Judgment Search Results Home > Cases Phrase: army act 1950 section 10 commission and appointment Court: punjab and haryana Page 1 of about 333 results (0.146 seconds)

Present: Mr. Arun Singla Advocate Vs. Union of India and Others

Court : Punjab and Haryana

..... act, 2007 (hereinafter referred to as the 'act') on 20th december,2007 to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrollment and conditions of service in respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to provide for appeals arising out of orders.findings or sentences of courts-martial held under the said acts, and ..... every suit, or other proceeding pending before any court including a crwp no.221 of 2000(o&m) -3- high court or other authority immediately before the date of establishment of the tribunal under this act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the tribunal, if it had arisen after such establishment ..... receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of section 14, from the stage which was reached before such transfer or from any earlier stage or de novo as the tribunal may deem fit. ..... (2) where any suit, or other proceeding stands transferred from any court including a high court or other authority to the tribunal under sub-section (1), (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the tribunal; (b) the ..... section 34 of the act .....

Hony/CaptaIn Surinder Singh Sandhu (Retd.) Vs. State of Punjab and ors ...

Court : Punjab and Haryana

Reported in : (1990)97PLR259

..... 1950 (hereinafter referred to as 'the act'), whereby clause (xii) thereof, a 'junior commissioned officer' has been defined and by clause (xviii) an 'officer'. ..... 4, one of the essential qualifications for appointment to such post is that the person concerned must be an ex-commissioned officer of the armed forces.3. ..... reference was, in this behalf, made to section 3 of the army act. ..... sehgal, counsel for the petitioners sought to contend that once commission as officer has been granted, even though it was an honorary commission, the petitioners must be deemed to be commissioned officers and would thus fulfil the qualification of being ex-commissioned officers of the armed forces. ..... a plain reading of this regulation would show that it provides a complete answer to the point canvassed in simple and clear language it lays down that the status of junior commissioned officer is not affected by the grant, to him, of an honorary commission in the army. ..... bedi, advocate-general, punjab, on his part adverted to the defence service regulations framed by the central government under section 192 of the act, with pointed reference to regulation 179, which reads as under :'(a) the status of a j. c. o. ..... the point of issue has been arisen in the context of appointments to the post of assistant district sainik welfare officer. ..... no exception can thus be taken to them being held to be ineligiable for appointment. .....

Ravail Singh and ors. Vs. State of Punjab Through the Chief Secretary ...

Court : Punjab and Haryana

Reported in : (1999)123PLR290

..... section 26, makes every member of an air force reserve or the auxiliary air force is called for training and for service under the act shall be subject to the air force act, 1950 and the rules made thereunder in the same manner as the persons belonging to air force holding the same rank.9 ..... force act, 1950 applies to all persons belonging to the regular air force reserve or the air defence reserve or the auxiliary air force in the circumstances specified in section 26 of the reserve and auxiliary air force act, 1952 (vide section 2(c).8. ..... in view of the provisions of indian force act, 1950 and the reserve and auxiliary air force act, 1952 which have been referred to above, i have no manner of doubt that the persons who have been enrolled under the reserve and auxiliary air force act, 1952 are members of indian air force and, therefore, they have to be treated as members of the military ..... under 1965 rules, the expression 'military service' means enrolled or commissioned service in any of the three wings of the india armed forces including service as a warrant officer rendered by a person during the period of operation of the proclamation of emergency made by the president under article 362 of the constitution on ..... is also no dispute of the fact that the 2nd respondent who was appointed as assistant joined as such in the government of punjab on 19.12.1973.4. ..... under clause (xix) of section 4, the 'force' means the regular army, navy and air force or any part of any one or more of .....

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2006)144PLR97

..... sub-clause shall be applied; e) imprisonment awarded by a criminal court, or imprisonment or field punishment awarded by a court martial, or an officer exerting authority under section 80 of the army act, 1950; note: in case the sentence of imprisonment or punishment is suspended, the individual will be entitled to draw full pay ..... a person, subject to the army act, 1950 will forfeit his pay and allowances (including expatriation allowance) for every day (as defined in section 92 of that act) of: a)desertion; b) absence without leave; c) absence as a prisoner of war; d) the period between recovery from the enemy and dismissal from the service in the case of a recovered prisoner of war in respect of whom a court of inquiry convened under rules 178 and 179 of the army rules, 1954, has recommended and convening officer has decided that the provision of this ..... f) confinement on a charge for an offence of which he is afterwards convicted by a criminal court or court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment or field punishment by an officer exercising authority under section 80 of the army act, 1950; note: jcos and ncos under 'close arrest', but not in confinement, will incur no forfeiture of pay and allowances. .....

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

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... under section 19 of the army act, 1950 read with rule 14 of the army rules ..... army act section 63 for 'an act prejudicial to good order and military ..... the learned advocate general has not been able to site any rule or provision of the army act which may show that any law has been made by the parliament under article 33 of the constitution of india restricting the enjoyment of rights available under article 16 of the constitution of india to the petitioner and in that view of the matter, i am of the opinion, that a member of the armed forces is entitled to ..... enable the authorities to adopt the sealed cover procedure.d) the promotion cannot be withheld merely because some disciplinary proceedings are pending against the employee.e) when an employee is completely exonerated in criminal/disciplinary proceedings and is not visited with the penalty even of censure indicating thereby that he was not blameworthy in the least, he should not be deprived of any benefits, including the salary of the promotional post.f) ..... factual position in this case it is necessary to note down the major dates and events during the course of the service career of the petitioner.dates events27.09.1963 the petitioner was commissioned as second lieutenant.30.08.1983 he was promoted as lieutenant.13.2.1985 he made an application ..... confidential circular dated 18.4.1979 issued by the adjutant general's branch, army headquarters on the subject of 'award of censures to officers and junior quarters commissioned officers. .....

