following reason.6. in the office of the chief of the army staff these statutory complaints have a specialised procedure for being dealt with. there is a body known as 'complaint advisory board' (c.a.b. for short) .....
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