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Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2002(64)DRJ379

..... allegedly is said to have been committed the officer in command is required to take any action for charges and trial by the court martial as per section 1 chapter v of the rules or order a court of enquiry. it was further held in col dd pawar and anr. v. commander hq. andhra sub-area, secunderabad ..... limitation by court martial but specifies in sub-section (2) thereof offences in respect thereof, the limitation clause would apply in support of offences contemplated under section 37 of the act.19. in delhi special police establishment. v. s.k. loraiya, : 1973crilj33 , it was held:'...on a conjoint reading of sub-sections (1) and (3) of ..... local purchase of hygiene chemicals ignoring the instructions laid down thereforee during his tenure as officiating commandant, he was charge-sheeted. proceedings in terms of the army act had been initiated on 30th october 1996. upon investigation, it was concluded:'3.conclusion:- there has definitely been certain procedural lapses on part of 4 rpd asc .....

Sudarsha Avasthi Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2007(1)AWC736

..... state of u. p. from the plying of such vehicle on the road or in streets which does not comply with the provision contained in chapter v of the central rule or act or u. p. rules.the aforementioned directions are not final and it shall be open to the state government to adopt other recourses in accordance ..... ) of such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept.24. the various provision contained in chapter v of the motor vehicles act providing standard are mandatory and necessary for plying of vehicle. as provided under rule 92 no vehicle can ply on road unless the provision contained in ..... become status symbol in the state of u. p. to ply vehicle on road in violation of provisions contained in motor vehicle act, 1988 (in short hereinafter referred as the act) and the provisions contained in central motor vehicle rules, 1989 (in short hereinafter referred as the central rules) as well as u. p. motor vehicle rules, 1998 (u. p. .....

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

..... the ordinary law of the land and (2) a class of offences punishable under the indian penal code or any other legislation passed by the parliament. chapter vi of the act deals with the offences. sections 34 to 68 relate to the offences of the first description noted hereinabove and section 69 with civil offences which means the ..... summary court-martial.court martial can be convened by persons and authorities as specified in section 109, 110, 112 and 118 of the act. the procedure of court martial is detailed in chapter xi of the act. section 129 mandates that every general court- martial shall be attended by a judge advocate, who shall be either an officer belonging ..... preferring an appeal against the findings of the court martial.12. in exercise of the powers conferred by section 191 of the act the central government have framed the rules called the army rules, 1954. chapter v of the rules deals with the investigation of charges and trial by court- martial. court- martial are covered in terms .....

Nemai Chattoraj Vs. Queen-empress

Court : Kolkata

Reported in : (1900)ILR27Cal1041

..... in holding that the petitioner is not guilty of the offence of kidnapping under section 363, indian penal code.rampini, j. 32. this is a reference under rule 5, chapter v of the rules of this court, in which the question propounded is whether an accused person who, after a minor had been removed from the house of her lawful ..... was taken by mohendro to his house had evidently no connection with, or bearing upon the matter of taking or enticing away from the guardianship of her husband. his acts and conduct might possibly bring him within the provisions of section 368 of the indian penal code but he cannot be brought within section 363, unless there is some ..... did leave the guardianship of her husband before the petitioner had anything to do with her; and if that be so, the only matter for consideration is whether the act of the petitioner in joining the principal offender or offenders subsequent to the kidnapping of the girl in promoting the purpose of taking her to calcutta, makes him guilty .....

Rt. Rev. Msgr. Mark Netto Vs. Government of Kerala and ors.

Court : Kerala

Reported in : AIR1977Ker58

..... establishment and maintenance of schools and chapter v opening and recognition of schools do not provide for specifying ..... can be considered only as a boys' school for the purpose of kerala education act and the rules.4. from this it follows that permission is necessary to admit girls in a boys school under rule 12, sub-rule (iii) of chapter vi. rule 12 (iii) is in the following terms:--'girls may be admitted ..... accordance with the act (see section 3 (4) of the act). from this it follows that the nature of the previous establishment will continue as such after the commencement of the act till such time as it is altered under the provisions of the act. under the act also chapter ii dealing with the classification of schools, chapter iv dealing with .....

West Jamuria Coal Co. Vs. Bholanath Roy and ors.

