Judgment Search Results Home > Cases Phrase: army act 1950 section 116 summary court martial Sorted by: recent Court: delhi Page 1 of about 1,606 results (0.178 seconds)

Manjit Singh Vs. Union of India and ors.

Court : Delhi

..... regiment.4. the charges for which the petitioner was tried at the summary court martial were two in numbers. the first was for the offence under section 36(d) of the army act, 1950 i.e. without orders from the superior officer leaving his guard. it was alleged that while on duty the petitioner left the quarter guard between 04 ..... 05:45 hours on january 04, 2000 without permission from his superior officer. the second charge was of having committed an offence under section 49(b) of the army act 1950 on the allegation that the act of being away from the duty place facilitated a prisoner yadhwinder singh to escape from the custody.5. we need not note the evidence ..... not arise. hence, the second charge was not even maintainable.9. the truncated argument is based on a convoluted logic. section 49(b) of the army act 1950 makes it an offence where a person subject to the act commits the offence of wilfully or without reasonable excuse allowing any person to escape who is committed to his charge or .....

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT202

..... in which an scm can be convened rather than a general courts martial (gcm) or district courts martial (dcm) or summary general courts martial (sgcm) as envisaged in section 108 of the army act, 1950 (army act for short).2. in cwp 2511/1992 the petitioner, ex. l nk vishav priya singh, has alleged that he had made complaint against the co, 19th batallion mahar regiment ..... the judge advocate....24. per contra respondent 1 in his affidavit has submitted that the notes under the sections and rules as are found under various provisions of law compiled by the army authorities in the manual of military law do not form part of the army act, 1950 and army rules, 1954. the rules of 1954 are stated to have been borrowed from the indian .....

Constable Uma Shankaran vs.union of India and Ors.

Court : Delhi

..... attachment during the course of trial by such accused by convening, constituting and completing scm in the manner known to the law i.e. strictly confines to section 116 and 120 of the army act, 1950. the second aspect was the convening of the scm itself. here the supreme court fully endorsed and affirmed the view of the high court that scm is ..... the judgment in union of india v. vishav priya singh (2016) 8 scc641 7. mr. kapoor explained that earlier the... petitioner faced proceedings in july, 2002 under section 40 of the bsf act alleging that he was in possession of the resources disproportionate to his known sources of income, after he had sent demand drafts (dds) in the sum of rs ..... , on 5th january, 2005, the sentence of dismissal from service by w.p.(c) 4680/2006 page 2 of 10 the ssfc. thereafter his statutory petition under section 117 of the bsf act was rejected by the dig on 22nd november, 2005.5. rule was issued in the present writ petition on the first day of its listing i.e. 27th .....

Sepoy Brij Lal Vs. Union of India and ors.

Court : Delhi

..... was on account of his voluntarily causing injury to himself with intent to render himself unfit for service and, therefore, he committed an offence under section 46 (c) of the army act, 1950. a charge sheet was issued in this regard on 1 st october, 2002. summary of evidence was undertaken sometime in september, 2002. five prosecution ..... march, 2002. it was alleged that on 21st march, 2002, approximately at 1130 hours he returned back and subsequently he was supposed to clean the bunker, section wise and carry out improvement of camouflage. he was later deployed along with three others for an ambush under the command of lance naik chander shekhar pal. ..... 17th march, 2003, passed by the general officer, commandingin-chief, northern command, rejecting his statutory representation.2. briefly the facts are that the petitioner joined the indian army in august 1999. apparently, he had taken 30 days annual leave in february, 2002; he rejoined duty, according to the schedule, on 20 th march, 2002. .....

Sarvinder Singh & Anr. Vs.the Chief Manager, Punjab National Bank & Or ...

Court : Delhi

..... the assistance of the police, on 13th december, 2019; and, (iii) order dated 2nd november, 2019 of the cmm being on the application of pnb under section 14 of the sarfaesi act.6. the plaintiffs have valued the suit for the purposes of jurisdiction at rs.2.50 crores and for the reliefs of declaration at rs.200/- and for ..... order where consequential relief is claimed, shall be valued at the amount at which the plaintiff values the suit, with ad valorem court fees paid thereon. section 8 of the suits valuation act, 1887 provides that the valuation for the purposes of jurisdiction shall be same as the valuation for the purposes of court fees. thus if the suit were ..... as per the statement of the plaintiff, at the amount at which the plaintiff values the relief sought and ad valorem court fees paid thereon and vide section 8 of the suits valuation act, the valuation thereof for the purpose of jurisdiction is to be the same.13. there is however a common perception amongst the lawyers, that a suit .....

