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Union of India (Uoi) and ors. Vs. Brahma Dutt Tripathi

Court : Supreme Court of India

Reported in : AIR2006SC3244; [2006(111)FLR420]; JT2006(12)SC85; 2006(9)SCALE395; (2006)10SCC220; 2007(3)SLJ341(SC); 2006(2)LC1225(SC)

..... in support of these appeals the additional solicitor general has not placed any reliance on the army act and his contention has been that the provisions of the national cadet corps act, 1948, the rules framed thereunder and the letter dated 23.05.80 in pursuance of which the respondents were granted permanent commission, settled the question ..... the short question which arises for our consideration is, as to whether the appointment of the respondent to the ncc commission was in accordance with the ncc act and rules or under a composite scheme formulated by the government of india in exercise of its powers under proviso (iii) to rule 16 of the rules?to answer the aforesaid question, it is essential to make a quick survey of a few sections of the act namely the national cadets corps act, 1948 (act 31 of 1948) (in short `the act') and the rules framed thereunder. ..... accordingly the rules described as national cadet corps rules, 1948 were framed. ..... it says corps mans the national cadet corps constituted under this act. ..... national cadet corps rules 1963 (in short 'the rules) were framed by the central government in exercise of powers conferred by section 13 of the ncc of the act. ..... he applied for commission in national cadet corps (ncc). ..... section 3 deals with the constitution of the national cadet corps. ..... 9, thus read with the scheme of the act, would mean that the word 'otherwise' employed in section 9 of the act is relatable to any members of the corps other than staff of any university or school. .....

Chandrakant Shamsunderlal Sharma Vs. Secretary, Vidarbha Board of Seco ...

Court : Mumbai

Reported in : AIR1958Bom433; (1958)60BOMLR446; ILR1958Bom609

..... the rules regarding the formation of national cadet corps units are contained in the national cadet corps rules made by the central government under the national cadet corps act, 1948. ..... it is very desirable and proper for the board to encourage such activity and to make it, if need be, compulsory, but if the scheme contemplated by the national cadet corps act is to he aided and, its object furthered by suitable regulations of the board of secondary education, it seems to me that the board ought to have seen to it that every student was put on a footing of equality and was given an equal opportunity to ..... even in the same school the number of candidates who can take up the a certificate examination is necessarily limited by the strength of the corps prescribed under the national cadet corps act, and it was not disputed that the sanctioned strength of the cadet corps in each school is less than the total number of students in the school. ..... the partial implementation of the scheme adumbrated by the national cadet corps act by the board of secondary education has resulted in several anomalies of which one has been already pointed out above. ..... quite apart from this, the rules under the national cadet corps act prescribe an age limit for the school student joining the junior division of the national cadet corp? ..... the latter is governed by the rules made under the national cadet corps act. .....

Brahm Dutt Sharma Vs. Commanding Officer, Ist U.P. Bt., N.C.C. and Oth ...

Court : Allahabad

Reported in : 1999(3)AWC2452

..... then again, rule 22 of the national cadet corps rules, 1948,framed under section 13 of the national cadet corps act, 1948, provides that a person commissioned in the national cadet corps shall hold that commission as an officer for a total period not exceeding 15 years or until he reaches 45 years of age, whichever is earlier, when he shall be discharged from the corps. ..... section 13 of the act empowers the central government to make rules. ..... clause (i) of sub-section (2) deals with removal or discharge of person subject to the act. .....

Union of India and Others Vs. Lt. Col. Komal Charan and Others

Court : Supreme Court of India

Reported in : AIR1992SC1479; [1992(65)FLR397]; JT1992(4)SC136; 1992LabIC1549; 1992(1)SCALE1308; 1992Supp(3)SCC186; 1992(2)LC147(SC)

..... additional solicitor general has not placed any reliance on the army act and his contention has been that the provisions of the national cadet corps act, 1948, the rules framed thereunder and the letter dated 23.05.80 in pursuance of which the respondents were granted permanent commission, settled the question ..... the question which fall for decision in these cases are as to whether the officers appointed on whole-time basis in the national cadet corps are governed by the fundamental rules applicable to the civil servants serving the union of india and accordingly entitled to continue in service until the age of fifty-eight years or they retire under the terms ..... the rules described as national cadet corps rules, 1948 were framed. ..... was placed on behalf of the appellants before the tribunal on the explanatory notes, sub-head b - national cadet corps, in the defence services estimates for the year 1989-90. ..... the expiry of their tenure they applied for appointment under the scheme of re-employment of ex-service officers in the national cadet corps and they were granted n.c.c. ..... 13 of the act authorises the central government to make rules to carry out the objects of the act and without prejudice to the generality of this power to lay down the manner in which and the conditions subject to which a person or class of persons may be enrolled under the act. ..... , and we do not consider it either necessary or relevant to examine the question whether the army act applies to the respondents or not. .....

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

..... or the reserve and auxiliary air forces act, 1952 (62 of 1952);(d) the office of a member of a home guard constituted under any ..... the national commission for minorities constituted under section 3 of the national commission for minorities act, 1992 (19 of 1992);(ii) the national commission for the scheduled castes and scheduled tribes constituted under clause (i) of article 338 of the constitution;(iii) the national commission for women constituted under section 3 of the national commission for women act, 1990 (20) of 1990;(c) the office of member of any force raised or maintained under the national cadet corps act, 1948 (56 of 1948), ..... nomination is not rejected and a person holding a disqualifying office of profit, is elected as a mp, an election petition can be filed under section 100(1)(a) of rp act which provides that if the high court is of opinion that on the date of his election, a returned candidate was disqualified from being chosen to fill the seat ..... 2 of the amendment act inserted the following clauses as (ad) after clause (ac) of section 3 of the principal act:(ad) the office of the chairperson of the national advisory council constituted by .....

