Judgment Search Results Home > Cases Phrase: army act 1950 preamble 1 army act 1950 Court: punjab and haryana Page 1 of about 2,870 results (0.252 seconds)

Present: Mr. Navdeep Singh Advocate and Vs. Union of India and Others

Court : Punjab and Haryana

..... personnel is not entitled to disability pension. it is argued that the military service is not defined but in terms of section 3(i) of the army act, 1950 (for short the act ), the expression active service is defined to mean if a diwakar gulati 2014.05.30 10:18 i attest to the accuracy and integrity of ..... pension may not be admissible. the petitioner also relies upon the notification issued by the central government on 29.11.1962 under section 9 of the act. the section 9 of the army act, 1950 and the notification reads as under:- 9. power to declare persons to be on active service. notwithstanding anything contained in clause (i) of section ..... preamble and part iv reinforces them compendiously as socio-economic justice, a bedrock to an egalitarian social order. the right to social and economic justice is thus a fundamental right. . it is also not disputed that during leave, the personnel of armed forces are liable to maintain discipline and are governed by the provisions of the army act, 1950 .....

Gurtej Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1990)97PLR294

..... hold that these sections are 'intra vires'.'7. our constitution makers intended to set up democratic republic the binding spirit of which is summed up in the preamble of the constitution and it contains the basic structure of the constitution. no democratic, political and social order could endure without an agreement on the basic essentials ..... and would uphold the sovereignty, unity and integrity of india. provisions contained in section 29-a (5) of the amended act are clearly in accordance with the scheme set out in the preamble to the constitution article 51a of the constitution and the provisions contained in iii to the schedule to the constitution prescribe oath by ..... the candidates who wants to contest elections for the state legislature.8. section 29-a as introduced in the amended act enjoins upon an association or .....

Madan Tarlok Singh and ors. Vs. Union of India (Uoi) Through Home Secy ...

Court : Punjab and Haryana

Reported in : AIR1970P& H471

..... in the erstwhile state of punjab and the subsequent bifurcation thereof would not make the provision unconstitutional. the contention cannot, in my view be sustained. the preamble of the act clearly stated that it was being levied at the said time for the benefit of the revenues of the erstwhile state of punjab and there is no ..... , three points were urged before the division bench, namely:---(1) that in view of the preamble of the punjab professions, trades, callings and employments taxation act, 1956 (punjab act no. 7 of 1956) (hereinafter referred to as the professions tax act), the act does riot apply to the union territory of chandigarh, because no change has been made by ..... general benefit which may be presumed to accrue from all legislation. this is more so when reference is made to the preamble quoted in the earlier part of the judgment which clearly refers that the act is 'for the benefit of the revenues of the punjab state'. similarly the objects and reasons for this enactment which .....

Ex. Sept. Paramjit Singh Vs. the Union of India (Uoi) Through the Chie ...

Court : Punjab and Haryana

Reported in : (1992)101PLR230

..... suffers from the vice of discrimination inasmuch as sardul singh who was also convicted along with the petitioner is now working in the dairy development corporation. the indian army and the dairy development corporation are different employers. the requirements of the jobs are obviously different. no ground of violation of article 14 of the constitution of ..... , this contention is not well merited. the action in dismissing the petitioner from service is not bad in law. it is in conformity with the provisions of the act and the rules. however, the action in making it retrospective is without jurisdiction. it is consequently vitiated to the extent of its retrospectivity. as such, the stipulation ..... to issue a railway warrant to him from hoshiarpur to ramgarh (bihar) on may 23, 1988. the petitioner was served with an order of discharge from the army and by orders dated april 20, 1989, he was dismissed from service with effect from july 21, 1986. copies of these orders are at annexures p-6 and .....

Lt. Col. S.S. Chahal Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... only under the administrative instructions which cannot be taken into consideration. the respondents did not move against the petitioner under section 19 of the army act, 1950 read with rule 14 of the army rules 1954. the 1978 instructions had not contained any provision to place a d.v. ban, if action is contemplated under administrative instructions. ..... from taking administrative action on the same allegations. the respondents had, therefore, decided to initiate proceedings against the petitioner under section 19 of the army act, read with rule 14 of the army act, much before, the dv ban had been imposed against the petitioner. therefore, even if the petitioner had been put in the select list for ..... applied for premature retirement. he was only not permitted to prematurely retire as show cause notice had been issued under section 19 of the army act read with rule 14 of the army act on 14.2.1990. the petitioner had challenged the show cause notice by filing c.w.p. no. 4778 of 1990. in the .....

