Court : Rajasthan Jodhpur
..... in the order of discharge of the appellant by the competent authority does not take away the jurisdiction of the authority under section 22 of the army act. therefore, the order of discharge of the appellant from the army service cannot be vitiated on this sole ground as contended by the learned counsel for the appellant. . in n. mani v. sangeetha theatres ..... in the order of discharge whereas, in fact, the order of discharge has to be read having been passed 8 under section 22 of the army act. it is well settled that if an authority has a power under the law merely because while exercising that power the source of power is not specifically ..... a certain disqualification provided for in any other statute, it may exercise the power because otherwise the damage done cannot be undone; the disqualification incurred by section 267 of the companies act and given effect to cannot be undone at a subsequent date if the conviction is set aside by the appellate court. but while granting a stay of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... bhansali mr.n.r.choudhary for the appellant. judgment by the court (per hon'ble mr.amitava roy, cj) on application no.56/2013 under section 5 of the limitation act for condonation of delay the appeal is belated one and for condonation of delay, an application has been filed. the application discloses that the certified copy ..... to bstc and was also not recognized by the state government. further, on the last date of receipt of applications, he had not been discharged from the army and therefore, was not qualified for the benefits available to ex-servicemen in the process. the learned single judge upon marshalling the pleaded facts and the documents annexed ..... in the present appeal is that after passing his higher secondary examination in the year 1991 from the board of secondary education, rajasthan, ajmer, he joined the indian army in march, 1992 and thereafter, on successful completion of his training in teaching, he was awarded the certificate of teaching equivalent to jbt (as claimed by him .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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; ..... such, the respondent petitioner was a workman on the establishment of the appellant respondent. accordingly, we do not find any reason to exclude application of section 47 of the act of 1995 in the instant matter. the discontinuation of the respondent petitioner from service and further denial to employ him on a suitable post as such ..... jvvnl though he would have been supplied as a contractual workman through a contractor. in appeal, the argument advanced on behalf of appellant jvvnl is that section 47 of the act of 1995 prescribes that no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service. the 5 respondent .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ram vs. union of india & ors. (oa no.471/2010, decided on 19.10.2010) comprehensively dealing with the provisions of sections 14, 15 of the aft act, 2007, and section 164 of the army act, 1950, and the larger bench of the said tribunal has held that the powers of tribunal are wide enough to cover the cases against the orders ..... covered by the provisions of army act, 1950, however, the learned counsel for the petitioner, mr. s.k. nanda, submitted that since the issue involved in the present case does not fall within the definition of 'service matters' as defined under section 3 (o) of the armed forces tribunal act, 2007 (for short, hereinafter referred to as 'act of 2007') as it ..... passed under section 164 also by way of departmental s.b. civil writ petition no.4658/2000 l/d clerk vinod kumar .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the petitioners-appellants have been dismissed. d.b. civil special appeal (w) no.672/2013 is time barred by 37 days and an application under section 5 of the limitation act, 1963 has been filed. having considered the submissions made in the said application, supported by affidavit, we are satisfied that the appellant was prevented ..... was also found to have indulged in committing various irregularities while operating the store on inspections done by the drug controller under the drugs and cosmetics act, 1940 ('the act'). in view of the above circumstances, the drug stores were seized by the secretary of the society and a committee was constituted for detailed enquiry ..... the hon'ble supreme court or the high court under article 32 and 226 respectively. but then, the state and its instrumentalities are under an obligation to act in just, fair and reasonable manner even in contractual matters and therefore, in exceptional cases where the action impugned is apparently found to be suffering from .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the petitioners-appellants have been dismissed. d.b. civil special appeal (w) no.672/2013 is time barred by 37 days and an application under section 5 of the limitation act, 1963 has been filed. having considered the submissions made in the said application, supported by affidavit, we are satisfied that the appellant was prevented ..... was also found to have indulged in committing various irregularities while operating the store on inspections done by the drug controller under the drugs and cosmetics act, 1940 ('the act'). in view of the above circumstances, the drug stores were seized by the secretary of the society and a committee was constituted for detailed enquiry ..... the hon'ble supreme court or the high court under article 32 and 226 respectively. but then, the state and its instrumentalities are under an obligation to act in just, fair and reasonable manner even in contractual matters and therefore, in exceptional cases where the action impugned is apparently found to be suffering from .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... whose dismissal, discharge or retrenchment has led to that dispute, but does not include any 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; ..... therein that the retrenchment of the workman effected by the employer was in violation of the mandatory condition precedent for a valid retrenchment as prescribed under section 25 f of the industrial disputes act, 1947. accordingly, the labour court ordered for reinstatement of the workman with continuity in service with 50% of the total back wages. learned ..... of the powers vested in him, functions mainly of a managerial nature. . in view of the rajasthan amendment and the definition of workman provided under section 2(s) of the act of 1947, even if a person employed by an employer through a contractor in relation to the execution of his contract, is workman. in light of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... . smt. sunder bai // 8 // order under chapter ix ibid, no appeal is maintainable against such an order by virtue of sub-section (2) of section 19. however, per sub-section (4) of section 19 of the act of 1984, the high court may, on its own motion or otherwise, call for and examine the record of any such proceedings in which ..... proceedings of civil nature merely because the family court is deemed to be a civil court for the purpose of sub- section (1) of section 10 of the act of 1984. the said provision of sub-section (1) of section 10 specifically relates to the proceedings other than those under chapter ix of the code of criminal procedure. therefore, the family ..... under chapter ix ibid. in our view, the answers to these questions are reasonably available in the provisions dealing with the procedure, particularly sub- section (2) of section 10 of the act of 1984 wherefrom it is clear and is beyond a pale of doubt that the provisions of the code of criminal procedure, 1973 or the rules .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... definition of the term so unambiguous would be superfluous."the expression 'government of india' was substituted for the expression 'queen' by the adaptation of laws order of 1950. section 121 now -18- reads- "whoever wages war against the government of india or attempts to wage such war, or abets the waging of such war, ..... war. 26.there is a difference, says foster: (3 crown cases, pp.208, 209 and210) "between those insurrections which have carried the appearance of an army formed under leaders, and provided with military weapons, and with drums, colours, etc., and those other disorderly tumultuous assemblies which have been drawn together and conducted to ..... capture parliament house with the aid of sophisticated arms and powerful explosives. the business of parliament too was in currency when the attack was made. the act was to subvert functions of the government and de-stabilise indian society. the undoubted objective and determination of the assailants was to impinge sovereignty of indian .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... according to petitioner, the government of rajasthan, in exercise of the power conferred by sub-section (1) of section 101 of the rajasthan land revenue act, 1956 read with sections 261 and 90 thereof and section 28 read with section 7 of the rajasthan colonisation act, 1954, made the rules of 1966 with an object to recognise and reward the members ..... "defence service" is concerned, according to interpretation placed by the respondents thereto, based on preamble of the rules, it only means the members of the indian army. but, rigor of that rule has been somewhat relaxed by its amendment because even the members of the police service have been included within the purview of the ..... to the members of the border security force or the central reserve police force, whereas the rules do not expressly restrict such benefit to only members of indian army. though, the rules of 1966, as seen from its statement of objects and reasons, intended to cover the members of all defence services. 12. this very .....
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