Judgment Search Results Home > Cases Phrase: indian reserve forces act 1888 section 3 locality of service of reserves Page 1 of about 323 results (0.151 seconds)

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

..... in this connection, we may also refer to the provisions of section 5 of the indian reserve forces act, 1888, which reads as follows:-'liability of reserve forces to military law- subject to such rules and orders as may be made under section 4, a person belonging to the indian reserve forces shall as an officer or a soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to the regular army'.11. ..... the aforesaid provisions would make it crystal clear that persons belonging to the reserve forces are subject to the provisions of the army act and those who fall in the categories of (a) to (g) to sub-section 2, continue to remain, subject to the provisions of the army act until they are duly retired, discharged, released, removed , dismissed or cashiered from service.10. ..... learned counsel appearing for the petitioner submitted that the impugned order, which is purported to have been passed under the provisions of section 20(3) of the army act, is without jurisdiction and non est in the eye of law as there is no provision in the army act to effect the reserve of a soldier and that such a provision is only contained in the defense service regulations and, thereforee, the provisions of section 20(3) of the army act is applicable only to the serving soldier and not to the reservist. .....

Union of India and Another Vs. CaptaIn S.S. Gurayya

Court : Delhi

Reported in : 2001IVAD(Delhi)619; 92(2001)DLT638; 2001(59)DRJ385

..... to rule 3c of the rules (1925)framed under the indian reserve forces act, 1888, a reservist is subject to military law only when called ..... learned counsel appearing for the respondent submitted that the period during which the respondent remained in the regular reserve of officers service is required to be counted for the purpose of his seniority in the ncc. 4. ..... learned single judge was not right in directing the appellant to count the period of service of the respondent in the regular reserve of officers service for purposes of his seniority in the ncc. 7. ..... when the respondent in reality has not discharged any service as an officer in the regular reserve of officers, he cannot ask the appellant to give him the benefit of proviso to rule ..... the customs and excise department, he was appointed as a 2nd lieutenant in the regular reserve of officers class 'a' service in the artillery regiment with effect from july 22, 1960. ..... from the reading of the rule, it is clear that the 'service rendered' as a commissioned officer in the armed forces, territorial army and jammu & kashmir cadet corps or national cadet corps (senior division) is to be counted towards seniority and promotion of an officer serving in ..... 1978, the decision contained in letter dated june 1, 1978 was revoked and it was intimated to the respondent that as the period during which he remained in the regular reserve of officers service was unpaid, the said period could not be regarded for the purposes of seniority and promotion. .....

Seymour Vs. Superintendent

Court : US Supreme Court

..... quite the contrary, it seems to us that the strongest argument against the exclusion of patented lands from an indian reservation applies with equal force to patents issued to non-indians and indians alike. ..... [ footnote 11 ] moreover, the 1906 act, unlike the 1892 act, provides that the proceeds from the disposition of lands affected by its provisions shall be "deposited in the treasury of the united states to the credit of the colville and confederated tribes of indians belonging and having tribal rights on the colville indian reservation, in the state of washington. . . . ..... we therefore conclude that the washington courts erred in holding that the 1906 act dissolved the colville indian reservation, because it seems clear that this reservation is still in existence. ..... consequently, it seems clear that the purpose of the 1906 act was neither to destroy the existence of the diminished colville indian reservation nor to lessen federal responsibility for and jurisdiction over the indians having tribal rights on that reservation. ..... " [ footnote 7 ] this act did not, however, purport to affect the status of the remaining part of the reservation, since known as the "south half" or the "diminished colville indian reservation," but instead expressly reaffirmed that this south half was "still reserved by the government for their [the colville indians'] use and occupancy. .....

