Court : Supreme Court of India
Decided on : Dec-04-1986
Reported in : AIR1987SC413; 1987LabIC236; (1995)IIILLJ465SC; 1986(2)SCALE998; 1986Supp(1)SCC501; 1986(2)SLJ998(SC); 1987(1)LC51(SC)
..... and the maintenance of discipline among them.in enacting the army act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the operation of ..... to the armed forces. they answer the description of the 'members of the armed forces' within the contemplation of article 33. consequently, by virtue of section 21 of the army act, the central government was competent by notification to make rules restricting or curtailing their fundamental rights under article 19(1)(c).3. the decision appears to ..... cannot be validly registered. sri gupta submits that unless the members 6f the union are brought within the compass of section 2(1)(i) of the army act, it is riot possible to hold them subject to the army act. section 2(1)(i) refers to 'persons not otherwise subject to military law who, on active service, in camp, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-1986
Reported in : AIR1986SC1060; 1986CriLJ848; 1986(2)Crimes353(SC); 1986(1)SCALE219; (1986)2SCC217
..... was a deserter. now, neither the expression 'deserter' nor the expression 'desertion' has been defined by the army act. however under section 38 of the army act desertion and aiding desertion are made offences. section 38(1) saysany person subject to this act who deserts or attempts to desert the service shall, on conviction by court-martial,if he commits the offence ..... in the second place he contends that he was not a deserter and could not be deemed to be a deserter either, as the procedure prescribed by section 106 of the army act was not complied with.11. the effect of the earlier judgment in the civil appeal was stated in the earlier judgment itself. it was said, ..... military custody after apprehension. it was stated that as captain virendra kumar had deliberately refused to join his new unit he had committed an offence under section 38 of the army act as he had no intention to rejoin duty. the deponent of the counter affidavit then referred to the earlier judgment of the court in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-21-1986
Reported in : AIR1986SC1655; 1986CriLJ1248; 1986(3)Crimes11(SC); 1986(1)SCALE931; 1986Supp(1)SCC190; [1986]3SCR113
..... who are charged with having committed offences which fall under the purview of section 52 of the army act, 1950, section 549(1) of cr.p.c. provides that central government may make rules consistent with cr.p.c. and the army act. in pursuance of this provision contained in section 549(1) cr.p.c. the central government has framed rules known ..... in as much as the rules applied to magistrates and not to a judge presiding over a special court.(2) having regard to the provision contained in section 122 of the army act, 1950, which prescribes a period of limitation of three years, which period had already elapsed during the pendency of the proceedings in the high court, the ..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1986
Reported in : AIR1987SC212; [1987(54)FLR30]; 1987LabIC213; 1986(2)SCALE941; (1987)1SCC172; 1988(2)SLJ114(SC); 1987(1)LC167(SC)
..... disability. since there is this factual dispute between the parties, we will try to resolve it with reference to the facts of this case.8. the army act, the rules & regulations and instructions thereunder govern the service conditions of the commissioned officers including those on emergency commission, like the appellant before us. termination ..... conditions of the emergency commissioned officer. this contention was repelled by this court. we respectfully agree.termination of commission is provided in para 15 of the army instruction which reads as follows:15. termination of commission(a) the commission of an officer may be terminated at any time by the government of india-( ..... -5-1983, respectively, are letters from the government of india to the chief of the army staff in relation to the appellant. the subject mentioned in both these annexures is 'claim to disability pension in respect of capt. section 4s. dhaliwal.' annexure d-6 reads as follows:in supersession of this ministry's letter .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-05-1986
Reported in : AIR1987SC16; 1986(2)SCALE714; (1986)4SCC558; [1987]1SCR99; 1987(1)LC33(SC)
..... or other legal represen- tatives were the tenure-holder. it also provides that where a tenure-holder dies before he is served with a notice under sub-section (2) of section 10 of the act, the prescribed authority may serve such notice on his executor, administra- tor or other legal representatives and may proceed to deter- mine the ceiling area applicable ..... record any other finding on the merits of the case. after remand the case was en- quired into by the prescribed authority. in that proceeding fresh notices under section 10(2) of the act was issued to the heirs of smt. amna begum. smt. sharifan begum. respond- ent no. 3, one of the heirs of smt. amna begum appeared ..... ahmad--re- spondent no. 4, who was one of the heirs of smt. amna begum filed objections before the prescribed authority to the notice issued under section 10(2) of the act. the prescribed authority overruled the said objections and declared that smt. amna begum was holding 17.37 hectares of land as sur- plus land by his order .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-08-1986
Reported in : AIR1986SC833; (1986)2CompLJ1(SC); 1986CriLJ917; 1986(2)Crimes1(SC); 1986(1)SCALE859; (1986)3SCC67; [1986]2SCR388
