Judgment Search Results Home > Cases Phrase: army act 1950 section 116 summary court martial Page 15 of about 10,253 results (0.199 seconds)

Om Prakash and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1996WLC(Raj)UC136; 1995(2)WLN67

..... of the constitution, made the requisite modification to affect the respective fundamental right. accordingly, their lordships of the supreme court have held that provisions of section 125 of the army act are not discriminatory and do not infringe the provisions of article 14 of the constitution.27. on the other hand, the learned counsel appealing for the ..... list i: naval, military and air force and any other armed forces of the union, would enable parliament to enact the army act and armed with tis power the act was enacted in july 1950. it has to be enacted by the parliament subject to the requirements of part iii of the constitution read with article 33 ..... to be reasonable.30. the phrase reasonable restriction' came up for consideration, before their lordships of the supreme court in chintamanrao v. state of m.p. : [1950]1scr759 , wherein it has been observed as under:the phrase 'reasonable restriction' in article 19(6) connotes that the limitation imposed on a person in enjoyment of the .....

Sepoy/Chef (U) Raj Kumar Versus Union of India Through Its Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... a court order to the same effect is passed, it should be given due consideration while dealing with the question of alteration in allowance. (b) the existing note 5 to army act section 120 be deleted. 2. the above amendments shall come into effect from the date of issue of these orders. yours faithfully, sd/- (s.i. barodia) desk officer ..... s case the ground upon which the trial was held to be vitiated by the allahabad high court was that there was a breach of section 120 sub section 2 of the army act and that there was an absence of circumstances indicating the existence of any grave reason or immediate action justifying the holding of a summary court martial ..... on every date of over stayal and the trial was therefore not barred by limitation. moreover, an order has been passed by the reviewing authority under section 163 of the army act substituting the finding of the court martial and confining the punishment given to the petitioner would be in respect of the over stayal for three years .....

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

Court : Chennai

Reported in : (1969)2MLJ373

..... the president on 18th february, 1967 and was a temporary commissioned officer. the army act, 1950, is applicable to the persons mentioned in section 2 of the act. section 2 (1) (a) states that officers, junior commissioned officers and warrant officers of the regular army are persons subject to the act. an ' officer ' is defined under section 3 (xviii) as meaning ' a person commissioned, gazetted or in pay as ..... on 27th february, 1967. the termination of the commission is stated to be under paragraph 12 of the army instructions 231. 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 .....

Capt. Parveen Rawat and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

..... herein, were found to be involved in the scam and consequently g.o.c. 14 corps directed initiation , of action under army act 1950 against them for various acts of omission and commission punishable under army act. pursuant to his directions petitioners were removed from their respective posts on which they were posted and were attached to different units ..... served upon petitioner nos. 3&4. petitioner no. 3 has been charged for commission of offence under section 52f and 45 of army act whereas petitioner no. 4 for commission of offence under section 69 of the said act. summary of evidence is being collected and recorded. it is admitted case of the petitioners that they have ..... the case before the supreme court the appellants who had been convicted by court-martial for offences under the army act and were undergoing imprisonment had applied for benefit of the provision of set off contained in section 428 of central cr.p.c. the high court of punjab and haryana had rejected their claims. their .....

Union Of India, Ministry Of Defence, New Delhi and Others Vs. Minter M ...

Court : Karnataka

..... issued to the employee prior to the dismissal and also the dismissal order: "show cause notice: 1. reference:- (a) army act sec. 40(a) of manual of military law volume ii. (b) army act section 20 read with army rule 17 of manual of military law volume ii. 2. it has been noticed that you lack the desired standard of ..... employee misbehaved with a military person and was reprimanded and secondly, for the misconduct dated 7/18.03.1994, for the misconduct attracting punishment under section 40 of the army act. this section deals with offences relating to the 'use of criminal force or assault, by using threatening language to such officer or using insubordinate language to ..... was called upon to show cause as to why his service should not be terminated under the provisions of army act section 40(a) of manual of military law volume 2 read in conjunction with army act section 20 and army rule 17, but on the employee admitting the allegation and apologizing for the same, the competent officer has .....