Meena Oberoi vs.cambridge Foundation School and Ors

Court : Delhi

..... stipulation in that behalf contained therein; or (c) ground of continued ill-health; termination of the service of a workman on the the non-renewal of section 25f, id act 25f. conditions precedent to retrenchment of workmen. no workman employed in any industry who has been in continuous service for not less than one year under ..... their employment.49. of this court held as under: (scc p. 503, para7) in principal v. presiding officer16, a division bench 7. sub-section (2) of section 8 of the act ordains that subject to any rule that may be made in this behalf, no employee of a recognised private school shall be dismissed, removed or reduced ..... challenge, as urged by the petitioner, before the learned tribunal, viz., that the impugned order, dated 21st july, 2009, was issued in violation of provisions of section 25f of the id act, too, in my opinion, has merit. the decisions, already cited hereinabove, clearly establish, beyond doubt, that the termination of the petitioner s services amounted to .....

Arun Kumar vs.dr. Harsh Vardhan

Court : Delhi

..... assets of total purchase price of rs.85,35,673/-, there again is no averment showing how the said information given in the affidavit falls foul of section 123 of the act.19. in lalit kishore chaturvedi vs. jagdish prasad thada and others, (1990) supp scc248 the supreme court emphasised on the election petition containing concise ..... disclosure of the purchase price of the property and the non-declaration of the source of income of the spouse amounts to corrupt practice under section 123(2) of the act and that these grounds spell out a cause of action for setting aside the election of the respondent.6. the petitioner places reliance on the ..... disclosure of assets and sources of income of the candidates and their associates would constitute a corrupt practice falling under heading undue influence as defined under section 123(2) of the 1951 rp act. we, therefore, allow prayer 2.7. the respondent has filed the present application seeking summary dismissal of the above election petition of the .....

Rohinton Edalji vs.arvind Rai & Ors

Court : Delhi

..... to be established in a regular suit. while dealing with an application under section 192 of the act, obviously there has to be some consideration of the genuineness of the will. but it cannot be in a conclusive and detailed manner as has been ..... and conclusive conclusions/decisions arrived at it cannot be said that there has been a proper exercise of the power conferred while dealing with an application under section 192 of the act.23. in the case at hand by several orders/judgments on earlier occasions/stages, it has been specifically held that the genuineness of the will has ..... in favour of the... petitioner. 13. notice has been issued in the said petition on 2nd june, 2018. the... petitioner, thereafter, filed a petition under section 192 of the indian succession act, 1925, seeking the following reliefs: in the circumstances, it is most respectfully prayed that this hon ble court may be pleased to: a. pass an order .....

Vinay Varma vs.kanika Pasricha & Anr.

Court : Delhi

..... of the husband, statutory prescription would indeed enable the wife to claim right of residence' since it would fall within the realm of shared household' as contemplated under section 2(s) of the act irrespective of whether she or her husband has any right, title or interest in the shared household . cm (m) 1582/2018 page 21 of 40 48. ..... property of appellant no.2, mother of amit batra. hence it cannot be called a shared household .30. no doubt, the definition of shared household in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does ..... alternative accommodation. for alternative accommodation can only be made against the husband and not against the husband's (sic) in-laws or other relatives.29. as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house .....

Ramanpreet Kaur vs.union of India & Anr.

Court : Delhi

..... on the same day as the detenue and foreign origin cigarettes in commercial quantity were recovered from them. he stated that in their voluntary statements under section 108 customs act, the aforementioned four persons had stated that the detenue was the owner of the goods recovered from them and they had been carrying the said goods ..... mr. sourabh chopra, mr. amarjeet singh and co-accused/partner of the detenue mr. gurpreet singh. perusal of the voluntary statements made by them under section 108 of the customs act shows that they had been carrying the recovered goods on the instructions of the detenue and he was in fact, the real owner of all the goods ..... an issuance of a writ in the nature of certiorari to quash detention order dated 11th march, 2019 passed against the detenue under section 3(1) of conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as cofeposa) by respondent no.2 as well as order dated 07th june, 2019 passed under .....