Major I.N. Maligi Vs. Director General, N.C.C. and ors.

Court : Gujarat

Reported in : (1980)2GLR79

..... it appears that he was selected for the grant of commission in ncc by the government of india under section 9 of the national cadet corps act, 1948 (hereinafter called 'the ncc act' for the sake of brevity) read with rule 21(5) of the national cadet corps rules, 1948 (hereinafter called 'the ncc rules' for the sake of brevity) it is common ground that he was appointed on whole basis. ..... by this petition, under article 226 of the constitution of india, the petitioner, who was re-employed in the national cadet corps (hereinafter called 'the ncc' for sake of brevity) on whole times basis as administrative officer after his release from emergency commission service in the army, has challenged the order of termination of august 29, 1975 issued by the deputy director of the national cadet corps as well as the order of march 8, 1977 issued by the under secretary to the government of india in the ministry ..... other reason which, in the opinion of the competent authority is sufficient to warrant discharge;(h) that he has either failed to attend or qualify in a refresher-cum-promotion training course despite being afforded with two opportunities by director general national cadet corps.rule 29 prescribes who is the competent authority to authorise the discharge rule 29 (1) prescribes the competent authority for effecting discharge of an officer. ..... section 3 of the ncc act provides for the constitution of the national cadet corps. .....

Shankaragouda Vs. Sirur Veerabhadrappa

Court : Karnataka

Reported in : AIR1963Mys81; ILR1960KAR766

..... the mysore legislative assembly or the mysore legislative council: --(a) the office of a deputy minister, a parliamentary secretary, a chief whip or a deputy chief whip;(b) the offices held in the national cadet corps raised and maintained under the national cadet corps act, 1948 (central act xxxi of 1948), in the territorial army raised and maintained under the territorial army act, 1948 (central act lvi of 1948) and in the auxiliary air force and the air defence reserve under the reserve and auxiliary air forces ..... act, 1952 (central act lxii of 1952):(c) the, office of the secretaries of the district development boards constituted by the state government (by whatever name called);provided that the holders ..... pertaining to the alleged use of mahatma gandhi's photo or statuette or bust, will be relevant for the purpose of sub-section (3) of section 123 of the act, only if it is shown that they are national symbols. ..... respect, i find myself in agreement with the reasonings given by the allahabad high court in : air1959all427 and in my view, the portrait or the bust of mahatma gandhi cannot be considered to be a national symbol, for the purposes of sub-section (3) of section 123 of the act. .....

Meena Oberoi vs.cambridge Foundation School and Ors

Court : Delhi

..... brahma dutt tripathi5, the supreme court was concerned with the expression or otherwise as it occurred in section 9 of the national cadet corps act 1948, which reads thus: 7. ..... prahlad1, the learned single judge of this court, while noting the reliance, by the workmen, on the aforesaid two provisions, did not return any findings regarding the applicability of section 8(2) of the dse act, but held that the id act, applied to removal of workmen by schools and that, as the workmen wp (c) 1363/2013 page 17 of 36 had been paid retrenchment compensation, and were removed as their posts had become surplus, no illegality had been committed.42. ..... , raj kumar approached the supreme court, which reversed the judgment of this court, holding the decision, to remove raj kumar from service to be vitiated for non-compliance with the mandate of section 25f of the id act, as well as of section 8(2) of the dse act, holding, with respect to the latter provision, that the requirement of obtaining prior approval, of the doe, before terminating the services of raj kumar, was non- negotiable.45. ..... though, undoubtedly, the case before the supreme court, in marwari balika vidyalaya18 did not arise under the dse act, the supreme court, nevertheless, placed considerable reliance on its earlier decision in raj kumar13, whereafter, in para 22 of its judgment, the supreme court concluded thus: 22. .....

Md. Aslam and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(1)CHN414

..... 8, southern avenue, measuring about 7 cottah 17 sq.ft together with the building and structure thereon, was requisitioned in november, 1985 and acquired by publication of notice on may 5, 1987 under section 4(ia) of west bengal act 2 of 1948 for setting up an office of the national cadet corps.12. ..... the referring claimants asserted in their application under section 18 of act 1 of 1894 before the learned land acquisition judge that they were entitled to a rate of rs. .....

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

Court : Delhi

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

..... the learned counsel appearing of the appellant submitted that rule26(3) of the national cadet corps rules, 1948 (for short the 'rules') on which the learned single judge relied for allowing the writ petition, does not help the respondent on the other hand, the learned single judge relied for allowing ..... 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 the senior division of the ncc. ..... provided that period of service rendered by an officer of the senior rendered by an officer of the senior division as commissioned officer in the armed forces, territorial army and jammu & kashmir cadet corps or national cadet corps (senior division) shall count towards his seniority and promotion. xx xx xx'5. ..... on june 3, 1968 the respondent was appointed as an administrative officer in the national cadet corps (for short'ncc'). ..... according 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 out the annual trade test. .....