Court : Supreme Court of India
Decided on : Apr-22-1980
Reported in : AIR1981SC947; 1981LabIC433; (1981)1SCC485; 1980(12)LC701(SC)
..... they are sometimes called upon to make.3. going to back to the facts, constitutive of the grievances of the appellant, we may state that the army act and the rules and regulations and instructions thereunder govern the fate of commissioned officers including those on emergency commissions like the appellant. when in emergency commissioned ..... appellant legalistic and does not appeal to us and we concur with the high court in the view taken that the said instruction governs emergency commissioned officers. sections 21, 23, 27, and 191 to 193 together with the residuary executive power cannot be done by technical trunextlon of the sense and sweep of the ..... that an officer granted emergency commission if eligible and suitable in all respects may be considered at the appropriate time for permanent regular commission in the regular army, army instruction 13/s/65 was issued. the relevant paras are reproduced below :1. serving emergency commissioned officers granted commission under a.i. 9/s/62 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-26-1980
Reported in : AIR1981SC1545; 1981LabIC831; 1980Supp(1)SCC559; 1980(12)LC519(SC)
..... depart from it overnight by making a fresh selection and without an antecedent reformulation of policy and making that policy known to the concerned sector in the army. the high court issued a writ forbidding any fresh selection in variance of the 1971 selection and so the aggrieved party, the present petitioner, has come ..... sensitive area of defence, courts should be cautious although courts are not powerless. the union of india having framed a policy relieved itself of the charge of acting capriciously or arbitrarily or in response to any ulterior considerations so long as it pursued a consistent policy. probably, the principle of equality which interdicts arbitrariness ..... imperatives of national considertions. we cannot, as court give directives as to how the defence ministry should function except to state that the obligation not to act arbitrarily and to treat employees equally is binding on the union of india because it functions under the constitution and not over it. in this view, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-1980
Reported in : AIR1980SC1285; (1981)1SCC11; [1980]3SCR689
..... sequence of cases based on promissory estoppel since the war * * * systematically explored.18. this subject though interesting may not be relevant in administering indian law. section 63 of the contract act provides that when a creditor accepts a lesser sum in satisfaction of the whole debt, the whole debt becomes discharged. this provision is a vide departure from ..... where there is an implied term to that effect or that is the true meaning of the contract.lord denning was dealing with a case of a serving army officer who wrote to the war office regarding a disability and received a reply that his disability had been accepted as attributable to 'military service'. relying on that ..... onerous on the claimants than the requirements in the contract of 1936. it was provided that this by-law was not to come into effect until november 1, 1950. it was contended by the claimants that by the provisions of the contract of 1936, there was an implied or an express term that the corporation should not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-12-1980
Reported in : AIR1981SC368; 1980CriLJ1413; (1981)0GLR450; (1981)2SCC75; [1981]1SCR391
..... prevention of corruption act. the officer who investigated these offences was an inspector of the delhi police ..... the indian penal code, read with section 5(2) of the ..... the delhi gambling act, is implicit in section 6(1) of the bombay prevention of gambling act.23. it will now be appropriate to notice this court's decision in union of india v. i.c. lala. in that case, two army officers and one business-man were charged with the conspiracy of the offences punishable under sections 120b and 420 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-1980
Reported in : AIR1980SC2041; 1981(29)BLJR110; (1981)IILLJ405SC; 1980Supp(1)SCC562; [1981]1SCR168; 1981(13)LC180(SC)
..... to evolve a separate policy for a small directorate like the directorate of military farms alone. the entire officer cadre of the army in the army like infantry, artillery, armoured corps and services like army supply corps, army ordnance service etc. will have to be covered by one uniform policy as is existing at present.in the circumstances and in ..... of courts but by the best strategy. but even amidst the clash of arms the laws shall not be silent, so much so, the constitutional mandate not to act arbitrarily was binding on the defence ministry.6. the selection on which the review petitioner stakes his claim is of 1971 vintage and the vacancy to be filled ..... was plainly laid down that no finality nor infallibility attached to the '1964 policy' and the central. government was free to revise or reverse that policy 'provided it acts justly and fairly'. a month's time to evolve a new policy, if felt necessary, was granted to government and the learned attorney general agreed to abide by this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-1980
Reported in : AIR1981SC636; (1981)1SCC597; [1981]2SCR287; 1981(13)LC48(SC)
