Judgment Search Results Home > Cases Phrase: civil jails act 1874 Page 19 of about 18,286 results (0.063 seconds)

Yashpaul Devgan Vs. Rajender Kumar and ors.

Court : Delhi

..... section 175 provides that where any claims tribunal has been constituted for any area, no civil court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the claims tribunal for that area ..... the preliminary issue was framed to adjudicate the maintainability of the suit in the civil court in the light of the plea in the written statement of the respondents/defendants no.2 to 4, of the claim therein being barred by section 175 of the motor vehicles act and which question the learned addl. ..... since the claim is of injury on being pushed/thrown out of the motor vehicle, the claim would be arising out of the use of the motor vehicle under within the meaning of section 165 of the motor vehicles act and the jurisdiction of the civil court would be barred.27. ..... the legislative scheme thus is that the claims of the nature specified in section 165 are to be adjudicated by the claims tribunal only and the jurisdiction of the civil court to entertain such claims has been barred. ..... district judge in the impugned judgment, of the civil court having no jurisdiction to entertain the claim of the appellant/plaintiff for compensation, though for wrong reasons, has but to be upheld ..... the civil court can grant compensation or damages for a civil wrong and not for the criminal act; ..... the order dated 5th october, 2006 records that the respondent/defendant no.3 conductor was reported to have been released from the jail on 24th february, 2005. .....

K.P. Raju Vs. Union of India, Represented by the Secretary Ministry of ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... he pleaded guilty to the charge and was awarded punishment of six months rigorous imprisonment in civil jail and dismissal from service. ..... preferred a representation, ext.p6, dated 31st january 1990 to the goc-in-c northern command and the chief of army staff (coas), and the applicant himself also filed a separate petition under section 164 of the army act, dated 23rd march 1990 (ext.p7). ..... it has to be borne in mind that the accused is a layman and is not conversant with the evidence act and other provisions of law. ..... the scheme of the army act and the rules does not entitle an accused person to obtain the services of a professional lawyer in summary court martial proceedings. ..... the papers of the said writ petition have been transferred to this tribunal in view of the provisions of section 34 of the armed forces tribunal act, 2007. ..... janardan sahai, member (j): the applicant, a sapper in the indian army, was charged for an offence under section 52(a) of the army act. .....

Ex Nk Pratap Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... , he was locked in the quarter guard and remained there till he was shifted to the civil jail at ganga nagar on 10.3.1997. 4. ..... challenging the summary court martial proceedings, whereby the petitioner was found guilty of having committed the offences under army act sections 69 and 39(a) and sentenced to be reduced to the ranks; to suffer rigorous imprisonment for one year; and to be dismissed from service, he filed w.p ..... the appellant was charged for two offences as under: first charge army act section 69 committing a civil offence that is to say, voluntarily causing grievous hurt on grave and sudden provocation, contrary to section 335 of the indian penal code, in that he, at karanpur, on 18 dec 96, voluntarily caused grievous hurt to jc-478267p naib subedar puran singh ..... appellant was quite relieved since summary trial meant that he could only be given a summary punishment under army act section 80 and the appellant being a substantive naik could at best be given a severe reprimand. ..... it was also stated by the respondents that there was no question of the appellant acting in self defence, because nb sub puran singh had given a categorical statement that the appellant had hidden the iron picket in his clothes and had removed the iron picket from his clothes when ..... for the appellant stated that the appellant was informed on 5.3.1997 that there would be a summary trial for an offence under army act sections 39(a) and 40(a) and accordingly he appended his signatures to some papers. .....

