Judgment Search Results Home > Cases Phrase: navy act 1957 section 17 provisions as to discharge Court: guwahati Page 1 of about 15 results (0.084 seconds)

Management of Hindustan Paper Corporation Ltd. Vs. Presiding Officer, ...

Court : Guwahati

..... 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 ..... the provisions of section 2(s) of the act which defines the expression of 'workman' may now be noticed.2(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that ..... hazarika, learned counsel for the petitioner, has contended that in any event merely on the basis of a finding of contravention of the provisions of section 33 of the act the learned tribunal below could not have ordered the reinstatement of the respondent with consequential benefits. .....

Centre of Medical and Sales Representatives' Union (North East Region) ...

Court : Guwahati

Reported in : (2009)IIILLJ513Gau

..... or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been 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: (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 ..... the labour court ought to have considered the provisions of section 2(s) of the act of 1947 as well as sections 2(d) and 6(2) of spe act as the earlier act did not include the medical representative as workman within the purview of act of 1947, but due to the latter provisions, the medical representatives very much come within the meaning of 'workmen. ..... roy barman on the question of cause of action, referring to the provisions of section 20 of the code of civil procedure contended that the cause of action of the present dispute arose in both the city of bombay where the principal office of the respondent company is situated and in the state of tripura where the subordinate office of the respondent company is situated and the workman had been discharging his duties and had received the order of transfer as well as the order .....

Union of India and ors. Vs. Naresh Chandra Nath

Court : Guwahati

..... article 226 of the constitution over the findings of the authority in court martial proceeding the defence personnel serving in army, navy or air force when commit any offence are dealt with by the special provisions contained in the army act or the navy act or the air force act and not by the normal procedure code, the said navy act is a complete code by itself and prescribes the procedure to be followed in case it decided that an officer should be ..... the respondent presented a post-confirmation petition under section 164(1) of the army act to the chief of army staff, who confirmed the findings of the gcm but commuted the sentence of chasiering andthree months; rigorous imprisonment to dismissal from service by his order dtd 27.11.1986, ..... ' two ingredients of 'intent to defraud' are explained in note under section 52 of the army act as (1) deceit or an intention to deceive or in some cases mere secrecy; and (2) either actual injury or possible injury by means of that deceit ..... respondent's petition under section 164(2) of the army act to the central ..... the date of retirement of the respondent, section 123(1) of the army act, 1950 was invoked. ..... falls for consideration is whether the respondent did so 'with intent to defraud' within the meaning of clause (f) of section 52 of the army act. ..... pw.8 shri nk sendwar, section officer in the office of the area accounts office, deposed that on 9.5.1985 the respondent called him to his residence and in his presence asked pw.5 jagdish ram to .....

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... submitted that the gsfc is also a court while it is discharging its judicial function vested on it, particularly in the instant case the said authority exercised the judicial function vested on it for trial of a civil offence like rape and it will be evident from the provisions of section 88 of the bsf act that the legislature empowered the security force court to take judicial notice of any matter within the general knowledge of the members of the force and, hence, the contention ..... criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969 are reproduced below:475 (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air force ..... . hussain (supra), held that the defence personnel serving in the army, navy or air force when commit any offence are dealt with by special provision contained in the army act or the navy act or the air force act and not by normal procedure code .....

Naba Deuri and ors. Vs. State of Assam

Court : Guwahati

..... present case, the accused persons were tried for the offence under section 149/34 ipc and in such cases direct evidence of common object is seldom available and as such the prosecution is required to establish that the act of the accused persons though different, were actuated by some common ..... the expression 'in prosecution of common object' as appearing in section 149 have to be strictly construed as equivalent to 'in order to attain the common object' it must be immediately connected with the common object by virtue of the nature of the object.the 'common object' of an assembly is to be ascertained from the acts and language of the members composing it and from a consideration of all ..... 832/94 convicting the accused appellants under section 148/304/149 ipc and sentencing all the accused appellants to rigorous imprisonment for six months each under section 148 ipc and to undergo rigorous imprisonment for 10 years each under section 304 (part-i) read with section 149 ipc and to pay a fine ..... so far the accused appellant naba deuri is concerned, his conviction under section 304 (part i) ipc is affirmed and his sentence is modified to imprisonment for eight years and to pay a ..... the learned trial court has extended the benefit that the act does not amount to murder and constitutes the offence of culpable homicide not amounting ..... that the accused appellant naba deori led police to recover the dao and the weapon of assault was recovered as required under section 27 of the evidence act.9. .....

Commissioner of Income-tax Vs. A.B.C. India Ltd.