P. Dhanusmurthy Vs. the Defence Secretary, New Delhi and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... (b) extension of service in the reserve on completion of the initial period of service in the regular air force reserve, an airman may be required by the competent authority to serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit, vide section 7 of the reserve and auxiliary air force act, 1952. ..... point no.1: on a careful perusal of the original application and the reply statement, we came to understand that the applicant was enrolled in the indian air force on 19.10.1963 as combatant for a period of 09 years in regular service and for a period of 06 years in reserve service. ..... the case of the applicant as stated in the application would be as follows :- the applicant was enrolled in the indian air force as combatant on 19.10.1963, on the engagement terms of 09 years regular service and 06 years reserve service. ..... the learned counsel for the applicant would submit in his argument that the applicant was enrolled in the indian air force as combatant on 19.10.1963 and was discharged from service on 9.3.1973, after completing 09 years and 141 days of regular service and the terms of engagement of the applicant was for 15 years to get service pension i.e. ..... he had rendered 09 years and 141 days of regular active service in the indian air force, and his general behavior and character was assessed as very good . .....

California Vs. Cabazon Band of Indians

Court : US Supreme Court

..... 280 does make local criminal/prohibitory laws applicable on indian reservations, the ordinances in question here do not apply ..... authorizes the application of any local laws to indian reservations. ..... the judgment of the district court declared that the state statute and county ordinance were of no force and effect within the two reservations, that the state and the county were without jurisdiction to enforce them, and that they were therefore enjoined from doing so ..... 155 , we held that the state could tax cigarettes sold by tribal smokeshops to non-indians, even though it would eliminate their competitive advantage and substantially reduce revenues used to provide tribal services, because the tribes had no right "to market an exemption from state taxation to persons who would normally do their business elsewhere ..... [ footnote 11 ] california and riverside county also argue that the organized crime control act (occa) authorizes the application of their gambling laws to the tribal bingo enterprises. ..... " "(b) as used in this section -- " "(1) 'illegal gambling business' means a gambling business which -- " "(i) is a violation of the law of a state or political subdivision in which it is conducted;" "(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; ..... " [ footnote 7 ] section 4(a), codified at 28 ..... [ footnote 6 ] section 2(a), codified at 18 ..... [ footnote 6 ] section 4's grant of civil jurisdiction was more ..... section 2 of pub .....

State of West Bengal and anr. Vs. Tarun Kumar Sen Gupta and anr.

Court : Kolkata

Reported in : AIR1974Cal39

..... in that view of the matter, section 7 as well as section 16 of the central reserve police force act, 1949, appears to me to be incidentally trenching on a state subject, namely, 'the police' in the state list and as such is permissible.31. ..... attorney-general for the dominion, 1896 ac 348, which was again concerned with canada temperance act of 1886, and where it was observed by lord watson at page 361 of the report:-- 'their lordships do not doubt that some matters, in their origin, local and provincial, might attain such dimensions as to affect the body politic of the dominion, and to justify the canadian parliament in passing laws for their regulation or abolition in the interest of the dominion. ..... america act, 1867, may in another aspect and for another purpose fall within section 91 and specially relied on the observation of sir barnes peacock at page 131 of the report where his lordship said:'as such they cannot be said to interfere with the general regulation of trade and commerce which belongs to the dominion parliament, and do not conflict with the provisions of the canada temperance act, which does not appear to have as yet been locally ..... finally it was submitted on behalf of the appellants that the fact that police was a state subject did not prevent the government of india from maintaining or recruiting the cadre of officers under the indian police service.23. .....

Abdul Munaf Vs. Union of India, Ministry of Defence, Rep By: the Defen ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... (b) extension of service in the reserve on completion of the initial period of service in the regular air force reserve, an airman may be required by the competent authority to serve in the regular air force reserve for such further period or periods not exceeding in the aggregate 5 years as it may think fit, vide section 7 of the reserve and auxiliary air force act, 1952. ..... points 1 and 2: on a careful perusal of the application and the reply statement, we came to understand that the applicant was enrolled in the indian air force on 15.3.1962 as combatant for a period of 09 years in regular service and for a period of 06 years in reserve service. ..... the facts of the case which are necessary for the purpose of consideration would be as follows :- the applicant was enrolled in the indian air force as combatant on 15.3.1962 on an engagement for the term of 09 years regular service and 06 years reserve service. ..... the terms and conditions of service of personnel enrolled in indian air force as airman are governed by air force instructions (india) no.12/special/48 (afi (i)12/s/48) issued by government of india on 24.7.1948, as amended from time to time. ..... the learned counsel for the applicant would submit in his argument that the applicant was enrolled in the indian air force as combatant on 15.3.1962 and was discharged from service on 12.3.1973, after completing 10 years and 363 days of regular service and the terms of engagement of the applicant was for 15 years i.e. .....

