Court : Supreme Court of India
Decided on : Apr-24-2000
Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642
..... was outlined in the manual of military law, 1937. the manual contained the indian army act, 1911, the indian army act & rules and explanatory notes under various sections and rules. the passage of time necessitated revision of the manual and incorporation of explanatory notes under the relevant sections and clauses of the army act, 1950 and army rules, 1954. it also became necessary to include some other enactments essential to ..... the subject, and to exclude from the manual the repealed indian army act, 1911 and the superseded indian army act rules. the manual of military law containing explanatory notes under the current and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2000
Reported in : [2000(87)FLR951]; 2000(7)SCALE259; (2000)8SCC492; [2000]Supp4SCR292; (2001)1UPLBEC664
..... of the armed forces of india.15. relying on the above said judgment and the order issued by the government of india dated 14-8-1986 and section 4(1) of the army act, 1950, learned senior counsel for the appellant contended that gref was a force falling within the connotation of armed forces under article 33 of the constitution of india ..... not intended to extend to any other armed force to which the provisions of the indian army act are extended under section 4(1) of the army act, 1950.19. thus, even though the appellant can be said to belong to the 'armed forces' for purposes of the army act and article 33 of the constitution of india, and even assuming that he was enrolled or ..... the words, 'three wings' used in rule 2 of the above said rules has to be understood in the light of section 3(xi) of the army act, 1950 which defines, the word, the forces' as the regular forces, namely, the army, navy and air force or any part of any one or more of them. the punjab rules permitting computation of ' .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-04-2000
Reported in : AIR2000SC525; 2000(2)BLJR1006; (2000)3CALLT1(SC); 2000(1)CTC418; JT2000(1)SC1; (2000)IIMLJ57(SC); 2000(1)SCALE23; (2000)2SCC20; [2000]1SCR1; 2000(3)SLJ37(SC); (2000)1UPLBEC
..... central government in consultation with the election commissioner.(8) in sub-sections (3) and (5) 'service qualification means-(a) being a member of the armed forces of the union; or(b) being a member of a force to which the provisions of the army act, 1950 (46 of 1950) have been made applicable whether with or without modifications; or( ..... c) being a member of an armed police force of a state who is servicing out side that state; or(d) being a person who is employed under the government of india in a post outside india.12. section 20 ..... reside' as used in the note to paragraph 5 of the 'instructions' and the expression 'ordinarily resident' used in section 20 of the representation of the people act, 1950. this act and the representation of the people act, 1951 both deal with the election matters including delimitation of constituencies, right to contest the election as also right to vote .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2000
Reported in : AIR2003SC4453; JT2001(1)SC96; 2000(8)SCALE396; [2000]Supp5SCR630
..... court had no jurisdiction to entertain and try the suit. while holding so the high court relied upon section 108(b)(e) of the act which runs as under:108(b)(e)if by fire, tempest or flood, or violence of any army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or ..... provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision; the aforesaid section provides that in case of destruction of the property by fire, tempest orflood, or violence of any army lease may be rendered void at the option of the ..... lessee provided that such injury to the leased property has not been occasioned by the wrongful act or default of the lessee. according to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2000
Reported in : [2001(89)FLR15]; JT2001(2)SC628; (2001)ILLJ154SC; (2001)10SCC611
..... dismissal, 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 a prison; ..... the tribunal, namely, that the respondent was not a workman inasmuch as he was mainly carrying on the duties which were administrative or managerial in nature.9. section 2(s) of the industrial disputes act reads as under:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... and administrative and therefore he was regarded as not being a workman. though the tribunal did not specifically state so, it is evident that it is because of section 2(s)(iii) that the respondent no. 1 was regarded as not being a workman.12. neither the single judge nor the division bench of the high court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-2000
Reported in : 2000CriLJ1803; [2000]2SCR807; 2000(2)LC904(SC)
