Judgment Search Results Home > Cases Phrase: army act 1950 section 10 commission and appointment Court: chennai Page 2 of about 620 results (0.121 seconds)

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Reported in : (2009)6MLJ269

..... union of india : air 1983 sc 658 wherein the qeustion was whether section 21 of the army act, 1950 r/w chapter iv of the army rules 1954 is within the scope and ambit of article 33 of the constitution of india and whether central government notifications nos. ..... section 3(xxi) of the army act defines the term 'regular army' which reads as follows:(xxi) 'regular army' means officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to union in any part of the world, including persons belonging to the reserve forces and the territorial army when called out on permanent service; 10. ..... )(f) persons holding commissions in the army in india reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces;(g) officers appointed to the indian regular reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces;2* * * * *(i) persons not otherwise subject to military law who, on active service, in camp, on the .....

Ex Sep a Karunai Udaiyarajan Vs. Union of India, - Represented by the ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... apprehended by the muthukulathur police on the complaint of his mother when he was at his native place on 8.3.2010 and was handed over to the territorial army battalion and from there he was taken to his unit and the summary court martial proceedings have been initiated on two charges, namely under section-39(b) of army act for over-staying leave granted to him and under section-54(b) of army act for losing by neglect the identity card, which is the property of the government issued to him for his ..... in respect of the proceedings no.a/2406002/525/dv-3 dated 30.11.2011, issued under the signature of 2nd respondent and forwarded by 3rd respondent in the letter dated 31.1.2012 arising out unactioned and returned non-statutory petition of february, 2011 and to quash the same and to further lift the regimental veil in not considering the statutory petition dated 22.12.2011 filed under section-164 of the army act and also to direct the respondents to reinstate the applicant into service with all consequential ..... he would further submit that the other procedures for translation of evidence and recording of findings on conviction, promulgation of verdict have not been followed by the summary court martial as slated in the statute (army act, 1950). .....

ic 28598 Lt Col N.Ganganna Vs. Union of India Through the Secretary an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... now the point for determination in this application/appeal against the gcm is whether the charges levelled against the accused under army act section 52(b) and 52(f) (two counts) and the charge under army act section 63 have been proved by the prosecution beyond any reasonable doubt to sustain the conviction and punishment of dismissal awarded by the general court martial? 26. ..... 3rd charge which was also under the army act section 52(f) as to the effect that at shahdol, on 4th june 1992, while being officer commanding, 7 madhya pradesh (independent) company, national cadet corps, with intent to defraud, permitted no.13678186y havildar surendar kumar singh and no.4173626n naik sumer singh of his unit to use railway warrant iaft-1707, no.b/7-785579 dated 4th june 1992 from shahdol to ahmednagar and back, by showing the counterfoil of the said railway ..... 4th charge, which has been framed under army act section 63, is concerned, the charge is that at shahdol, on 14th march 1992, when officer commanding 7 madhya pradesh (independent) company, national cadet corps, shahdol, improperly issued railway warrant iaft-1707 no.b/7-785574 dated 14th march 1992, for the family and parents (consisting of five members) of no.2666253y havildar kunjraj singh of the same unit, from shahdol to puri and back, well knowing that they were .....

Naik P.Baskaran Versus Secretary to Govt. of India, Ministry of Defenc ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the application filed by the applicant runs as follows:- the applicant was appointed as soldier (gd) in the intelligence corps on 22.05.1987 and is being governed by the army act and army rules. ..... subsequently been tried under :- (i) army act sec 39(a) on 10 feb 2000 and awarded severe reprimand; (ii) army act sec 39(a) on 30 april 2001 and awarded severe reprimand; and (iii) army act sec 63 on 17 may 2001 and awarded reprimand. ..... become a disciplinary case on 27th july 1993 as he failed without sufficient cause to appear at quarter guard duty at 12.45 hrs in violation of 24 wireless experimental unit part i order no.166/1884/93 dated 26th july 1993 and awarded severe reprimand and 14 days pay fine under army act sec 39(d)by commanding officer 24 wireless experimental unit. ..... the show cause notice issued to the applicant dated 23.02.2001, the applicant was informed that he was placed under permanent low medical category with effect from 5th january 2001, no sheltered appointment is available to him and the reason for the discharge is mentioned as he is not considered for further retention in public interest. ..... date of award army act section offence in general punishment awarded punished by a) ..... the details of the punishments referring the sections, nature of punishments and the competent authority, who has imposed the said punishments, have been clearly tabulated at para 3 of the counter filed by the 6th respondent, which is also admitted at para 5 of the application ..... aa section 20(5) .....

