Judgment Search Results Home > Cases Phrase: navy act 1957 amending act i navy amendment act 2005 Page 1 of about 1,962 results (0.083 seconds)

Lt. Cdr., M.P. Verma Vs. Union of India (Uoi)

Court : Delhi

Reported in : 156(2009)DLT41

..... to sit thereon until the number of nine or such other number not less than five as is attainable is complete.it is therefore, my humble submission that neutrality clause or impartiality clause enshrined in section 102 of the navy act 1957 has been violated by the convening authority and therefore the constitution of this court martial is hit by mandate of section 102 read with section 97 sub-section (12) and sub-section (19), thereof the ..... on 10th july, 2006 for hearing the main pleas raised by the writ petitioner pertaining to the findings and sentence of the court martial.now, since amendment application has also been allowed, we request the high court to consider the amended writ petition and also the plea raised by the petitioner pertaining to the findings and sentence of the court martial on merits and after affording opportunity to ..... disposing of his petition did not set aside the order and only made following observations;the high court of delhi by order dated 24th march, 2005 directed the central government to proceed with the disposal of the representation made by the petitioner under section 162 of the navy act. ..... learned senior counsel appearing for the petitioner, brought to our notice that an application for amendment of writ petition filed by the petitioner in the high court has already been allowed by ..... the petitioner has amended his petition and has filed the amended petition thereby also challenging the order of the central government dated 4th may, 2005 in addition to .....

Shri Sanwaliya Ji Mandir Mandal Vs. Badri Lal and anr

Court : Rajasthan Jodhpur

..... dismissed, discharged or 3 retrenched in connection with, or as a consequence of, that dispute, or 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; or (iii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercise ..... the parties have stated that similar writ petition preferred by the petitioner against the award passed by the learned labour court in the cases of other workmen has already been dismissed 2 vide judgment dated 02.09.2005 rendered in s.b.civil writ petition no.4653/2005 (shri sanwaliya j.mandir mandal versus tulu ram & anr. ..... the contention of the learned counsel for the petitioner is having no merit in view of the definition of the workman as provided under section 2 (s) (rajasthan amendment) of the act of 1947. ..... 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. .....

Brijesh Narayan Vs. Rajasthan State Co-operative Bank Ltd. and ors.

Court : Rajasthan

Reported in : RLW2006(1)Raj210

..... , discharged or retrenched in connection with, or as a consequence of, that dispute, or whose 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; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand ..... the labour court while holding as above ignored the definition of workman as provided under section 2(s) of the act of 1947 (rajasthan amendment) which reads as under:'workman' means any person including an apprentice employed in any industry by an employer or by a contractor in relation to the execution of his contract with such employer to do any manual, unskilled, skilled, technical, operational, clerical or supervisory ..... the parties are directed to remain present before the labour court on 5.9.2005 for further proceedings in the matter.11. .....

Security Printing Corporation Of India Ltd And Ors Etc. Vs. Vijay D. K ...

Court : Supreme Court of India

..... does not include any discharge or retrenchment has member of the armed forces of the led to that dispute, but does not union; 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 20 employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding ten ..... in any case, section 1(6) of the 1936 act as it stood before the amendment act 41 of 2005 which came into effect on 9.11.2005 reads as follows:- 1 ..... but this order was set aside by the high court in a writ petition filed by the union of india, on the ground that an amendment to section 70 of the bombay shops and establishments act was not considered by the tribunal. ..... to the extent necessary, we shall now trace the history as follows:- (i) till the year 2005, the ministry of finance, government of india had nine production units namely, four india government mints, two currency note presses, two security printing presses and one security paper mill under its control ..... by an order dated 27.1.2005, the high court remanded the matter (a.k ..... . no.428 of 2005 before the central administrative tribunal ..... at the outset, it should be noted that the claim of the respondents for payment of double over time allowance arose entirely during the period from 1988 to 2005 .....

Cdr. Anil Prabhakar Koshti and Others Vs. Union of India and Another

Court : Mumbai

Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198

..... officer of any of the following categories namely :i) cadet entry engineer officer,ii) direct entry graduate engineer officer andiii) era entry ex-upper yardman engineer officer who attained the substantive rank of lieutenant in the indian navy and who has thereafter performed not less than 21 months qualifying sea service of which not less than 9 months should have been on steamships and not less than 6 months on motorships and the remainder ..... not enhance the same that there was no question of filing an application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. ..... in the first place, despite our repeatedly asking the learned additional general to point out to us as to the provisions of law under which the navy order was binding on the parties, at any rate, so as to defeat the vested right, we have not been pointed out the source of legal authority. ..... he may,however, apply later for the combined steam and motor certificate of serviceafter acquiring the minimum stipulated service on steam and motor ships.even assuming that the argument based on the navy order is correct, thisonly postpones handing over of the certificate to the date on which the officercompletes the prescribed type of work experience. .....

Jamshed Kanga and Others Vs. the State of Maharashtra and ors

Court : Mumbai

..... ) while the question of permissibility of construction of stadium and other ancillary structures on the cooperage ground is to be decided irrespective of the provisions contained in the maharashtra regional and town planning act and the development control regulations, the building plans will have to be submitted to the competent authority under the development control regulations for approval for the purpose of compliance with development control regulations ..... in the year 1933, the mmc act was amended to introduce section 91a to 91c therein and under sub-section (1) of section 91a, all the estate, right, title and interest in the cooperage and other lands and properties of the improvement trust ..... the proposed reconstruction of the existing football stadium on the cooperage ground (cs no.4 part) has been granted by the ministry of environment and forest vide its letter dated 30 november 2005, a copy of which is annexed by the petitioners themselves as exhibit-k to the petition. ..... of section 91aa permitted the state government to grant a lease of plot no.3 of the larger cooperage plot to the indian navy for construction of a club house for ratings of indian navy or any other similar purpose. ..... some part of the larger cooperage was also let out to the indian navy for the sailors' home. ..... park, playgrounds and parking lot, (ii) the second part to the north of and adjoining to the bandstand is occupied by the sailor's home comprising of a club house for non officer ranks of the indian navy. .....