..... the court to utilise such statements of persons whose statements were recorded in the absence of the accused as an exception to the normal principles embodied in section 33 of the evidence act, inasmuch as the accused has been denied of the opportunity of cross-examining the witnesses, it is, therefore, necessary that the pre-conditions for utilising ..... according to them had been used in firing at the deceased. later on, the army authorities established that the said gun in fact had been issued to the accused appellant. after completion of investigation, charge sheet was filed against the appellant, his brother ..... firing had been done in sand and without the weapon concerned, it would not be possible to test and analyse. the investigating officer then again approached the army authorities and got eight sten guns. all those eight sten guns were tested by a test fire and the fsl people identified one of those sten gun which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-2000
Reported in : AIR2000SC2513; 86(2000)DLT761(SC); JT2000(8)SC276; 2000(5)SCALE327; (2000)6SCC698; [2000]Supp1SCR722; 2000(2)LC1254(SC)
..... and is at variance with the letter dated october 20, 1986 setting out the criteria laid down by the president for appointment of army commanders cannot be acted upon. in so far as the said circular provides for appointment of corps commander as the caption of the circular indicates, there will be no conflict ..... with the criteria laid down by the president for appointment to the post of army commander. the absence of the word 'seniority' in the letter of the government ..... in the eastern sector, especially the border areas with china. he has also held important staff assignments in military operations, infantry and staff duties, directorates in the army headquarters. his instructional experience is however limited to junior ranks only and he has practically no experience of cl operations.the officer did not participate in 1962 and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-11-2000
Reported in : AIR2000SC3469; JT2000(2)SC31; (2000)9SCC313
..... chief minister against whom charge-sheet had been filed by the cbi instructed s/shri vsk kaumudi, sp, ahd, patna and rakesh kumar, standing counsel to seek help of the army which was not at all warranted and contrary to the law laid down for use of armed forces in aid to civil authorities, the execution of non-bailable warrant is ..... u.n. biswas, ips (wb : 68) joint director (east), cbi, calcutta since 25-7-1994 and 30-7-1997 while posted and functioning as such. it was his duty to act as per laid down rules and procedures and do all important official business by keeping his superior officers informed as per existing instructions in this regard, being a member of ..... director (east) cbi, calcutta and during the course of supervision of ahd cases of bihar failed to maintain absolute devotion to duty and committed gross misconduct inasmuch as he acted irresponsibly and in excess of his authority in a manner unbecoming of a manager of the all india services in that:on 29/20-7-1997, he on his own .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-18-2000
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
..... as it deems fit. thereby the original decision of the tribunal is modified to the extent indicated in the further decision as provided under section 5(3) of the act. under section 6 of the act the central government is duty bound to publish the decision of the tribunal in the official gazette whereafter the said decision becomes final and binding ..... then forward to the central government a report setting out the facts as found by him and giving its decision on it as provided under sub-section (2) of section 5 of the act. on consideration of such decision of the tribunal if the central government or any state government is of the opinion that the decision in question ..... shanti bhushan - arlington coalition on transportation v. john a. volpe (1972) 458 f.2d 1323 and environmental defense fund, inc. v corps of engineers of united states army (1971) 325 f. supp.749. in both these decisions it was decided that the nepa would be applicable even in case of a project which had commenced prior to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-2000
Reported in : AIR2000SC1216; JT2000(3)SC4; 2000(2)SCALE226; (2000)3SCC652; [2000]2SCR111; 2000(1)LC597(SC)
..... possession/occupation and the possession of a mortgagor through the mortgagee cannot be held to be in possession or occupation as postulated in sub-section (4) of section 5 and sub-section (1) of section 29 of the act.in the present case the appellant has come forward with a specific case in the plaint that the defendant is in possession of the ..... the occupation of the zamindar or biswedar on the date of vesting of the estate. it would thus appear that in view of sub-section (4) of section 5 and sub-section (1) of section 29 of the act the mere fact of recording of the land as khudkasht in the settlement records on the date of vesting would not be enough for a ..... chet singh held zamindari rights in respect of the disputed land situated in village mohammadpur, of tehsil-dholpur in the state of rajasthan. as he was serving in the army he had engaged sohan singh for cultivation of the land. since sohan singh got his name recorded in the revenue records as the owner of the land chet singh filed .....
Tag this Judgment!