Judgment Search Results Home > Cases Phrase: reserve and auxiliaryair forces act 1952 section 29 pay and allowances Court: supreme court of india Page 1 of about 632 results (0.268 seconds)

State (S.P.E., Hyderabad) Vs. Air Commodore Kailash Chand

Court : Supreme Court of India

Reported in : AIR1980SC522; 1980CriLJ393; (1980)1SCC667; [1980]2SCR697

..... in other words, the respondent was transferred to the auxiliary reserve air force under the provisions of the reserve and auxiliary air forces act 1952 (hereinafter to be referred to as the 'act') and rules thereunder. ..... period of service- (1) every member of the regular air force reserve shall be liable to serve in the reserve-(a) if he is transferred to the reserve under sub-section (1) of section 5, for the period of his reserve liability; and(b) if he is appointed to the reserve under sub-section (2) of section 5, for the remainder of the period for which he was liable to serve in the air defence reserve or the auxiliary air force, as the case may be:provided that the competent authority may require any such member to serve in the reserve for such further period or periods not ..... constitution of regular air force reserve- the central government may raise and maintain in the manner hereafter in this chapter provided an air force reserve to be designated the regular air force reserve which shall consist solely of persons transferred or appointed to it under section 5.5. ..... this appeal by certificate is directed against the judgment dated 27th april 1973 of the andhra pradesh high court allowing the revisional application and quashing the proceedings taken against the respondent for offences committed under section 5(2) of the prevention of corruption act.2. .....

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

..... (i) of article 338 of the constitution;(iii) the national commission for women constituted under section 3 of the national commission for women act, 1990 (20) of 1990;(c) the office of member of any force raised or maintained under the national cadet corps act, 1948 (56 of 1948), or the reserve and auxiliary air forces act, 1952 (62 of 1952);(d) the office of a member of a home guard constituted under any law for the time being in force in any state;(e) the office of sheriff in the city of bombay, calcutta or madras;(f) ..... in respect of any matter of public importance or for the purpose of making an inquiry into, or collecting statistics in respect of, any such matter, if the holder of such office is not entitled to any remuneration other than compensatory allowance;(i) the office of chairman, director or member of any statutory or non- statutory body other than any such body as is referred to in clause(h), if the holder of such office is not entitled to any remuneration other than compensatory ..... allowance, but excluding (i) the office of chairman of any statutory or non-statutory body specified in part i of the schedule, (ii) the office of chairman or secretary of any statutory or non-statutory body specified in part ii of the schedule;(j) the office .....

R.S. Nayak Vs. A.R. Antulay

Court : Supreme Court of India

Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984

..... in the high court, the learned single judge held that on the date of taking cognizance of the offence, the accused was a member of the regular air force reserve set up under the reserve and auxiliary air force, 1952 and the rules made there under. ..... court after taking note of clause 9 and clause 12 of section 21 prior to their amendment by act 40 of 1964 held that for clause 9 to apply the person should be an officer 'in the service or pay of the government or remunerated by fees or commission for the performance of any public duty 'and that such pay or remuneration or commission must come from ..... article 195 of the constitution provides that members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of the constitution applicable in the case of ..... in a nation which has political liberty as the direct object of its constitution no one person or body of persons ought to be allowed to control the legislative, executive and judicial powers, or any two of them, has never in its strict form corresponded with the facts of english government mainly because, although the functions and powers of government are largely separated, the membership of the separate instruments of state overlap. .....

Abhay Singh Chautala Vs. C.B.i.

Court : Supreme Court of India

..... in the revision petition filed by the accused in the high court, the learned single judge held that on the date of taking cognizance of the offence, the accused was a member of the regular air force reserve set up under the reserve and auxiliary air force, 1952 and the rules made there under. ..... shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission, irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has, in fact, been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure ..... lalit arguing for the appellants, urged that on the day when the charges were framed or on any date when the cognizance was taken, both the appellants were admittedly public servants and, therefore, under the plain language of section 19 (1) of the act, the court could not have taken cognizance unless there was a sanction. ..... the doubt could arise in more manners than one and in more situations than one, but to base the interpretation of section 19(1) of the act on the basis of section 19(2) would be putting the cart before the horse. .....

