Court : Delhi
..... (62 of 1957) or the air force act, 1950 ..... army act, 1950, the navy act, 1957 and the air force act, 1950.6. section 2 of the act reads as under:-" applicability of the act the provisions of this act shall apply to all persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950). (2) this act shall also apply to retired personnel subject to the army act, 1950 (46 of 1950) or the navy act, 1957 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... section 3(p) reads as under: 3(p) summary disposals and trials means summary disposals and trials held under the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) 4. section 3(p) defines summary disposal and trial . it cannot be given the nature of substantive or procedural law. ..... on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950). (iii) leave of any kind; (iv) summary court martial except where the punishment is of dismissal or imprisonment for ..... than three months; (p) summary disposals and trials means summary disposals and trials held under the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950); (q) tribunal means the armed forces tribunal established under section 4. 3. from the wordings of section 3(o)(iii), it is clear .....
Tag this Judgment!Court : Delhi
..... 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, navel or air force law, or such other law, shall ..... a magistrate has to take cognizance of civil offences under the code of criminal procedure is not taken away by any provisions of the army act (and, therefore, of the air force act), and of section 549 of the code of criminal procedure and the rules made thereunder. what those provisions, envisage is concurrent jurisdiction in the ..... a court-martial, to direct that the accused persons shall be detained in air force custody. thus, the option to try a person subject to the air force act who commits an offence while on active serviceis in the first instance with the air force authorities. the criminal court, when such an accused is brought before it shall .....
Tag this Judgment!Court : Delhi
..... had been received by him from the present petitioner.24. it is noteworthy that this recovery was the subject matter of the first charge framed under rule 65 of the air force act, 1950 against the petitioner.25. with reference to the record, we may note that the aforenoticed submission of the naik j.d. kale was the only witness in support of ..... charge sheet the accused, 669510n sgt. (actg jwo paid) om prakash of 11 brd, af, an airman of the regular air force is charged with :first charge section 65 af act, 1950 second charge section 52 (b) af act, 1950 an act prejudicial to good order and air force discipline in that he, at 11 brd, af, on 05 feb. 02, improperly sold 21 bottles (15 bottles of ..... . - 3.5 kgs. - 0.500 kgs. - 02 kgs. - 0.400 kgs. page 4 of 16 (x) fourth charge section 65 af act, 1950 tea - 7.750 leaves kgs. (xi) cheese - 2.85 kgs. an act prejudicial to good order and air force discipline in that he, at 11 brd, af, on 06 feb. 2002 during the search of room no.3 of the sncos .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... , with or without conditions; (ii) mitigate the punishment awarded; (ii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), as the case may be; (c) enhance the sentence awarded by a court-martial: provided that no such sentence shall be enhanced unless the ..... by the court-martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), as the case may be; or (b) if sentence is found to be excessive, illegal or unjust, the tribunal may- (i) remit the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... individually or as a part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950). (iii) leave of any kind; (iv) summary court martial except where the punishment is of dismissal or imprisonment for ..... 3(o)(iii) which read as under: 3. definitions. in this act, unless the context otherwise requires,-- (o) service matters., in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include ..... shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force acct, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether .....
Tag this Judgment!Court : Delhi
..... curiae has carefully drawn our attention to the statutory provisions governing the indian army, air force and navy. we find that section 12 of the army act, 1950; section 12 of the air force act, 1950 as well as section 9 of the indian navy act, 1957 contain specific and express provisions excluding women from eligibility for enrolment. in this ..... shall be eligible for enrolment or employment in the air force, except in such corps, department, branch or other body forming part of, or attached to ..... affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular army, or any branch thereof in which females are eligible for enrolment or employment. the air force act, 1950 females ineligibility of 12. for enrolment or employment. no female .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... has issued any executive instructions or regulation other than what were specified in section 189? it is a fact that there is no provision in the air force act, 1950 or in the regulations authorising the search of the house occupied by the individual. it may be mentioned that there is a power under the ..... was allotted married quarter c-8, new wellington camp, air force station, race course, new delhi-110003. in that quarter, search was affected by air officer commanding without any authority and contrary to provisions of air force act, 1950 (hereinafter referred to as the act ) and air force rules, 1969 ( the rules ). even the chief of air staff to whom under the rules any of the powers ..... as regards the powers conferred under afo 15/90, it is said that in no way it curtails/abrogates fundamental rights of the person subject to air force act. the provisions of search contained in afo 15/90 are proper and commensurate to the requirement of discipline amongst the persons subject to the .....
Tag this Judgment!Court : Delhi
..... issued to the petitioner to show cause as to why he should not be removed from service under section 20(3) of the air force act, 1950 read in conjunction with rule 18 of the air force rules, 1969, on account of blameworthiness for the above allegations. the petitioner submitted a preliminary as well as a detailed reply to ..... recommendations of the petitioner s candidature by the station commanding officer as well as the board of officers and the possibility of misinterpretation of the applicable air force orders which may have resulted in the recommendation of the petitioner s candidature.28. the petitioner has placed before us the directions made by the ..... sub para (a) only states that censure will be considered only once. the instant case is concerned with accelerated commissioning into the officer rank of the air force, pursuant to a competitive examination and an interview which is prescribed. the issue, therefore, does not relate merely to eligibility of the person participating in the .....
Tag this Judgment!Court : Delhi
..... 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); (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who ..... , 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 army act, 1950, or the air force act, 1950, or the navy (discipline)act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in .....
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