Harcharan Singh Premi Vs. the Officer Commanding, Army Military Hospit ...

Court : Chennai

Reported in : (1969)2MLJ373

..... the petitioner filed a review petition to the director-general, armed forces medical service on 7th march, 1967 under section 27 of the army act, 1950, and as the petitioner did not receive any immediate redress on his application for review, he submitted a petition on 9th march, 1967 to the president of india. ..... the court held that a short service commissioned officer as soon as he takes up the commission will become subject to the provisions of the army act by virtue of section 2 (2) and he will remain so subject until he is duly discharged. ..... shortly put, the contention of the learned counsel for the petitioner is that he being a commissioned officer, is governed by the army act and any dismissal and the termination of his service can only be under section 19 of the act, i.e. ..... on behalf of the central government it is submitted that the petitioner was appointed as a commissioned officer under the army instructions and as he was only a temporary commissioned officer, he was governed by army instructions dated 20th october, 1962, paragraph 12, which provides that if an officer, during the probationary period is reported as unsuitable to retain his commission, it will be terminated at any time during or after the probationary period. ..... the petitioner was appointed as a commissioned officer by the president on 18th february, 1967 and was a temporary commissioned officer. .....

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Reported in : (2007)4MLJ140

..... the case against the petitioner was taken by the second respondent general court martial [for short, 'gcm'] exercising option under section 125 of the army act, 1950, which reads as under:section 125. ..... the learned counsel drew the attention of the relevant provisions of the army act and particularly, to section 135 of the army act as well as rules 34, 136 and 137 of the army rules, which read as follows:section 135. ..... in view of the clear direction of the division bench referred to above and also the further safeguards provided under sections 153 and 164 of the army act, this court is unable to entertain the writ petition.17. ..... further, as rightly contended by the learned counsel for the respondents, the findings recorded by the gcm will have to be confirmed by the higher authorities under section 153 of the army act and also a remedy is available to the highest authority under section 164 of the army act. ..... he also drew the attention of this court to sections 153 and 164 of the army act, which read as follows:section 153. ..... had it not been for the binding order of the division bench, this court would have certainly exercised discretion in the matter of examination of defence witness and out of the six names shortlisted by the petitioner, a few witnesses could have been directed to be examined, especially selvi, the maid servant, who is supposed to be an eye-witness, would have been a relevant witness. .....

Poongol Vs. Union of India Represented by Chief of the Army Staff and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... since the order of dismissal dated 19.05.1990 passed under army act section 23 is not in accordance with the provisions of the army act under section 106 and the army rules 179, 181 and 182, we are of the considered view that the order of dismissal is liable to be set aside for the infirmities mentioned above. ..... 6(a) at this juncture, the learned senior central government standing counsel mr.s.haja mohideen gisthi would interpret and say that section 106 of the army act says that if a person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this court, be deemed to be a deserter. ..... point no.1:- according to the respondents, since the applicants younger son ex.no.14269930n m.raman was missing from the unit from the afternoon of 12th march 1987, a court of inquiry was conducted and in the court of inquiry the individual was held to be a deserter from the unit and accordingly, as per section 23 of the army act, the competent authority has dismissed the said individual from service. ..... the individual was dismissed from army service under army act section 30(3) by comdt hq istc after completion of three years from desertion and the same has been published by signals records vide part ii order no.ner/054.56/90, dated 22nd may 1990. ..... section 20 clause 7 of the army act specifically says that the exercise of any power under this section shall be subject to the said provisions contained in this act and the rules and regulations made thereunder .....

