Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: delhi Page 13 of about 5,616 results (0.113 seconds)

Ex Cdre. Narinder Pandit Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... court of a special judge having jurisdiction in the matter. it may be mentioned that section 25 of the pc act excludes the jurisdiction exercisable by the procedure applicable to army act, navy act, air force act and the border security act. by such exclusion, the court martial was competent even to make trial of the individual when the alleged abettor was ..... naval offence or a civil offence may be tried and punished under this act regardless of where the alleged offence was committed. (2) a person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against ..... such person or an offence of rape in relation to such person shall not be tried and punished under this act unless he commits any of the said offences (a) while on active .....

Harminder Kumar (Cap.) Vs. Union of India

Court : Delhi

Reported in : 1998VIAD(Delhi)368; 75(1998)DLT597

..... singh chhima's case. that is not the position here.20. when as i have noticed above that the proceedings had become time barred under section 122 of the army act, 1950, i have to follow the dictum laid down by the supreme court in major radha krishan's case. accordingly, the writ petition is allowed.21. the show-cause ..... with a view to cause further delay, he even appealed against the verdict of the medical board.'14. the division bench had referred to sections 122 & 123 of the army act, 1950, and in particular, section 122. dealing with the question of limitation, the bench observed:-'offence in the instant case is stated to have taken place on 13/14th december, ..... j.1. the petitioner has challenged in the writ petition the show-cause notice dated 28.2.1984 issued under army rule 14 read with section 19 of the army act, 1950.2. the case of the petitioner is that having come to the conclusion that the proceeding with court martial against the petitioner had become time barred, no notice under .....

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

..... judicial review envisaged under article 226 of the constitution in respect of the proceedings, in which the defense personnel serving in the army, navy, air force or even paramilitary force when commit any offence, are dealt with by a special provision contained in statutory enactments governing them and not by normal criminal procedure code is not in ..... the union government. thereforee, ordinarily there should be a finality to the proceedings as envisaged by these enactments, in this case the border security force act and the border security force rules. the high court's powers under article 226 of the constitution to judicially review such findings is for a limited purpose, namely, ..... proceeded to examine this matter on merits. investigation into an offence alleged to have been committed by a person subject to the border security force act 1968 (for short 'the act') is dealt with under chapters v to vii of the rules. for the present case the relevant chapter is vii and commence with rule .....

Tarif Singh Shanti Saroop Vs. Union of India, Through the Secretary, M ...

Court : Delhi

Reported in : AIR1971Delhi233

..... salary and allowance from the date of the release to the date on which they may be again posted back in the army.9. under the army act, 1950 (hereinafter referred to as 'the act') the president has the power to grant, to such person as he thinks fit a commission as an officer, or as a junior commissioned officer, or ..... shri. y.k. sabharwal, who appeared for jitendra bir anand and jagmohan lal sabharwal, at first raised an additional point that placing any liability for service in the reserve forces for a particular period after the release from service of the regular army was unjustified. he, however, did not press that contention as admittedly there is no longer any ..... government of india on the ground that their services were no longer needed that too would not have been in any way illegal.21. there is also no force in the contention that the petitioners having been selected by a selection board for emergency commissions could not after serving the army for four or five years be rejected .....

Nb/Sub Avtar Singh Vs. Union of India and Others

Court : Delhi

Reported in : 1989CriLJ1986; 1990(2)Crimes370; 38(1989)DLT19

..... was stated at the outset by mr. rameshwar sharma, learned counsel for the petitioner, that a petition for review as provided by s. 164(2) of the army act, 1950 had been filed on 2nd april, 1984, and again on 25th june, 1985, but the same had not been decided, whereupon a notice to show cause was issued ..... writ petition reveals that a general court-martial was convened which held sitting from 12th december, 1983 to 16th february, 1984 and during all this period, the petitioner was forced to remain under close arrest but ultimately the general court-martial recorded a finding of : 'not guilty', by order dt. 16th february, 1984. copies of the charge- ..... which major s. k. verma entertained, and contended that conclusion cannot be escaped, that the said officer was able to influence his superior officer in this regard, who acted as confirming authority. 24. it is pertinent to note that the charges against the petitioner consisted of having used threatening language against major s. k. verma, and .....