Rev. Sidhajbhai Sabhai and ors. Vs. State of Bombay and anr.

Court : Supreme Court of India

Reported in : [1963]3SCR837

..... for the 1st year should be reserved for the school board teachers annually and the same be continued next year in the iind year, that due hostel accommodation be provided for those teachers, that the college students should be allowed to observe important festivals of all religions not 'involving rituals as part of cultural programmes under community living', and the college should provide some place where ..... the impugned clauses of the bill establishment of a new school or the opening of a higher class in any private school could be made only in accordance with the provisions of the act and the rules made thereunder, and any school or higher class established or opened otherwise than in accordance with such provisions was not to be entitled to recognition by the government [clause 3(5)]; all fees collected from the ..... ' by rule 14, the education department is authorised to withdraw recognition and to refuse to pay grant to any private institution for nonfulfilment of the conditions set out in the rules, for inefficient management and poor quality of teaching or failure to comply with the regulations in force or that may be issued from time to time by the government ..... religious denomination or any section thereof', has, subject to public order, morality and health, the right to establish and maintain institutions for religious and charitable purposes and in a larger sense ..... till the year 1952 surplus accommodation after admitting students who were to qualify as teachers required for .....

State of Manipur and anr. Vs. Ksh. Moirangninthou Singh and ors.

Court : Supreme Court of India

Reported in : [2007(113)FLR199]; 2007(3)SCALE501; (2007)10SCC544; 2008(1)SLJ1(SC)2007AIRSCW4456

..... section 4(4) of the act states as under:subject to any rules made in this behalf, a home guard shall be required to serve the home guards organization for a period of three years (including the period spent in training) which period may be extended by the government to such further period as it may consider necessary, and a home guard shall thereafter serve in the reserve force of home guards constituted as hereinafter provided for a period of three years and shall, while serving in such reserve force, be liable to be called out ..... a perusal of the provisions of the home guards act and rules show that the home guards was meant to be a reserve force which was to be utilized in emergencies, but it was not a service like the police, para military force, or army, and there is no right in a member to continue till the age of 55 years. ..... for the reasons given above these appeals are allowed and the impugned judgment of the division bench as well as of the learned single judge are set aside and the writ petitions filed in the guwahati high court are dismissed. ..... heard learned counsel for the parties and perused the record.it appears that the respondents had filed several writ petitions in the guwahati high court inter alia praying that their services be regularized in the home guards and that they be given regular pay scales.3. .....

Malkiat Singh Khela Vs. Union of India and anr.

Court : Supreme Court of India

..... gratuity, if any, other than war gratuity, received in respect of such service namely:- (a) service as commissioned officer in the army, indian navy or air force, irrespective of the type of commission; (b) mobilized commissioned service in the indian naval reserve/ indian army in india reserve of officers or called up commissioned service in the indian air force volunteer reserve; (c) embodied or called out commissioned service as an officer of the late indian territorial force or of the late auxiliary force (india) or of the territorial army [or the auxiliary air ..... provided that - (a) any service which was forfeited for seniority, and (b) any period of unauthorized absence unless pay and allowance are admitted for the period of absence shall not be regarded as qualifying service. 15. ..... in the instant case though the appellant has completed 20 years of service, but in view of sub-section (12) of section 82 of the act, the imposition of forfeiture of seniority would involve loss of benefit of service. ..... after the inquiry, the court martial has held that the appellant is guilty of the offence punishable under section 68 of the navy act, 1957 ('the act' for short) and, accordingly, has passed an order imposing punishment of forfeiture of 36 months of seniority in the rank of lieutenant commander and severe reprimand, as prescribed under section 81(1)(f) and (l) of the act.6. ..... section 81 of the act provides for the various type of punishments that can be imposed under the act. .....

