Judgment Search Results Home > Cases Phrase: navy act 1957 section 17 provisions as to discharge Court: rajasthan Page 3 of about 70 results (0.082 seconds)

G.M., Lake Palace Hotel and ors. Vs. Ranjit Singh

Court : Rajasthan

Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541

..... 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 orretrenched 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 ..... their lordships observed that in view of the overriding provisions of section 25j of the central act while the provisions in a state law relating to the settlement of industrial disputes, the rights and liabilities of employers and workman in so far as they relate to lay off and retrenchment shall be determined in accordance with chapter v-a of the central act and section 41(1) and section 41(3) of the state act prescribe alternative authorities to settle a dispute arising out of ..... about its jurisdiction to entertain the complaint on behalf of the respondent ranjit singh on the ground that the term 'employee' under section 2(5) of the shop act has the same meaning as the term 'workman' as defined under section 2(s) of the industrial disputes act, 1947, hereinafter referred to as 'the central act' and any employee who does not fall within the definition of workman under the central act is not entitled to invoke provisions of the shop act also. .....

Secretary (Admn.) Jvvnl Jodhpur and ors Vs. Ashok Kumar and anr

Court : Rajasthan Jodhpur

..... , 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 ..... but of no consequence, thus, he submitted an application to the commissioner (disability) to issue necessary directions to the appellant respondent for providing suitable appointment as per provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as 'the act of 1995').the claim for appointment was contested with assertion that the respondent petitioner was not in employment of the jvvnl being employed through a contractor. ..... service and further denial to employ him on a suitable post as such is in violation of the provisions of section 47 of the act of 1995. ..... error in not giving finding that the provision of section 47 of the act of 1995 would be applicable to him. ..... , having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. . .....

Murari Lal Vs. K.C. Aneja

Court : Rajasthan

Reported in : 1982CriLJ2082; 1982()WLN254

..... under this section the central government is authorised to make rules consistent with this code and the army act, 1950, the navy act, 1957 and the air force act, 1950 and any other law, relating to armed forces of the ..... read with the provisions of criminal courts and court martial (adjustment of jurisdiction) rules, 1952 and section 125 of the army act, his jurisdiction his come to an end and he was bound to send the accused for being tried by court martial when such request is made by the commanding authority of the amunition ..... there appears to be no sense in taking the view that the intention of the legislature under this provision would have been to deliver the accused t0 the commanding officer of the unit only after a charge ls read over to the ..... see no force in the contention of the learned counsel for the petitioner that the provisions of section 475 cr. p.c. ..... thus, the provisions of section 475 cr. ..... is also contended that the provisions of section 475, cr. p.c. ..... learned magistrate took the view that in view of the provisions contained in section 475, cr. p.c. ..... thus, as already observed by me above, the provisions of rule 6 came into operation as soon as he was moved by an officer commanding of the command for delivering the accused for being tried under the court-martial and there was no option left with him except ..... to be read along with the provisions of the court-martial rules. ..... this provision deals with delivery to commanding officer of persons liable to be tried by court .....

Shri Sanwaliya Ji Mandir Mandal Vs. Badri Lal and anr

Court : Rajasthan Jodhpur

..... or implied, and for the purposes of any proceedings under this act in relation to an industrial dispute, includes any such person who has been 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 ..... 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 ..... 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. ..... held as under:- the contention of the learned counsel for the petitioner is that the respondent workman was employed with the petitioner through a contractor and therefore, he was not workman as defined under section 2(s) of the industrial disputes act, 1947. ..... dated 15.12.2006 passed by the labour court, bhilwara holding therein that the retrenchment of the workman effected by the employer was in violation of the mandatory condition precedent for a valid retrenchment as prescribed under section 25 f of the industrial disputes act, 1947. .....

Kundan Singh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 2001(1)WLN135

..... (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 law, or such other law, shall be ..... located elsewhere in india, from the date of the service of such notice, he shall not,-(a) convict or acquit the accused under section 243 or section 245 or section 247 or section 248 of the code of criminal procedure, 1898 (5 of 1898) or hear him in his defence under section 244 of the said code; or(b) frame in writing a charge against the accused under section 254 of the said code; or(c) make an order committing the accused for trial by the high court or the court of sessions ..... the restricted provisions namely section 475 cr.pc, section 80 of the act of 1968 coupled with rules 3 and 4 of the rules of 1969 make it clear that whenever a person subject to the act of 1968 is brought before a magistrate, it would be incumbent upon the magistrate to address a notice to the commandant of the accused and after receipt of the response of the commandant, he shall decide whether accused can be committed to the sessions ..... after referring to the relevant provisions, the court held that the provisions of section 549 (1) cr. p.c. .....

Shanti Lal Ojha Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1984WLN(UC)499

..... that they possess a diploma of having passed that girdawar konunga examination.provided that the inter-se seniority of the surplus employees of the various departments shall be maintained in accordance with the provisions of the rajasthan civil services (absorption of surplus personnel) rules, 1969.provided further that the seniority of inspectors, land records finding place in seniority list issued as on 1st november, ..... the rajasthan subordinate service (recruitment and other service conditions) rules, 1960 do not apply, inasmuch as rule 171 of the rajasthan land revenue (land records) rules, 1957 makes it clear that a person appointed to the subordinate service post in various departments other than the posts for which subordinate service rules were promulgated will not be governed by these ..... petitioner has challenged the order of seniority as also the provisional list published on the ground that rule 171(1) of the rajasthan land revenue (land records) rules, 1957 be declared ultra-vires and illegal and that the petitioner should get seniority computed as per the rajasthan civil services (absorption of surplus personnel) rules, 1969 and ..... holding the same scale of pay and same type of work and responsibilities which was being discharged by the surveyors of the consolidation department and the inspectors, land records at that relevant ..... it is argued that rule 171-a framed under section 261 of the rajasthan land revenue act will apply and the rajasthan civil service (absorption of .....