..... be investigated. it is further alleged that the collector confiscated the goods with option to redeem the same on payment of rs. 1,09,60,000 under section 125 of the customs act, 1962. the fine was paid, goods were allowed to come in and these were sold to actual users as jsvl were advised that in the disturbed ..... , 1983, relevant invoice for the sale of beef tallow by m/s. alugul to jain sudh vanaspati was issued. on 3rd may, 1983, show-cause notice under section 124 of the customs act, 1962 was issued. cause was shown on 11th may, 1983. on 24th may, 1983, collector of customs, bombay passed orders confiscating the consignment for home consumption. ..... items.12. complaint was filed by the deputy chief controller of imports and exports in the court of chief metropolitan magistrate for offences under section 120b of indian penal code read with section 5 of the act. this was the matter of challenge before the delhi high court. it may be appropriate to refer to the relevant portions of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-1986
Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802
..... suggested by mr. jethmalani has happened. all that has in fact happened is that a special judge's court was created for purnea division under section 6 of the criminal law amendment act and shri bindeshwari prasad verma, additional district judge, west champaran, who was under orders of transfer as additional district judge, bhagalpur was designated as ..... mr. jethmalani that the letter addressed to the president showed that simranjit singh mann wanted to devote himself to the rehabilitation of those who had suffered during the army action and the letter could never possibly be evidence of a conspiracy to wage war against the government. it is true that in this long letter, there ..... underground organisations said to be in mann's hand-writing, a register in which mann was said to be writing the history of amritsar in which the indian army is said to have been described as the enemy, consequent on operation blue-star, extremist sikhs are said to be described as nationalists and defenders of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-1986
Reported in : AIR1986SC1173; (1986)IILLJ334SC; 1986(1)SCALE998; (1986)3SCC103; [1986]2SCR980; 1986(2)SLJ249(SC)
..... rejected the contention that the order of the chief of the army staff confirming the proceedings of the general court martial under section 164 of the army act, 1950 and the order of the central government dismissing the appeal of the delinquent officer under section 165 of the act were illegal and ultra vires as they did not give reasons ..... while interpreting the words ' a reasonable opportunity of showing cause against the action proposed to be taken in regard to him' in sub-section (3) of section 240 of the government of india act, 1935 speaking for the judicial committee of the privy council, observed: in the opinion of their lordships, no action is proposed within the ..... 17. the phrase ' a reasonable opportunity of showing cause against the action proposed to be taken in regard to him' appearing in sub-section (3) of section 240 of the government of india act, 1935 was reproduced in clause (2) of article 311 of the constitution as originally enacted i.e. prior to its amendment by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-05-1986
Reported in : AIR1986SC1896; 1986(2)SCALE208; (1986)3SCC600; [1986]3SCR472; 1986(2)LC490(SC)
..... general and in amritsar in particular for the trial of suit of this nature. there has been communal tension between different communities as well as between different sections of the same community. anything connected with the golden temple is an extremely sensitive matter capable ot arousing deep passions. it is, therefore, stated that it ..... and additions were made of respondents nos. 4 to 37, some of them are ministers, officers and members of armed forces, including the present chief of the army for their participation in what is known as 'operation blue star' from june, 1984 to september, 1984. it is not necessary to set out in detail ..... causing loss to movable and immovable properties of the various gurdwaras being administered and managed by the plaintiff no. 1 under the provisions of the punjab sikh gurdwaras act, 1925, during the period from june to september 1984, by the defendants, their employees, servants and agents by making a deliberate, unprovoked, unwarranted, unannounced, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-1986
Reported in : AIR1986SC1527; (1986)88BOMLR395; 1986(1)SCALE1242; (1986)3SCC247; [1986]3SCR63; 1986(2)LC159(SC)
..... patiala, etc. etc. v. union of india and ors. : [1984]1scr657 . in that case this court had to construe section 27a and 28 of the railways act and the court observed:section 28 forbids discrimination by giving undue or unreasonable preference or advantage in respect of any particular traffic to any particular person or any railway ..... the preferential traffic schedule according to priority 'c to transport of coal by those mentioned therein has been issued in exercise of the power conferred by section 27a. therefore, the submission that petitioners in the matter of transport of coal are similarly situated with the central or state government or transporters given priority ..... butter fat and 1.029 specific gravity daily at military farms/depots as mentioned in appendix 'a'.17. para 16 provides that as per orders of army headquarters, military farms contracts are to be concluded through a panel of officers which may hold negotiations with the contractor where necessary and recommend the reasonable .....
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