Court : Kolkata

Reported in : AIR1954Cal424,58CWN31

..... by the adaptation of laws , order, 1950, the only material provisions are the following :(i) for 'subject to such rules' substitute 'subject to the provisions of chapter 4 of part 5 of the constitution';(ii) for 'decree or final order', substitute 'judgment, decree or final order'.29. by means of this adaptation, a most ..... precisely the same extent and character could be provided for, there was no meaning in duplicating the provisions of the constitution itself in other provisions of an act of the legislature. since the constitution itself brought into existence the supreme court as a new court and defined its appellate jurisdiction by its own provisions, ..... 22itr150(bom) (j)', before the bombay high court, the principal question was whether the opinion given by the high court upon a reference under section 66 (1), income-tax act was a 'judgment' at all, inasmuch as the jurisdiction of the high court in such references is purely advisory or consultative, but chagla c. j. and tendolkar j. .....

Dinesh Kumar Vs. Uoi and anr.

Court : Delhi

..... submission advanced by the petitioner is based upon an incomplete reading of the bsf act, 1968 and the rules framed thereunder in the year 1969.32. chapter v of bsf act (sections 57 to63) deals with arrest of an accused person before trial. section 57 of bsf act empowers the superior officer of a person who has been charged with commission of ..... an offence to place him under arrest. chapter v of bsf rules (rules 31 to40) makes provisions of arrest of the accused persons. rule 38 of the bsf rules relates ..... to the arrest of an accused person on commencement of his trial. in view of provisions of section 57 of bsf act, the commandant of petitioner was empowered to .....

Geetanjali Dogra vs.state & Ors

Court : Delhi

..... (iii) any other order related to any other function as may be prescribed. any other function as may prescribed.11. for the purpose of chapter 5 of the act of 2015 and chapter 5 of the rules, it is clear that any child who is in need of care and protection is required to be produced before the committee during the ..... love, care and warmth of parents to the child is a gross violation of the rights of the child as per article 9 (separation from parents) of uncrc- 1989 ratified by india in 1992 according to which children have the right to live with their parents, unless it is bad for them and the children whose parents do not ..... brought before them.12. in the context of aforesaid legal position, arguments advanced by the counsel for the respondent referring the provisions of commission for protection of child rights act, 2005 and as per united nations conventions is required to be adverted. counsel referring the said convention urged that madhya pradesh high court vide order dated 20.3.2014 .....

Najib Mohammad and anr. Vs. Rahman Khan and ors.

Court : Orissa

Reported in : AIR1952Ori131

..... enquiry or investigation, the collector may become aware that an account does not represent existing facts in several ways. chapter v of the rules framed by the board of revenue, under section 88 of the act, lays down the rules whereby the accuracy of the registration can be improved by executive action. estates may ..... is therefore, necessary to consider the scope of section 74-a and the application thereof to the facts of this case. 20. section 74-a, land registration act, runs as follows: 'notwithstanding anything contained in the foregoing sections, if the collector becomes aware, otherwise than, after receipt of an application under section 72, ..... information. section 32 provides that a register may be altered when a civil court grants a decree confirming any transfer of proprietary right. part iv of the act deals with registrationand mutation of names of proprietors. section 42 lays down that every person succeeding to any proprietary right in estates, whether by purchase, inheritance, .....

Shivaji Laxman Sahane Vs. Jaywantrao Pundalikrao Jadhav

Court : Mumbai

..... or elimination goes on until enough candidates have filled their quotas or until the successive eliminations have left just enough candidates to fill the vacancies. 103. chapter v of the rules dealing with counting of votes in parliamentary and assembly constituencies does not contain any specific rule dealing with a situation in which two ..... the respondent has taken active part in the inspection of ballot papers and obtained certified copies. in the case of n.e. horo vs. leander (tiru air 1989 sc 2023), the apex court has held in paragraph 14 that once the court has embarked upon its jurisdiction to inspect the ballot papers then the absence of ..... the petitioner, has instituted this petition under section 81 read with section 100(1)(d) (iii) and (iv) of the representation of the people act, 1951 (for short 'act') calling in question the election of jaywantrao pundalikrao jadhav, hereinafter referred to as the respondent held in the biennial election for the year 2012 from the nashik .....