Judgment Search Results Home > Cases Phrase: army act 1950 section 30 immunity of persons attending courts martial from arrest Court: karnataka Page 3 of about 253 results (0.170 seconds)

Hubballi Uraban Development Authority Vs. Hubballi Dharwad Municipal C ...

Court : Karnataka Dharwad

..... enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under section 15 of the kh act, at the time of passing the award, the special land acquisition officer has come to the conclusion that the respective writ petitioners are not ..... were urged in the writ petitions before the learned single judge.34. the appellants have also contended that once layout plans are approved/sanctioned under section 17 of the ktcp act and the subject lands are shown as road margin in the master plan, the lands would automatically vest with the state and its authorities ..... sri. g.k.hiregoudar, govt. adv. for r2; r1-notice not ordered) this contempt petition is filed under section11and12of the contempt of courts act, 1971, r/w. article215of constitution of india,1950, praying this hon ble court be pleased to, a. allow this petition and consequently initiate contempt proceedings against the accused for his willful and .....

Shivakumar S/O Kalyanappa Padashetty Vs. the Disciplinary Authority an ...

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, .....

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. .....

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 .....

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 .....

Smt.latha Holeyappa Bulla Vs. Smt.jakkavva W/o Basavaneppa Kampli

Court : Karnataka Dharwad

..... was a written agreement and therefore the parties are bound by the terms and conditions of the agreement. once a contract is reduced to writing, by operation of section 91 of the evidence act it is not open to any of the parties to seek to prove the terms of the contract with reference to some oral or other documentary evidence to ..... under liquidation for all practical purposes, could not have conveyed a better right than what was conferred on the lessee- company under ex.p.30, according to sec. 48 of the transfer of property act.14. now if ex.p.30 is seen, the following are the clauses that require interpretation. second: the term of the lease as mentioned above being ..... 29. in the case of smt. shanti devi (supra), it is held that after the determination of lease by efflux of time, service of quit notice under section 106 of transfer of property act is not necessary. and in the case of badrilal (supra) also it is held that for ejecting a tenant by sufferance, notice is not necessary to be .....

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 .....

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 .....

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 .....

Sri R F Hudedavar Vs. The State Of Karnataka

Court : Karnataka

..... corporation established by or under any law of the state legislature, including a co- operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its financial interest in such corporations or boards, by ..... as task force commander/assistant engineer on consolidated pay/daily wage and his services were regularised with effect from 05.05.1988 by the then karnataka land army corporation limited which was constituted in the year 1974. the said corporation was renamed in the year 2009 as kridl. the petitioner was promoted as assistant ..... 06.2011, the general manager (md), issued direction to the executive officer, taluka panchayat, hagaribommanahalli to entrust the construction of low cost houses through the karnataka land army corporation limited, now called as kridl. copy of the letter dated 16.06.2011 addressed by the general manager (md), rgrhcl is at annexure c . (d .....