Jiban Krishna Mondal and Ors. Vs. State of West Bengal and Ors.

Court : Supreme Court of India

..... a perusal of the provisions of the home guards act and the rules show that the home guards was meant to be a reserve force which was to be utilised in emergencies, but it was not a service like the police, paramilitary force or army, and there is no right in a member to continue till the age of 55 years. ..... they were appointed pursuant to home guard rules, 1962 and it is made clear that their services are voluntary and will not get any pay but the duty allowance as may be fixed by the state government from time to time. ..... section 9 of the act empowers the state government to make rules in different fields including condition of service and allowances. ..... by section 10 of the amendment act, in clause (b) of sub section 2 of section 9 of the act the word 'enrolment' was substituted in place of the word 'appointment' and for the word 'members' the word 'volunteers' was substituted. ..... by section 9 of the amendment act the word 'members' in section 8 was substituted by word 'volunteers' and in place of words 'as a member of the home guards' the words 'as such volunteer' were substituted. ..... the following submissions were also made: section 7 of the act provides that the members of home guard called out u/s 5 directly in aid of police force shall be under the control of officers of such force in such manner as may be prescribed by rules made u/s 9. .....

Nandini Sundar and ors. Vs. State of Chattisgarh

Court : Supreme Court of India

..... section 2(n): police officer means any member of the police force appointed under this act or appointed before the commencement of this act for the state and includes members of the indian police service or members of any other police organization on deputation to the state police, serving for the state and persons appointed under section 9 or 10 of this act;section 2(k) prescribed means prescribed by rules; section 2(o) rules means the rules made under the act;section ..... of inadequacy of regular police and other security forces in chattisgarh; that a three man committee appointed by the government of chattisgarh, in 2007, to prepare an action plan to combat the naxalite problem, had calculated the requirement to be seventy (70) battalions; as against this, at present the state only has a total of 40 battalions, of which 24 are central armed police force, 6 indian reserve, and 10 state battalions; that the ..... power, which becomes its own principle, and its practice its own raison d'etre, resulting in the eventual dehumanization of all the people, the scouring of the earth by the unquenchable thirst for natural resources by imperialist powers, and the horrors of two world wars, modern constitutionalism posits that no wielder of power should be allowed to claim the right to perpetrate state ..... allegedly temporary basis and by paying honoraria , to overcome the shortages and shortcomings of currently available 13 penguin books (allen lane) (2008).capacities and forces within the formal .....

U.P. Power Corporation Ltd. Vs. National thermal Power Corporation Ltd ...

Court : Supreme Court of India

Reported in : 2009LC(SC)13; JT2009(3)SC462; 2009(3)SCALE620; (2009)6SCC235; 2009(2)LC966(SC); 2009AIRSCW5869

..... and financial norms fixed in terms of circular dated 21st december, 2000 are not relevant or enforceable in the wake of enforcement of the statutory regulations, 2001 framed under section 28 of the act which had come into force ..... in view the fact that the corporation were supposed to have filed all materials in respect of its case for framing tarrif and failure, if any, on its part to bring some materials showing the financial impact arising out of the implementation of the 6th pay commission vis-`-vis the recommendation of the high powered committee could not have been the basis for a review, particularly, having regard ..... this limit shall be adjusted on the basis of the actual escalation factor arrived at by applying a weighted price index of cpi for industrial workers (cpi_iw) and an index of select components of wpi (wpiom) as per formula given in note below clause (v) herein below, for which the utility shall approach the commission ..... cost data on account of revision of pay and allowances was available with the petitioner during april ..... generating company while issuing share capital and investment or internal resources created out of free reserve of the existing utility, if any, for the funding of the project, shall also be reckoned as paid up capital for the purpose of computing the return on equity, provided such premium amount and internal resources are actually utilized for meeting the capital expenditure of the generating station and forms part of the approved financial .....