Shaik Karimulla (Ex-service – No. 2582718-h) Versus the Secretary ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... for over-staying of leave from 8th october 1991 to 10th december 1991 (64 days), the petitioner was tried under section 39(b) of army act and awarded punishment of dismissal from service by summary court martial with effect from 26th december 1991. ..... the ground of over-staying of leave, the petitioner was dismissed by the fourth respondent under section 39(b) of the army act without giving any sufficient reason vide proceedings no.2582718/p dated 26.12.1991. ..... absenting himself without leave from 9th august 1990 to 11th october 1990 (64 days), the petitioner was tried and awarded punishment of 26 days rigorous imprisonment in military custody and 14 days pay fine under section 39(a) of army act. ..... , on 16 and 17 october 1984, the petitioner was tried under section 39(a) of the army act and awarded punishment of 28 days of imprisonment in ..... it is further seen from para 113(c) of the pension regulations for the army 1961 (part i), that if an individual is discharged under the provisions of the army act, then he will be eligible to get pension or gratuity and if an army personnel has qualifying service then the army personnel discharged from service will be entitled to pension as well as gratuity as per ..... was sentenced to be dismissed from service by summary court martial on 26th december 1991 for committing an offence under section 39(b) of army act without sufficient cause overstaying leave granted to him. ..... properties and others), 1994(4) scc 711 (oil and natural gas commission vs. .....

R. Chatterjee Vs. Sub Area Commander H.Q. Madras

Court : Chennai

Reported in : AIR1951Mad777; (1951)1MLJ258

..... :'we are clearly of opinion that, where a commissioned officer accepts, an appointment to service in one of her majesty's ships in commission, and enters upon the performance of his duties, he subjects himself to the provisions of the navy discipline act, and at his own will & pleasure cannot resign his appointment, and may be tried by court-martial for any of the offences specified in the act.'8. ..... xlvi [46] of 1950 designated the army act, 1950 which came into force on 22-6-1950, though it has ..... section 7(2), indian army act, 1911, defines an indian commissioned officer as a person commissioned, gazetted or in pay as an officer holding a commission in the regular army, & includes, in relation to a person subject to the act, when serving under such conditions as may be prescribed, a person holding a commission in ..... to consider the question as to how far until the enactment of article xlvi [46] of 1950, subsequent to the inauguration of the be.public, the provisions of the indian army act & rules have any validity & force. ..... if that request cannot be complied with to release him as early as possible as would be completing hia term of service for which he was engaged for, by 6-7-1950, both these documents show, that far from intending to leave the army on the completion of the first extension of service on 5-7-1950, the petnr, was anxious that he should have a further extension from the expiry of the first extension & therefore it cannot be said that he was unwilling tp continue .....

In Re: Rama Swami Goundar

Court : Chennai

Reported in : AIR1969Mad321; 1969CriLJ1143

..... nature, it would be impossible for the magistrate to follow the procedure under section 549.then the whole question turns on the point whether the person brought before the magistrate is a person subject to the provisions of the indian army act. ..... law, is brought before him, charged with an offence for which he is liable to be tried either by a court to which the criminal procedure code applies or by a court martial, to have regard to the rules framed under section 549 (1) and deliver such person to the commanding officer of the regiment, corps or establishment to which he belongs for the purpose of being tried by the court-martial. ..... letter addressed by the military authorities that the accused was a serving sepoy during the time of his arrest and conviction, and he would be subject to the provisions of the indian army act. ..... to that of section 4-a of the prohibition act by a sepoy can be tried and punished by a court martial and under section 549 crl. ..... whatever the position may be, taking the facts of the present case, it would be unfair to quash the proceedings and allow the accused to be tried by the court martial in view of the fact that he had served the ..... report to the district magistrate (j) tiruchirapalli, stating that neither the accused nor the police brought to his notice that the accused was a serving sepoy and therefore it was not possible for him to follow the procedure laid down in rule iv of the criminal courts and court martial (adjustment of jurisdiction) rules, 1952. .....