Court : Guwahati

..... view, the assessee cannot be said to own the property, but it is necessary now to look to the provisions of section 32 of the act, whether in such a case to get the benefit of section 32 of the act, the assessee must own the property. ..... the assessee liked and to receive and enjoy the entire usufructs thereof, with the only reservation that a formal deed of conveyance with registration in conformity with the indian registration act would follow at the request of the assessee and once that request was made, it was incumbent upon the transferor to execute such a deed of conveyance and to get it registered. ..... section 49 of the registration act envisages that no document required by section 17 or by any provision of the transfer of property act to be registered shall affect any immovable property comprised therein or confer any power to adopt or be received as evidence of any transaction affecting such property or ..... , the apex court observed that this was concerned with the expression 'owner' in section 22 of the act but the apex court granted special leave to appeal against this judgment. ..... in view of the provisions contained in section 32 of the act. ..... of buildings, machinery, plant or furniture owned by the assessee and used for the purposes of the business or profession, the following deductions shall, subject to the provisions of section 34, be allowed--. . . ..... had the occasion to consider a similar aspect of the matter in connection with a wealth-tax case under the wealth-tax act, 1957. .....

Assam Financial Corporation Vs. Dutta Barua and Company and anr.

Court : Guwahati

..... their lordships have observed that the financial corporation being independent autonomous statutory bodies, having its own constitution and rules to abide by and functions and obligations to discharge the financial corporations are free to act according to its own right. ..... not only this, the respondents were apprised of the proposed auction under section 29 of the sfc act in advance and also finally the offer of dr. ..... , a long period was over and the final process under section 29 of the act was resorted to vide notice dated 23-6-1999. ..... according to the writ petitioners, before resorting to section 29 of the sfc act the afc should have made an endeavour to put the industrial unit of the respondents viable ..... the courts can interfere in the process only if there is violation of the statutory provisions or established canons of the principles of fairness. ..... 52 lakhs, the appellant resorted to section 29 of the said state financial corporation act, 1951 ('sfc act' in short) to realize the loan amount by issuing a notice on 28-6-1999 ..... , after due publicity, wherever possible and if any reason is indicated or cause shown for the default, the same has to be considered in its proper perspective and a conscious decision has to be taken as to whether action under section 29 of the act is called for. ..... to this action the afc had issued a demand notice to the respondents on 5-11-96 reminding them that if the loan is not redeemed within 15 days recourse to section 29 of the sfc act would be taken. .....

Murlidhar Jalan Vs. Income-tax Officer, Dibrugarh.

Court : Guwahati

..... , a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 22, and may proceed to assess or reassess the income, profits or gains of the assessee for all or any of the years referred to in clause (i), and thereupon the provisions of this act, (excepting those contained in clauses (i) and (iii) of the proviso to sub-section (1) and in sub-section (2) and (3) of this section) shall, so far as may be, apply accordingly :provided that the income-tax officer shall not ..... february, 1958, and the amount of the last installment february, 1958, the petitioner made another application to the directors of inspection (special investigation), central board of revenue, for reconsideration of his petition dated 16th december, 1957, by which a revision of the order fixing the date and installment was prayed for.on the 1st march, 1958, the under secretary, central board of revenue, again informed the petitioner that the central board ..... and the receipt of the income-tax officer shall constitute a good and sufficient discharge of the liability of such person to the assessee to the extent of the amount referred to in the receipt.any person discharging any liability to the assessee after receipt of the notice referred to in this sub-section shall be personally liable to the income-tax officer to the extent of the liability discharged or to the extent of the liability of the assessee for tax and penalties, whichever .....

Management of M/s. Escorts Construction Equipment Limited, New Delhi V ...

Court : Guwahati

..... or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, 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 ..... 4 is a workman under the petitioner management and the termination of his service being in violation of the provisions of the constitution of india, he would be entitled to reinstatement with full back wages. 2. ..... referring to the definition of the term workman as defined under section 2(s) of the industrial disputes act, 1947 and also referring to the decision referred to in the said paragraphs of the award, the learned labour court after observing that to arrive at a decision as to whether the respondent no. .....

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

..... accepted and despite the fact that his statements malign the reputation of the petitioner, the petitioner was not allowed to participate in the court of inquiry, which was in violation of the provisions of rule 156 (2) of the air force rules,1969, and also regulation 790 of the defence service regulations (air force) apart from being in violation of the memorandum, ..... purposes of sub-section (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under the army act or the navy act and any ..... out that rule 156(2) of air force rules, which pertains to court of inquiry and falls under chapter vi, has been framed by the central government by virtue of section 189(2) (d) of air force act, 1950, which permits the central government to make rules providing for assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of ..... section 482 crpc, questioned, in the high court, the legality of the proceedings inasmuch as they were, according to the appellants, protected by section 197 cr.pc and that in any event, the complaint was lodged with oblique motive and intention as a retaliatory measure and that there was no material to take cognizance of the case, particularly, when the seizure and arrest had been done, according to the appellants, pursuant to the ..... . in case any authority, in discharge of its duties fastened upon it under the law, traverses into the realm of personal reputation adversely affecting .....