Mohd. Ilyas Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... appellant was on training with the maratha regimental centre and was detailed on sentry duty, he attempted to sodomise recruit dashrath, for which he was tried for the following two charges:- first charge army act section 46(a) disgraceful conduct of an unnatural kind in that he, at belgaum, on 09 nov 97, committed an unnatural offence on the person of no 2794905x rect sawant dashrath vakoba of a coy, the maratha lirc ..... thereafter, the appellant was placed under closed arrest and remained so till the completion of his trial by scm on 23.12.1997, after which he was sent to civil jail, belgaum. ..... had no authority to try the appellant because he was not his commanding officer and that only the co of 8 maratha could have tried him in accordance with army act section 116 and para 381 of the regulations of the army. ..... any case, other than the appellant and recruit dashrath, there is the eye witness testimony of pw 3 recruit srinivasalu, who had witnessed the act of sodomy as a totally independent witness. ..... second charge army act section 36(d) leaving his post without orders from his superior officer in that he, at belgaum, between 0100h and 0230h on 09 nov 97, when on sentry duty at shivneri gate post, quitted his post without orders ..... of this tribunal, the said writ petition was transferred and is being disposed of by this judgment treating it as an appeal under section 15 of the armed forces tribunal act, 2007. 2. ..... when the witness spoke to the appellant, he denied having committed the act. .....

Ratan Kumar Dhauria Vs. L. Union of India

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... give him adequate opportunity to adduce evidence in his defence in the scm and promulgated the sentence on 9th november 2007 where he was sentenced to suffer rigorous imprisonment for 6 months in civil jail, reduction to rank and also dismissal from service. ..... the scm proceeding was duly attended by two officers as per provision of section 116(2) of the army act and as such we do not find any statutory violation on the part of the commanding officer in presiding over the scm, as argued by the ..... single judge of the said high court, the writ petition was transferred to this tribunal as per provision of the armed forces tribunal 2007 act and same was taken into the file of this tribunal and renumbered as t. a no. ..... respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. ..... petitioner preferred an appeal under section 164 of the army act 1950 and also an application under section 182 of the act before the goc-in-c, head quarter, eastern command for suspension ..... accused/petitioner was further informed that in case he had objection in respect of such person, he was at liberty to mention the name of another person to act as a friend of the accused during the court martial proceeding. ..... clear proof that the commanding officer was not biased and allowed reasonable opportunity to the petitioner to defend himself in the scm by way of choosing a person of his own choice to act as the friend of the accused in the scm. .....

Duncan Vs. Kahanamoku

Court : US Supreme Court

..... , although martial law and suspension of the privilege of the writ of habeas corpus were to remain in effect, the governor and other civil agencies would resume their respective jurisdictions, including criminal and civil proceedings, except for criminal proceedings against members of the armed forces and civil suits against them for acts or omissions in the line of duty and criminal prosecutions for violations of military orders, except as these exceptions might be waived by the commanding ..... theater of war constantly threatened by invasion from without; that the writ of habeas corpus had therefore properly been suspended and martial law had validly been established in accordance with the provisions of the organic act; that, consequently, the district court did not have jurisdiction to issue the writ, and that the trials of petitioners by military tribunals pursuant to orders by the military governor issued because of military necessity were valid ..... the untenable basis of this proposed reversion back to unlimited military rule is revealed by the reasons advanced in support of the reasonableness of the military judgment that it was necessary, even though the civil courts were open and fully able to perform their functions, to impose military trials on all persons accused of crime in hawaii at the time when the petitioners were tried and convicted: first. ..... for this offense, he was sentenced to six months in jail. .....

Monell Vs. Department of Soc. Svcs.

Court : US Supreme Court

..... , there was ample support for blair's view that the sherman amendment, by putting municipalities to the hobson's choice of keeping the peace or paying civil damages, attempted to impose obligations on municipalities by indirection that could not be imposed directly, thereby threatening to "destroy the government of the states. ..... stated without reservation that the constitutionality of 2 of the civil rights act of 1866 controlled the constitutionality of 1 of the 1871 act, and that the former had been page 436 u. ..... is possible to piece together such an argument from the debates on the first conference report and those on 2 of the civil rights bill, which, because it allowed the federal government to prosecute crimes "in the states," had also raised questions of ..... , it may be presumed that congress intended that a corporation should enjoy the same status under the ku klux klan act as it did under the fourteenth amendment, since it had been assured that 1 "was so very simple and really ..... implicated concerns that are of marginal pertinence to the operative principle of 1 of the 1871 legislation -- now 1983 -- that "any person" acting "under color of" state law may be held liable for affirmative conduct that "subjects, or causes to be subjected, any person . . ..... to obligate municipalities to keep the peace, but on the lien created by the amendment, which ran against all money and property of a defendant municipality, including property held for public purposes, such as jails or courthouses. .....