Rice Vs. Rehner

Court : US Supreme Court

..... section 1161, in other words, as the court has said in the past, "permit[s] application of state liquor law standards within an indian reservation ..... this court will not apply the canon of construction that state laws generally are not applicable to indians on a reservation except where congress has expressly provided that state laws shall apply when application would be tantamount to a ..... indicates both that congress intended to remove federal prohibition on the sale and use of alcohol imposed on indians in 1832 and that congress intended that state laws would apply of their own force to govern tribal liquor transactions as long as the tribe itself approved these transactions by enacting an ordinance. ..... full: "the provisions of sections 1154, 1156, 3113, 3488, and 3618, of this title, shall not apply within any area that is not indian country, nor to any act or transaction within any area of indian country provided such act or transaction is in conformity both with the laws of the state in which such act or transaction occurs and with an ordinance duly adopted by the tribe having jurisdiction over such area of indian country, certified by the secretary ..... 741 1161 operates as "local option legislation allowing indian tribes, with the approval of the secretary of the interior, to regulate the introduction of liquor into indian country, so long as ..... laws of some of the states of the union and foreign countries 9, 36, 43 (1888) (describing similar laws in colorado, missouri, and nevada). .....

Tarun Kumar Sengupta Vs. Union of India (Uoi) and anr.

Court : Kolkata

Reported in : AIR1973Cal56

..... reserve police force act, 1949 was enacted by the constituent assembly by virtue of section 8 (1) of the indian independence act ..... reserve police force act, 1949 has 19 sections -- most of the sections deal with the set up and discipline of the force and only two sections namely section 7 and section 16 deal with the duties of the members of the force ..... section 3 of the central reserve police force act, 1949 states that there shall continue to be an armed force maintained by the central government which shall be called the central reserve police force ..... the impugned legislation so far as the conferment of powers on the members of the central reserve force by section 7 and section 16 of the act were concerned, would be covered by the expression 'criminal procedure' in entry ii of list iii of the 7th schedule of the government of india act, 1935. ..... are involved in this application under article 226 of the constitution namely,--(i) whether the central reserve police force act 1949 is valid law and (ii) whether the petitioner has any locus standi to maintain ..... that the fact that 'police' was a provincial subject did prevent continuance of an all india police service, that is so but that is because of section 244 of the government of india act, 1935 and article 312 of the constitution of india. ..... advocate-general that the fact that the 'police' was a state subject did not prevent the government of india from maintaining or recruiting the cadre of the officers under the indian police service. .....

United States Vs. Arizona

Court : US Supreme Court

..... 183 and to reclaim, utilize, and dispose of land in the reservation which might be made irrigable by works constructed under the reclamation act, and that the boulder canyon project act appropriated moneys for surveys of the parker-gila reclamation project which, it is said, embraces the indian reservation and certain public lands of the united states. ..... and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the yuma and colorado river indian reservations in california and arizona, the secretary of the interior is hereby authorized to divert the waters of the colorado river and to reclaim, utilize, and dispose of any lands in said reservations which may be irrigable by such works in like manner as though the same were a part of the public domain. ..... and plainly without force is the suggestion that, by making appropriations for irrigation of lands in indian reservations, congress authorized this dam. 3. ..... there has been no express repeal of that section, and, as will presently appear, it is not inconsistent with subsequent legislation on which plaintiff relies. 2. ..... [ footnote 12 ] since september 22, 1922, the acts authorizing preliminary examinations and surveys employ the following language: "the secretary of war is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following-named localities. . . . ..... , reclamation service report 13, p. .....