Jagraj Singh (No. 14412115k) Vs. Union of India and Others

Court : Punjab and Haryana

..... absenting himself (red ink entry) without leave and intoxication) (d) army act section 39(a) - 28 days rigorous imprisonment and section 48(i) and 14 days detention awarded (absenting himself on ..... red ink entry) without leave and intoxication) (e) army act section 48 - 07 days rigorous imprisonment (intoxication) and 07 days pay fine awarded on ..... red ink entry) without leave and intoxication) (c) army act section 39(a) - 14 days rigorous imprisonment and section 48(i) awarded on 21 dec ..... (b) army act section 39(a) - 07 days rigorous imprisonment and section 48(i) ..... contentions of the learned counsel appearing for the respective parties, the gist of the disparaging entries which have been awarded to the petitioner may be noticed which are as follows:- (a) army act section 39(a) - 07 days rigorous imprisonment (absenting himself awarded on 25 dec 1997. ..... if such a cours.is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/discharge of undesirable jcos/wos/or 4. ..... the corps or department to which the person to be discharged belongs except that in the case of junior commissioned officers and warrant officers of the special medical section of the army medical corps, the commanding officer . ..... no.6991 of 2012 (o&m) [11].of the medical services, army, and in the case of junior commissioned officer and warrant officers of remounts, veterinary and farms.corps, the commanding officer . .....

Union of India (Uoi) and anr. Vs. Ajaib Singh No. 1256394 Wex-gunner ( ...

Court : Punjab and Haryana

Reported in : (1997)117PLR819

..... it is significant to note that there is no mention of the summary court-martial in section 130(1) of the army act and, as such, there is merit in the contention of learn ' counsel for the appellant that the provisions of section 130 are not applicate to the proceedings under trial before the office conducting the summary court- ..... the writ petitioner/respondent further challenged the validity of the trial and consequential punishment on the ground of non-compliance of section 130 of the army act because of the reason that the officer holding the summary court martial did not ask him (the writ petitioner) if he objected to be tried by the said officer holding the court martial ..... it was further contended by the appellants that as per provisions of pension regulation para 123(c)(t) the petitioner after his punishment under section 38(1) of the army act was required to serve minimum period of three years in an exemplary manner after completion of the punishment in order to become eligible for ..... controverting this averment of the writ petitioner, the appellant/union of india contended that if bare perusal of section 130 of the army act would go to show that it relates to all the trials by general, district or summary general court-martial and it omits the proceedings before the summary court-martial. ..... it was held that the non-compliance of the mandate of section 130 of the army act is an infirmity, which goes to the root of the jurisdiction and without more, vitiates the proceedings. .....

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

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no ..... 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 relation to such a person is exclusively triable by a criminal court if the person is on active service at the time of commission of the aforesaid offence then both the criminal court and court martial will have concurrent jurisdiction to try the accused in respect of the offence ..... stand taken by the respondents is that the petitioner was on annual leave from 4.5.1992 to 2.7.1992; further stand taken by the respondents is that the petitioner was not on active army service at the time of commission of offence and, therefore, could only be tried by a ordinary court of criminal jurisdiction and not by the military authorities.6. ..... petitioner has filed the present writ petition with a prayer that the orders annexures p-3, p-4 and p-5 be quashed as the petitioner could not be tried in any ordinary criminal court at narnaul as the petitioner was in active service of military at the time of commission of the offence and he could only be tried by the military authorities by constituting a court martial.5. ..... in their written statement have admitted that petitioner was employed as a sepoy at the time of commission of the offence. .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. ..... after reinstating petitioner no.1 notionally, the provisions of section 123 of the army act were invoked and petitioner no.1 has again been put to trial by general court martial for the same very allegations for which earlier he was tried but the proceedings were set aside. ..... petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. ..... three out of these were under section 63 of army act whereas 4th charge was under section 57 (a) of the act. ..... however, on a petition filed under section 164(2) of the army act, the court martial proceedings were set-aside on 12.02.2004. ..... a process to dismiss the petitioner administratively under section 20 of the army act was then initiated. ..... in addition, petitioner no.1 is the one, who has been ordered to be discharged on the due date of his superannuation but jurisdiction has been exercised by invoking the provisions of section 123 of the army act. ..... not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. .....

No.143740509k Hav/Clk Surinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... section 122 of the army act clearly provides that where the commission of the offence was not known to either the person aggrieved by the offence or to the authority competent to initiate action, the firs.day on which such offence comes to the knowledge, would be the date ..... dcm and sgcm are convened by the officers authorised in this regard as given in sections 109, 110 and 112 of the army act but scm is held by co as laid down in section 116 of the army act. ..... section 122 of the army act provides for a period of three years for holding a trial by court martial of any person for any offence and no court martial shall be commenced after the expiration of period of three years.section 122 of the army act is as ..... of the petitioner is that he was put to trial by summary court martial despite these infirmities in the pre-trial proceedings and was ultimately charged and punished for an offence under section 57 of the army act, which was time barred. ..... in the plea raised by the petitioner that the charge against him was time barred in view of the clear provisions contained in section 122 of the army act and would reject this plea. ..... this circular is as under:- the law on the subject has to be determined with reference to army act sections 116, 3(v) and 120. ..... the petitioner would also allege that the summary of evidence was recorded without following due procedure of law and was concluded without affording any opportunity to the petitioner to producing defence witnesses despite his request made .....