Procunier Vs. Navarette

Court : US Supreme Court

..... removal of a prisoner as a prison law librarian and termination of a law student-inmate visitation program in which he participated states a cause of action under the civil rights act for either knowingly or negligently interfering with the prisoner's right of access to the courts?" "3. ..... (c) neither should petitioners' immunity defense be overruled under the standard authorizing liability where the defendant state official has acted with "malicious intention" to deprive the plaintiff of a constitutional right or to cause him "other injury," since the claim in question charged negligent conduct, not intentional injury. ..... could not reasonably have been expected to be aware of a constitutional right that had not yet been declared, petitioners did not act with such disregard for the established law that their conduct "cannot reasonably be characterized as being in good faith. ..... both in wood and in o'connor, the court expressly stated that the defendant would forfeit his qualified immunity if he acted with the malicious intention to cause a deprivation of constitutional rights or if he deliberately intended to cause "other injury. ..... [ footnote 7 ] the courts of appeals have generally accorded prison and jail administrators performing discretionary functions a qualified immunity from monetary liability under 1983. ..... strickland standard, which would authorize liability where the official has acted with "malicious intention" to deprive the plaintiff of a constitutional right or to cause him " .....

Chakra Bahadur Thapa Vs. the Commandant and ors.

Court : Guwahati

..... after this order was passed, the commandant wrote to the district magistrate to pass orders to keep the convicted person in civil jail custody for a period of 15 months.6. ..... that he was not empowered to take cognizance of any offence under sec, 190 (1)(a), (b) or (c), cr.pc but that he has been empowered only to enquire into or try any offence committed by a rifleman and punishable under the assam rifles act or any other law for the time being in force, thus the commandant was certainly not empowered to take cognizance of the offence. ..... now the offence under section 6(b) of the assam rifles act, 1941, is a very serious offence for which the. ..... this revision arises out of the conviction of one chakra bahadur thapa, a naik in the 6th battalion assam rifles, under section 6 (b) of the assam rifles act v of 1941 and out of the- sentence of 15 months' r. i. ..... madiah, who was temporarily acting as commandant of the battalion, went to the club at about 1 o'clock and saw two minor girls in the room of naik chakra bahadur thapa who was on duty at the club. ..... evidently this was a mistake-, for the assam rifles act, 1941 section 6(b). ..... assam rifles (amendment) act, 1958, section 6(b). ..... after receiving this explanation, the commandant-framed charge under section 6(b) of the assam rifles act,. .....

Mohd. Abdul Rasheed S/O Mohd. Abdul Razzak and Mohd. Osman S/O Mohd. H ...

Court : Mumbai

Reported in : 2009(6)MhLj545

..... there need not be any detaining in the thinking process to reach a conclusion that virtually and also-factually the charity commissioner while passing an order under section 41-d sub-section (3) of the said act, passes an order on the basis of doctrine of substance also, an order under section 41-d sub-section (1) because reading the provisions even on literally basis, this conclusion is inescapable in the sense that ..... or dismiss any trustee of a public trust, if he:(a) makes persistent default in the submission of accounts, report or return;(b) wilfully disobeys any lawful orders issued by the charity commissioner under the provisions of this act or rules made thereunder by the state government;(c) continuously neglects his duty or commits any malfeasance or misfeasance, or breach of trust in respect of the trust;(d) misappropriates or deals improperly with the properties of the ..... conditions of the order passed, then the charity commissioner may apply to the district court for attachment of property or even for detention of person concerned in civil jail for a term not exceeding six months. ..... , at interlocutory stage, pending some inquiry and when a member is suspended, the powers are derived from sub-section (1) of section 41d of the act of 1950 and hence the suspension of trustee shown under sub-sections (1) or (3) of section 41d of the act of 1950 is always pending inquiry and it does not amount to removal or dismissal which is a final action and, therefore, it is held that .....