United States Vs. Williams

Court : US Supreme Court

..... the effect of the executive determination, if that were otherwise doubtful, is set at rest by the provisions of 310 of the amended act, which reads: "the decisions of the secretary of war, the secretary of the navy, and the director on all matters within their respective jurisdictions under the provisions of this act (except the duties vested in them by title vii) shall be final and conclusive. ..... a review of the entire act and the amendments shows, we think, that all questions relating to the right of any person to a certificate, the amount of it, etc ..... section 310 of the amended act, hereafter quoted, makes it equally clear that their decisions upon these facts are final and conclusive ..... application first must be made to the secretary of war or the secretary of the navy, as the case may be, who is authorized to transmit the same, together with a certificate setting forth, among other things, the amount of the adjusted service credit ..... 157, as amended by the act of july 3, 1926, 44 stat ..... under the terms of the original act, the certificate is to be issued by that officer upon certification from the secretary of war or the secretary of the navy. ..... 302(a), 303(a), as amended. ..... the general administration of the adjusted compensation act is committed to the director of the ..... " under the provisions of the act, and in the light of the section just quoted, we are of opinion that exclusive authority is vested in the director of the bureau to entertain and pass upon all claims for payment of these .....

Bokaro Steel Plant of Steel Authority of India Ltd. Vs. Presiding Offi ...

Court : Patna

..... dismissed, discharged or retrenched in connection with or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment had led to that dispute, but does not include any such person-i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957 orii) who is employed in the police service or as an officer or other employee of a prison, oriii) who is employed mainly in a managerial or administrative capacity oriv) who, being employed in a supervisory capacity draws wages ..... learned counsel for the workman submitted that in view of the amendment of the definition of workman by amending act 46/1982 by which its scope has been enlarged, the teacher is a ..... the said definition was amended by the amendment act 36/1986 which came into force on august 29, ..... addition of works in the definition by amending act, 1982 in no way changes the position ..... 500/-the definition was again amended by act 46 of 1982 which came into force on august 21, ..... the judgment relied upon by the petitioner was rendered before the aforesaid amendment, as such the same is not applicable in the facts of this ..... teacher, is a workman within the meaning of section 2(s) of the act as amended by amending act 46/1982. ..... as such inspite of the amendment in the definition of the workmen by the act, 1982 the teacher cannot fall within the category ..... said decision was rendered by the apex court after taking into consideration the definition of the workman as amended by amending act 36/1956. .....

The Commissioner of Customs (Preventive) Vs. Noble Asset Co. Ltd. and ...

Court : Mumbai

Reported in : 2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)

..... this article was substituted by the constitution (fortieth amendment) act, 1976 and came into effect from 27th may, 1976. ..... long coastlines in the coastal districts of thane and raigad and also carries out joint operations with navy, coast guard and police.it is submitted that a doubt has been raised about the implication of specific mention of the designated area as being within the jurisdiction of the commissioner of customs (imports) and non-specification of the ..... ) ac 808, it was held by the house of lords that the parties could not consent to give the tribunal a jurisdiction not within the words of the act.on a reading of the provisions of the act itself read with section 4 and 2(34) and section 28 as also section 124 it is only the proper officer notified for that area who could exercise the powers under the act and to that extent the commissioner (preventive) mumbai would have no jurisdiction.13. ..... the appeals were preferred against the common order in original dated 23rd march, 2005 of the commissioner of central customs (preventive) in the matter arising out of the show cause notice dated 7th august, 2003. ..... the show cause notice was confirmed by order dated 23rd november, 2005 and appeal was preferred which appeal was allowed on 5th april, 2006. ..... revenue has preferred this appeal against the common order dated 5th april, 2005 passed by cestat in the appeals and applications which were filed before it. .....

Mohinder Kumar Sood Vs. H.P. Public Service Commission and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP78

..... it would indeed be necessary for the commission to first realise that the bare acts supplied to the students did not contain the necessary amendments and only then a decision could be taken to make the announcements. ..... also, if the candidates have, on the basis of their memory, replied correctly in accordance with the amendments having taken place after 1963, the same may please also be treated as correct for the purposes of evaluation.'27. ..... we may at this stage record that the commission in its reply, as well as the superintendent in its report, have unnecessarily cast aspersions on the candidates asking for the bare acts by suggesting that they had all conspired and had pre-planned to disturb the examination to get it postponed. ..... the candidates in all the centres were, therefore, asked to answer the relevant questions either with the help of the bare acts as supplied to them or in accordance with the amended law on the basis of their memory. ..... the laxity of the commission is evident from their admission that the copy of the hindu marriage act supplied to the candidates did not have the amendments affected by the marriage laws (amendment) act, 1976. ..... defence personnel who on account of their service with the army, the navy and theair force over the years have lost opportunities for entering government service and have also lost contact with ordinary civilian life, may find it extremely difficult, on demobilisation, to compete with civilians .....