Court : Supreme Court of India
Decided on : Jul-29-2020
..... of cashiering from service is upheld, forfeiture of all the pensionary benefits of the appellant is not automatic. he submitted that no order as contemplated in section 71 (h) of the army act, 1950 forfeiting his pension has been directed by the general court martial. therefore, the appellant is entitled for payment of pension. he relied upon the judgments ..... court martial on 09.12.1986 and was sentenced to be cashiered from service on 14.01.1987. the petition filed by the appellant under section 164 3. (2) of the army act, 1950 was rejected on 30.05.1988. the conviction and sentence of the general court martial were challenged by the petitioner before the delhi high court ..... of india v. p.d. yadav.2 the punishment that may be inflicted in respect of 8. offences committed by persons under the army act and convicted by the court martial are dealt with in section 71. section 71 (d) refers to cashiering and 71 (h) provides for forfeiture of service for the purpose of increased pay, pension or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-06-2020
..... title, and interest in an estate in a suit for partition.21. respondent no.1 had pleaded in paragraph 23 of the petition filed under section 241 of the companies act, 2013, as under: 23. late 1990s and early 2000s saw increased liberalization in indian economic policies. foreign investors and mncs had a positive outlook ..... case of inheritance of shares. thus, the legal representatives were given the right to maintain the application regarding oppression and mismanagement. given the provisions of section 72 of the act, and particularly in the absence of requisite shareholding, it was not permissible to pankaj oswal, respondent no.1, to maintain the company petition. as a ..... , vehemently argued that the appellant was the sole nominee of shares of erstwhile shareholder late abhey kumar oswal. in view of the provisions contained in section 71 of the act, respondent no.1 could not claim any interest in the said shares because of the nomination. after excluding shares in the name of mother mrs. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2020
..... or the indian navy (discipline) act, 1934, or the air force act but not to affidavits presented to any court or officer, nor to proceedings before an arbitrator;25. this would be sufficient to keep the application of section 94 of the evidence act out of harm ..... being in line with the modern contextual approach to the interpretation of contracts. when proviso (6) and illustration (f) to section 92, section 94 and section 95 of the evidence act are read together, the picture that emerges is that when there are a number of documents exchanged between the parties in the ..... section 1 of the evidence act states as follows: 1. short title. this act may be called the indian evidence act, 1872. 38 extent. it extends to the whole of india except the state of jammu and kashmir and applies to all judicial proceedings in or before any court, including courts- martial, other than courts-martial convened under the army act, the naval discipline act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-01-2020
..... on 18.12.2019. in this writ petition it is the case of the petitioners that, petitioner no.1 is a senior citizen who has served in indian army for 27 years and retired as a colonel and the petitioner no.2 is his wife and on 18.12.2019 they have booked tickets to air india flight ..... etc. in this writ petition also, it is the allegation of the petitioner association that, the cars have been issued in exercise of powers under provisions of aircrafts act, 1934, to implement the convention relating to international civil aviation standards and recommended practices but same is not being followed to refund the fare amount in view of the ..... aviation to monitor the compliance of such advisories referred above.3. writ petition(c) being diary no.10966 of 2020 is filed by a society registered under societies registration act, 1860 by way of public interest litigation, to declare the action on the part of the respondent airlines, operating domestic as well as international flights in india, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-09-2020
..... they question the vires of statutory legislations (except where the legislation which creates the particular tribunal is challenged) by overlooking the jurisdiction of the tribunal concerned. section 5(6) of the act is valid and constitutional and is to be interpreted in the manner we have indicated. 13. reliance placed by ms. dwivedi on the judgment of this ..... that the tribunal shall exercise jurisdiction, power and authority in relation to an appeal against any order, decision, finding or sentence passed by a court martial.5. section 34 of the act reads as follows: 34. transfer of pending cases. (1) every suit, or other proceeding pending before any court including a high court or other authority ..... such intra court appeals.8. this view was doubted by another division bench of the allahabad high court in w ex sigman nand kishore sahoo vs. chief of army staff 2. thereafter, the matter was referred to a full bench in the said case and the full bench by a majority held as follows: in view of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-2020