Rajinder Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 1993CriLJ1968; (1993)103PLR562

..... the standing counsel of union of india to assist us in this matter he succeeded in securing the help of major v. c. chitravanshi, form the legal cell of the army at chandimandir, major v. c. chitravanshi appeared before us on february 9, 1993 and he was posed the question which was incorporated in our order dated february 9, 1993. ..... p-4 simply because the detenu is a resident of mohali does not invest this court with any jurisdiction. it is not disputed that criminal cases for violation of various acts are registered at ahmedabad and they are being proceded with.'7. a brief reference be now made to the judgments which have been mentioned by mr. saini, advocate in ..... is duty bound to conduct the case in court. he becomes a privileged person who can address the court under the provisions of the advocates act, 1961. under sections 29 and 30 of the advocates act such an advocate engaged by the litigant has a right of audience in the court in the cause. lawyers engaged in the cases by .....

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 1990CriLJ1417

..... to any special or local law in the absence of a specific provisions to the contrary. there being a specific provision in the special law, namely, army act, 1950, no provision of the code of criminal procedure would apply in the absence of a specific provision to the contrary. the cases relied upon by the learned ..... a return was filed in the connected writ petition no. 1511 of 1989. it was staed that the army act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down in army headquarters letter no. 2248/psi dated june 24, 1963. according to the instructions, periodic review was made ..... the learned judge construed the expression 'until such person is dischrged or removed in due course of law' occurring in section 3(2) of the transfer of prisoners act, 1950. reference was made to a division bench decision in sitaram baralal v. state of madhya pradesh, air 1969 madh pra 252, from which the following portion was extracted .....

Rajbir Singh Sepoy/Lans Naik Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no. sro 6-e, dated the 28th november, 1962, the central government ..... which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.'8. under section 70 of the army act, an offence of murder against a person not subject to military, naval or air force law or of culpable homicide not amounting to murder or of rape in ..... army act.13. as against this, counsel for the respondents contended that the notification dated 28th november, 1962, referred to above, has been suspended by a subsequent notification no. s.r.o. 37-e dated september 5, 1977, which is to the following effect :-'14. s.r.o. 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 .....

Major Jagjit Singh Dhillon Vs. Union of India (Uoi) Through Secy., Def ...

Court : Punjab and Haryana

Reported in : AIR1970P& H346

..... judgment in the matter nor did he direct the issue of the show cause notice. sections 18 and 19 of the army act, 1950, are as under:--'18 tenure of service under the act --every person subject to this act shall hold office during the pleasure of the president.' '19 termination of service by central government -- subject to the provisions ..... and (v) of paragraph 21 of his petition as under:--(iv) 'that the central government has no powers vested in it under section 18 of the indian army act to remove the petitioner from service. the said section only relates to the president's pleasure which is his own individual privilege as distinguished from the powers of ..... filed by capt. jasbir singh, staff capt. station headquarters, chandigarh.4. the learned counsel for the petitioner has pointed out that under section 13 of the army act the president in his individual judgment can pass an order terminating the services of the petitioner or to issue show cause notice before making such order. no other .....

Jarnail Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1997)116PLR580

..... res-integra and has been fairly and elaborately answered in the above pronouncements. therefore, we have no hesitation in holding that a person subject to the provisions of the army act, even if proceeds on casual leave, would be treated on duty and would be entitled to the benefits accruing therefrom in accordance with law.10. necessary corollary to our ..... was treated to be on duty, after detailed discussion the court held as under:-'2. it is not disputed on behalf of the respondents that an officer, subject to the army act, while he is on casual leave in considered to be on duty. moreover, in view of the judgment of the apex court in joginder singh v. union of india, ..... disability pension at full or at reduced rate will be considered.'5. firstly we have to consider, whether the period of casual leave of a person subject to army act can be termed as period on duty or not? secondly, whether every injury suffered by such person during the period of his casual leave arising from any kind of .....