..... tenure-holder or other members of his family, can be held to be not in 'good faith' within the contemplation of proviso (b) to sub-section (6) of section 5 of the ceiling act, merely because the tenure-holder had failed to prove to the satisfaction of the prescribed authority or the appellate authority that the purpose for which the sale ..... lands to other cultivators to raise funds to acquire a site and build a residential house in new delhi where he would live in reasonable comfort after retirement from army service.23. for all the foregoing reasons, we allow this appeal, set aside the orders of the high court and of the appellate authority and the prescribed authority ..... to one inderjit singh by a registered deed, dated august 9, 1971, and handed over the possession to the vendee; (b) similarly, after obtaining the permission of the army headquarters on january 2, 1971, he sold 12.50 acres of the land for rs. 25,000/to one gurjeet singh by another registered sale-deed and handed over the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-1980
Reported in : AIR1981SC1157; (1981)2SCC670
..... petition no. 4499/77 arising out of revenue appeal no. 253/77 was dismissed.3. the prescribed authority under section 10(2) of the u.p. imposition of ceiling on land holdings act, 1960 (act no. 1 of 1961) (as amended by u.p. act 18 of 1973) issued notice to the appellant to show cause why 25.93 acres of land be not ..... to show that the sales were not made to avoid any ceiling law.'5. the appellant's contention was that since he was in the army service, he had made these sales after obtaining permission from the army authorities in order to raise funds for building a residential house for himself in delhi. the appellate authority did not hold that the sales ..... of ordinary management of his affairs by the transferor viz., to raise funds for building a house at delhi. all the facts and conditions necessary to claim the protection of section 5(6), proviso (b) were satisfied in this case.7. we, therefore, allow this appeal, set aside the orders of the high court and the appellate authority and the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-1980
Reported in : AIR1981SC695; (1981)1SCC431; [1981]2SCR405; 1981(13)LC70(SC)
..... the aid of respondent 1 by reason of the rule contained in section 109 of the indian act, namely, that when two persons have been shown to stand to each other in the relationship of landlord and tenant, the burden of proving that such relationship ..... 1959-60, nor have the contents of that document been assailed us. a presumption of truth attaches to those entries in view of the provisions of section 44 of the punjab land revenue act. that presumption is no doubt rebuttable but no attempt has been made to displace it. further, once that presumption is raised, still another comes to ..... in point of time is an application (ex. a31) which was sent to the concerned deputy commissioner through the military authorities by one of the appellants who was an army hand. that application is dated december 11, 1967 and states that the land in dispute was taken by him on lease from kanti prasad in the year 1965 and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1980
Reported in : AIR1981SC1240; 1981CriLJ751; 1980Supp(1)SCC352
..... madhya pradesh at jabalpur. the high court allowed the appeal and convicted the accused bhupendra singh for having committed an offence under section 307, i.p.c. and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of rs. ..... 1,000/-. the high court also allowed the appeal against rest of the accused and convicted each one of them under section 307 read with section 149, i.p.c. and sentenced them to suffer imprisonment till the rising of the court and a fine of ..... the connected criminal appeal (original accused 2-5) were convicted in the same trial for having committed an offence under section 324 read with section 149, i.p.c. on the question of sentence the learned trial judge observed that, all the accused persons belonged ..... judge came to the conclusion that this was a fit case in which the benefit of the provisions of probation of offenders act should be given to the accused with the condition that accused bhupendra singh should pay rs. 250/- to injured p.w. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1980
Reported in : AIR1980SC1426; (1980)IILLJ128SC; (1980)3SCC189; [1980]3SCR364; 1980(1)SLJ646(SC)
..... pradesh (courts) order, 1948, ('1948 order' for short), was issued by the union government in exercise of the power conferred by sections 3 and 4 of the extra provincial jurisdiction act, 1947, and this order remained in force till it was replaced by the himachal pradesh subordinate judicial service rules, 1962 ('1962 rules' ..... not to have been done. alternatively, high court should while making recommendation for promotion put the principle of merit-cum-seniority in the forefront and act accordingly. the high court and the governor appear to be agreed that the recommendation for promotion made was proper and the same was accepted without a ..... 25, 1971, when at the apex of judicial hierarchy there was a court of judicial commissioner. on the introduction of the punjab re-organisation act, 1966, ('re-organisation act' for short) effective from november 1, 1966, certain territories were transferred and added to the union territory of himachal pradesh simultaneously extending the jurisdiction .....
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