Lt. Col. Vijaynath Jha Vs. Union of India and Others

Court : Supreme Court of India

..... the army act, 1950, the navy act, 1957 and the air force act, 1950. section 2 deals with the applicability of the act, which is to the following act:- 2. applicability of the act : (1) the provisions of this act shall apply to all 9 persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950. (2) this act shall also apply to retired personnel subject to the army act, 1950 or the navy act, 1957 ..... or the air force act, 1950, including their .....

Naik Ravi Pratap Singh Vs. Union of India and Others

Court : Allahabad

Reported in : 1998(4)AWC392

..... and in deciding that the disciplinary proceedings should be proceeded with.3. in elaborating his said contentions, mr. mukherjee led me through various sections, rules and regulations of the army act, army rules and army regulations which shall be dealt with at appropriate stage. he also relied on a few decisions cited at the bar which shall be dealt ..... from the facts and circumstances of this case, relying on the said case. mr. mukherjee sought to argue that the note appended to the sections of the army act are part of the act. but the said contention is misplaced as has been held in the case of havildar clerk dharam singh v. union of india, 1996 (1 ..... the proceeding is vitiated by reason of non-compliance of rule 22.5. shri shishir kumar has taken me through various records as well as sections, rules and regulations of the army act, rules and regulations respectively. similarly mr. mukherjee has taken me through various records and materials placed before this court. shri shishir kumar had .....

Pradeep Kumar Singh Vs. the Chief of Army Staff and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 6. section 38(1) of the army act, 1950 means that a person deserts or attempt to desert. the expression desert has not been defined but plain and simple meaning / definition of ..... an absentee under aa s. 106 is not by itself a deciding factor if other evidence suggest the contrary. note which elaborates the scope of section 38 of the army act, 1950 for the purposes of administrative convenience clearly says that intention has to be seen with reference to the evidence laid by the delinquent and the emphasis ..... (1) of desertion. more appropriately this is a case where a person has remained absented without leave i.e.section 39 of the army act, 1950 reads as under: absence without leave - any person subject to this act who commits any of the following offences, that is to say- (a) absents himself without leave; or (b) without sufficient cause .....

L/Nk Roop Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... by stating that the authority, under which administrative action could be taken against the appellant notwithstanding the finding and sentence of the scm, is contained in army act section 20(3) and army rules 13 and 17, which specifically provide that any individual can be removed from service if convicted by a court martial and his retention in service is ..... reply of the appellant was considered by the appropriate authority and not finding any justifiable reason for retention in service, his services were terminated in terms of army act section 20 and army rule 17 and there was nothing illegal or irregular or mala fide in such action of the respondents. 4. it was next argued by the appellant that ..... to the authority to decide as to which court should try an accused. it is not for the accused, in any situation, to question the provisions contained in army act section 125. it is for the magistrate to decide whether the case is to be tried by the criminal court or not, and if he feels so, he .....

r.s.kadian vs.union of India and Ors

Court : Delhi

..... a gcm which exonerated him of all the charges. the confirming authority did not confirm the said verdict instead exercised the right of judicial revision under section 160 of the army act and remanded the matter to the gcm with directions. 82.2 on remand the gcm recorded additional evidence examined some more documents but again reiterated its ..... time barred action. further it had come in the way of his promotion to the rank of lt. colonel. his representation challenging the action under section 16 (2) of the army act was rejected by the competent authority. 82.4 this court referred to the decision in dharam pal kukrety and the earlier decisions in harjeet singh sandhu ..... the findings of a court martial given on the 2nd occasion after remand of the case in exercise of the power exercised by the said authority under section 160 of the army act. b) unless the findings of the court martial holding an accused guilty or not guilty are confirmed, the accused can neither be treated as guilty nor .....