..... be questioned by appropriate remedy provided in the criminal code.37. recently, this court in shreya singhal, accepting the constitutional challenge and striking down section 66a of the information technology act, 2000, had differentiated between categories and adopted the scales test when offensive speech would be criminalised, observing: 13...there are three concepts which are ..... became entrenched in the usa, free speech was meant to protect proponents of unpopular views against the tyranny of the majority. stage three, panning between mid-1950s to 1980s when there was widespread consensus on essential values, saw the main function of free speech shift from lifting restraints on speakers to ensuring that listeners ..... intent of causing or which is likely to cause any member of the army, navy or air force to mutiny or otherwise disregard or fail in his duty as such; or (b) cause fear or alarm to the public or a section of the public which may induce the commission of an offence against the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-2020
..... democracy, there is a right to dissent. there is the freedom to build an opinion. publication in good faith is suggested for the press, as defined in general clauses act in section 3(22), it is a valid defence, if done honestly, whether it is done negligently or not. (xi) it was submitted that while applying the principle of ..... procedural reasonableness and imports proportionality, and he has placed reliance on state of madras & ors. v. v.g. row, (1952) scr597 chintaman rao & ors. v. state of madhya pradesh, (1950) scr759 papnasam labour union v. madura coats ltd. and ors., (1995) 1 scc501 state of andhra pradesh & ors. v. mcdowell and co. & ors., (1996) 3 scc709 union of india ..... re [ g , a senior advocate of the supreme court, in re, air1954sc557:1954. cri lj1410 , who elucidated: (air p. 558, para10) 10. to use the language of the army, an advocate of this court is expected at all times to comport himself in a manner befitting his status as an officer and a gentleman . 26. it is as far .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2020
..... even if the indian law of limitation were to apply, the limitation period for execution of a foreign decree would be determined as per article 136 of the act. section 44a of the cpc clearly provides that a decree passed in a reciprocating country should be treated as an indian decree and, therefore, the same must be enforced ..... applicable by virtue of subsection (1)(a) above whether, and the time at which, proceedings have been commenced in respect of any matter; and, accordingly, section 35 of the limitation act 1980 (new claims in pending proceedings) shall apply in relation to time limits applicable by virtue of subsection (1)(a) above as it applies in relation to ..... 6 years then obviously the execution petition should have been filed on or before 20.02.2001 and if the limitation was 12 years in terms of section 136 of the act, the execution petition would still be barred by limitation as the execution petition was filed in 2009.25. there is increasing interaction and interplay between the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-12-2020
..... vacant land in excess of ceiling limit can be filed and a conditional decree can be passed for specific performance, subject to exemption being obtained under section 20 of the act (air paras 11-13). 2829. we are in respectful agreement with the views of the full bench in the abovementioned decision and the principles decided ..... it had filed claiming declaration of title and injunction. in fact, a suit for specific performance could have been easily filed subject to the provision of section 20 of the ceiling act.28. similar questions came up for consideration before a full bench of the gujarat high court in shah jitendra nanalal v. patel lallubhai ishverbhai [air1984guj ..... valid and is invalid only as against government. 1140. we do not think that the decision therein could be applied so far as tamil nadu act is concerned. exemption under section 21 can be applied only by vendor and it is for him exemption is granted. while considering suit for specific performance, court is only concerned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2020
..... sub-section (1) of1 [section 18 or section 18a]. or clause (a) of sub-section (1) of section 19 or sub-section (2) of section 44 or section 57 or section 58]., is again convicted of offence under this act [not being an offence under section 13 or clause (a) of sub-section (1) of1 [section 18 or section 18a]. or clause (a) of sub-section (1) of section 19 or sub-section (2) of section 44 or section ..... 57 or section 58]., the court by which .....
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