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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. .....

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 .....

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. .....

Suman L. Shah Vs. The Custodian

Court : Supreme Court of India

..... 16 (2) every suit, claim or other legal proceeding (other than an appeal) pending before any court immediately before the commencement of the special court (trial of offences relating to transactions in securities)amendment act, 1994 (24 of 1994), being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the ..... enforcing the attendance of any person and examining him on oath; 17 (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing a case for ..... (3) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act, 1994 (24 of 1994), no court other than the special court shall have, or be entitled to exercise, any jurisdiction, power or authority in relation to any ..... (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act, 1994 (24 of 1994) the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... were treated unequally in regard to succession to the estate of their deceased father; this changed with the enactment of the hindu succession amendment act, 2005, and the substitution of section 6, daughters (who were hitherto excluded from succession to any coparcenary properties) became entitled 1 regulation xvii ..... legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas ..... prohibiting prevailing practices that further inequality and sometimes even criminalizing certain customs, resulted in legislations such as the 1 0 equal remuneration act, 1976 (which guaranteed equal pay for equal work regardless of the sex of the worker), the dowry prohibition act, 1961 as amended subsequently, introduction of provisions in criminal law which gave teeth to such provisions [sections 498a and 304b of the indian penal code ..... it was submitted that granting legal recognition to non-heterosexual marriages may dilute the disciplinary code in the army, the navy, and the air force, would create conflicts in the workplace over personal and religious beliefs, and would raise concerns about shared .....

Celir Llp Vs. Bafna Motors (mumbai) Pvt. Ltd.

Court : Supreme Court of India

..... . this position has been explained by the punjab & haryana high court in pal alloys & metal india private limited (supra), wherein it has been clarified that the amended section 13(8) of the sarfaesi act merely prohibits the secured creditor from proceeding further with the transfer of the secured asset by way of lease, assignment or sale if the dues are paid before issuance ..... however, later on 1st september, 2016, the enforcement of security interest and recovery of debt laws and miscellaneous provisions (amendment) act, 2016 ( 2016 amendment ) was enacted which inter-alia amended sub-section 8 of section 13 of the sarfaesi act, and substituted the words any time before the date fixed for sale or transfer of the original provision with at any time before the date of publication of notice for public ..... clear that under rule 8(6) of the rules of 2002, the petitioners are entitled for a thirty day notice period enabling them to clear the loan and to redeem the property as envisaged under section 13(8) of the sarfaesi act, and that if they fail to repay the amount within the stipulated period, after expiry of said period of 30 days, the secured creditor is entitled to issue publication of sale notice under rule 9(1), and page ..... d-111 respectively situated at the trans thane creek industrial area midc village shirwane, thane, belapur road, nerul, navi mumbai, thane, maharashtra in lieu of the sanctioned credit.5. ..... ernest augustus of hanover [1957 ac436: (1957) 2 wlr1: (1957) 1 all er49 .....

Jambo Plastics Pvt. Ltd., Vs. Chief Quality Assurance Establishment

Court : Karnataka

..... dated1805.2011 18.03.2015 17.11.2015 21.10.2016 section 7 provides as while the process of these guidelines detail a amendments to guidelines the central government follows: amendment of the comprehensive review of by adding a second has amended guidelines works of defence the guidelines dated proviso under para 1(b) of issued under circular after publication of the act, 1903 has been put 18.05.2011 so as to circular of even number dated 18.05.2011 read notice as ..... are therefore of the view that the order made by the state in exercise of the authority conferred by section 3(1)(b) of the 30 madhya pradesh public security act 25 of 1959 was invalid and for the acts done to the prejudice of the respondent after the declaration of emergency under article 352 no immunity from the process of the court could be claimed under article ..... regards proposed buildings in vicinity of the defence establishments under the guidelines on one hand and the works of defence act on the other are detailed as per the comparative table hereinbelow:- the works of guidelines for guidelines for guidelines for guidelines for defence act,1903 issuance of noc issuance of noc for issuance of noc for issuance of noc for for building building ..... contended that the guidelines referred to above collectively being in the nature of internal communication between the ministry of defence and the chief of army staff, chief of navy staff and the chief of air force staff cannot be interpreted to be an executive instruction. .....

Sabir Ali Khan Vs. Syed Mohd. Ahmad Ali Khan

Court : Supreme Court of India

..... places trust in the faithful integrity of another, who as a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act for or give advice to another on matters falling within the scope of the relationship, or (4) when there is a specific relationship that has traditionally been recognised as involving fiduciary duties, as with a lawyer ..... and relatives belonging to the family and their offspring, and, in their absence, the shia poor, the indigent, the miserable and syeds-for this purpose under mohammedan law, in accordance with act 6 of 1913, i have by a formal statement (sigha) in accordance with the sharia put into waqf (trust) the following property, thereby, excluding it from own estate, and having ..... property for any purpose recognized by the musalman law as religious, pious or charitable, but does not include any wakf, such as is described in s.3 of the musalman wakf validation act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his family or descendants ..... change brought about by the amending act of 2013 by the insertion of sub-section (1a) in section 51 of the act by which a sale ..... right to information act, 2005, the question arose whether an examining body holds the evaluated answer books in a fiduciary relationship within the meaning of section 8(1)(e) of the right to information act, 2005 .....

Shivshankara Vs. H.p.vedavyasa Char

Court : Supreme Court of India

..... be that as it may, we have no hesitation to hold that the high court was perfectly justified in the circumstances, to come to the conclusion, while considering the application for amendment of the written statement filed at the appellate stage, that granting the same would have, in effect, necessitated framing of fresh issues and constrained the parties to agitate their rights as if ..... transfer of possession pendente lite will also be transfer of property within the meaning of section 52 and, therefore, the import of section 52 of the tp act is that if there is any transfer of right in immovable property during the pendency of a suit such transfer will be non est in the eye of law if it will adversely affect the interest of the other party ..... nanak builders and investors private limited1, this court held the provision of section 52 pf the transfer of property act, 1882, did not indeed annul the conveyance or the transfer otherwise, but to render it subservient to the rights of ..... challenged by the plaintiff/respondent herein before this court in slp (civil) no.1279 of 2008 essentially, contending that the said suit being one filed under section 6 of the specific relief act, the appeal filed before the high court being rfa no.1966 of 2007 was incompetent. ..... even if it is taken for granted that the provisions under section 52 of the transfer of property act are not applicable as such in the case on hand it cannot be disputed that the principle contained in the provision is applicable .....