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

Court : Delhi

Reported in : 2002(64)DRJ379

..... order or direction of appropriate nature striking down the provisions of section 153, 154 and 160 of the army act 1950.(c-1) issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10 ..... liable to be tried' by a court-martial.section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years ..... the next point which was unsuccessfully urged before the high court was in the context of section 122 of the army act of 1950 which prescribes a period of limitation of three years. the high court did not accede to the submission in this behalf ..... 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 .....

Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(87)DRJ108

..... the post-confirmation petitions in respect of an army personnel challenging such court martial verdicts and the same analogy of the army act applies to the border security force act as the provisions of the army act and the border security force act are pari materia.7. the pleas of the learned counsel for the petitioners, mr. r.p. sharma, mr. bishram ..... rules in no uncertain terms envisage protection from bias against an officer. we may notice that the act which was enacted in the year 1968 even sought to fill up the gaps occurring in other acts like army act, navy act or armed forces act in this behalf so as to protect a person from personal bias or a real likelihood of ..... under section 378(3) code of criminal procedure, hon'ble mr. justice arijit pasayat speaking for the supreme court in state of punjab v. bhag singh reported as air 2004 sc 1203 held as under:-even in respect of administrative order lord denning m.r. in breenv. amalgamated engineering union 1971 (1) all er 1148 observed 'the .....

Sandeep Malik Vs. Union of India and anr.

Court : Delhi

Reported in : 1995IIAD(Delhi)209; 1995(34)DRJ9

..... sentenced to undergo r.i. for 4 years and dismissal from service.(2) the petitioner was tried by general security force court under sec.47 of the border security force act read with sec.376 ipc. the statutory petition before respondent no.2 / director general of bsf was also rejected ..... or the finding of the tribunal was lacking on account of total lack of evidence. he has also cited air 1983 sc 991 and air 1981 sc 559 in support of his submissions. on merit mr.mittal has contended that there was total compliance of ..... sec.45 of the act and the law officer was-fully competent to be a member of the court.(10) ..... of the national security and military discipline parliament in its wisdom may restrict or abrogate such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizens not entitled to the benefits of the .....

All India Small and Medium Newspapers Federation (a Regd Society) Vs. ...

Court : Delhi

Reported in : AIR2004Delhi180; 109(2004)DLT551; 2004(72)DRJ526

..... foundation or basis. insofar as the letter of the registrar of societies is concerned, it is abundantly clear that the emblems and names (prevention of improper use) act, 1950 has no application at all and there is no bar for a society of a particular name in a state being prohibited for registration with the same name ..... .19/1/2000-pci dated 7.11.2000. in this regard i wish to inform you that under the provisions of societies registration act and emblems and names (prevention of improper use) act, 1950 and as per prevalent practice two societies having the same name cannot be registered in delhi however, as regards the provisions followed by ..... of this, we require the following information urgently: 1. whether two organisations with the same name can be registered separately in two different states under the societies registration act, 1860? 2. whether an organisation with a name already registered in another state can be registered in delhi as a separate entity? 3.whether all india small .....

Cpt. Satyvir Met. Asstt. Vs. Chief of Air Staff

Court : Delhi

Reported in : 110(2004)DLT246; 2004(74)DRJ426; 2004(3)SLJ24(Delhi)

..... with disability.3. it was contended on behalf of the petitioner that the punishments were awarded in total disregard of the procedural safeguards provided under rule 24 of the air force rules and, thereforee, the same were unsustainable. it was further contended that if these two punishments were excluded form consideration, the petitioner' could not have been ..... dated 16th july, 1996 and 31st december, 1996 and subsequent proceedings taken against the petitioner. this court on 25th september, 2003 noted that the petitioner was enrolled in air force as met. assistant on 26th march, 1984 and thereafter he was placed in low medical category. on 16th july, 1996, he was alleged to have reported late ..... c.n. ghosh has stated that the proceedings under rule 24 were carried out and all the safeguards mentioned in rule 24of air force rules, 1969 were observed. he has further mentioned that the petitioner was asked to produce documentary evidence in his favor against the charges framed dated 16th .....