L/D Clerk Vinod Kumar Sharma Vs. Union of India and ors

Court : Rajasthan Jodhpur

..... , decided on 03.05.2013, transferring back these matters for the persons covered under the three enactments to which the said act of 2007 applies, namely, the army act, 1950, navy act, 1957 and the air force act, 1950 to the said armed forces tribunal. ..... (oa no.471/2010, decided on 19.10.2010) comprehensively dealing with the provisions of sections 14, 15 of the aft act, 2007, and section 164 of the army act, 1950, and the larger bench of the said tribunal has held that the powers of tribunal are wide enough to cover the cases against the orders passed under section 164 also by way of departmental s.b. ..... nanda, submitted that since the issue involved in the present case does not fall within the definition of 'service matters' as defined under section 3 (o) of the armed forces tribunal act, 2007 (for short, hereinafter referred to as 'act of 2007') as it the impugned order passed in summary court marshal and the punishment is not by way of s.b. ..... on the question of jurisdiction of the armed forces tribunal, both the learned counsel for the parties though admit that the present petitioner, is covered by the provisions of army act, 1950, however, the learned counsel for the petitioner, mr. s.k. ..... 02/2014 3/3 remedy under section 164 of the act and all matters viz. ..... service matters pertaining to the person covered by these three acts will be decided by the tribunal.4. .....

Kalulal Vs. State and ors.

Court : Rajasthan

Reported in : 1998(1)WLC566; 1997(2)WLN501

..... procedure for imposing major penalties--(1) without prejudice to the provisions of the public servants (inquiries) act, 1850 no order imposing on a government servant any of the penalties specified in clauses (iv) to (vii) of rule 14 shall be passed expect after an inquiry held as far as may be in the ..... this would mean that the aforesaid provisions impose on the disciplinary authority a duty to make an objective examination of the submissions contained in the representation submitted by the government servant in reply to the ..... the aforesaid observations with reference to the provisions of rule 14(1) of the railway servants (discipline and appeal) ..... the petitioner contends that order annex.9 does not comply with the mandatory provisions of sub-rule 9 of rule 16 of the rules of 1958 ..... authority has failed to consider the representation submitted by the petitioner in , reply to the show cause notice and the order dated september 23, 1977 was passed by the collector, jalore in contravention of the provisions of rule 16(10), (ii)(b) of the rules.8. ..... from a perusal of the provisions of sub-clause (b) of clause (ii) of sub-rule (10) of the rule 16, it is apparent that it imposes an obligation on the disciplinary authority to consider the representation submitted by the government servant in reply to the ..... it was the case of the petitioner in the representation that as a matter of act, one chetram, an other officer, was responsible, for the irregularities, if at all if there was any lapse but .....

Vela Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1992(1)WLN230

..... more over keeping in view the provisions of section 3 of evidence act, the conviction can be based on the solitary testimony of a ..... 1 sustained by dharma was only one inch in length, while injuries numbers 2 section 3 measured three and six inches respectively in length, while the length of the blade of the dharia article 1 ..... voluntarily gave information under section 27 evidence act vide memo ex. ..... irrestible conclusion is that the act committed by the appellant did not amount to culpable bomicide amounting to murder but constituted the offence of culpable homicide amounting to murder punishable under section 302 i.p.c.25. ..... was charged for the offence punishable under section 302 i.p.c, to which he pleaded not ..... not under section 304 part ..... examination, he also stated that the appellant had dealt a dharia blow from its reverse side on the back of dharma near the road, but this act does not find mention either in the f.i.r. ..... not under section 304 part ..... hand at the worst, the allegations against him constitute an offence of committing culpable homicide not amounting to murder, which is punishable under section 304 part ii i.p.c. ..... considered opinion, the learned trial judge has correctly discussed, analysed and evaluated the prosecution evidence and rightly held the accused guilty for the offence under section 302 i.p.c.27. ..... been filed against the judgment dated 12.6.1986 passed by the learned sesions judge, udaipur, whereby he found the appellant guilty for the offence under section 302 i.p.c. .....

Dhuji Ram and 13 ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2008(2)Raj1614

..... bhagwat singh, maharaj singh and ramdev were acquitted and remaining fourteen were convicted and sentenced by learned additional sessions judge hindaun city vide judgment dated march 27, 2001 as under:appellant mahesh under section 302 and other appellants under section 302/149 ipc:each to suffer imprisonment for life and fine of rs. ..... 221/2001 (63/2000) charge sheet was filed against ten accused and charges under sections 148 and 302/149 ipc were framed, which were denied by them. ..... learned additional sessions judge hindaun city vide judgment dated july 31, 2007 convicted and sentenced nine accused persons thus:under section 302/149 ipc:each to suffer imprisonment for life and fine of rs. ..... 1000/-, in default to further suffer simple imprisonment for three months.under section 148 ipc:each to suffer rigorous imprisonment for one year and fine of rs ..... 1000/-, in default to further suffer imprisonment for six months.under section 148 ipc:each to suffer rigorous imprisonment for two years and fine of rs ..... is no positive evidence that they had shared common object with co-accused mahesh, darab singh, bhulli, dinesh chand and bachchu singh and it will be highly unsafe to connect them with the aid of section 149 ipc and they are entitled to benefit of doubt.14. ..... 6) although named 28 persons as assailants, he attributed specific overt act to appellants mahesh, darab singh, dhuji, bachchu singh, bhulli and dinesh ..... they are on bail, they need not surrender and their bail bonds stand discharged. .....