Judgment Search Results Home > Cases Phrase: army act 1950 section 116 summary court martial Sorted by: recent Court: supreme court of india Page 1 of about 2,107 results (0.338 seconds)

Vidya Parkash Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC705; JT1988(1)SC284; 1989LabIC1205; 1988(1)SCALE313; (1988)2SCC459; [1988]2SCR953; 1988(1)LC588(SC)

..... that the appellant was tried by a summary court martial and not by a general or district court martial and army rule 39(2) does not apply to summary court martial constituted under section 116 of the army act, 1950. it has been further stated that a summary court martial may be held by a commanding officer of any ..... corps, department or detachment of the regular army, as stipulated by section 116(c) of the army act. it has been submitted that the appellant has been ..... been convened by the commanding officer of the corps according to the provisions of the army act, 1950, the first submission made on behalf of the appellant fails.14. chapter 6 of the army act specifies the offences and also the punishments for such offences. section 39(a) specifies that to be absent without leave constitutes an offence and .....

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

..... ), he absented himself from unit unauthorisedly while in active service. on 03.08.2001, col. a.s. sehrawat, commandant, under his signature served a charge sheet under section 39(a) of the army act, 1950 (for short, 'army act') on the respondent for the absence without leave for 808 days. the commandant constituted summary court- martial to try the respondent for the above charge. the respondent ..... .r.o. 318 dated 6th december, 1962 (as amended by s.r.o. no. 325 dated 31st august, 1977). - in exercise of the powers conferred by sub-section (1) of section 4 of the army act, 1950 and in supersession of the notification of the government of india in the late affair department no. 93-x dated 25th june 1942, as subsequently amended, the central .....

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

Court : Supreme Court of India

Reported in : 2007(2)JKJ55[SC]; JT2007(6)SC1; 2007(6)SCALE1

..... for a period of 2= months was treated as misconduct and summary court martial was convened in terms of section 116 of the army act, 1950 (hereinafter referred to as the 'act'). he was charged under section 39a of the act by order dated 7.8.1989 for having remained absent from duty without leave. he was tried and punished by ..... it and to follow the procedural safeguards. if one looks at the provisions of law relating to court-martial in the army act, the army rules, defence service regulations and other administrative instructions of the army, it is manifestly clear that the procedure prescribed is perhaps equally fair if not more than a criminal trial provides to the ..... officiating commanding officer was not competent to convene summary court martial was without substance in view of the definition of 'commandant officer' as given in section 3(v) of the act. so far as the denial of legal assistance is concerned, it was noted that the appellant admitted that major d.p. naikavde was named as .....

Union of India Vs. Ranjit Thakur

Court : Supreme Court of India

Reported in : JT1988(4)SC167; 1988(2)SCALE1618; (1989)2SCC438

..... -judgment dated 15-10-1987 of this court, the contention of me appellant therein noticed and dealt with as contention a(i) proceeds the premises that section 130 of the indian army act, 1950 (act) stood attracted to the proceedings of the court martial which culminated in the imposition of the penalty on the appellant. there is, however, an obvious ..... error in this assumption as to the nature of the proceedings of the court martial in this case. section 130 of the 'act' would be attracted, inter alia, if ..... court martial'. but it is not disputed that the court martial in this case was a 'summary court martial' the constitution of which was regulated by section 116(1) of the act.3. the purpose of the review petition would be served if the contention at point a (i) as also the finding on that point in the .....

Randhir Singh Vs. Union of India

Court : Supreme Court of India

..... on the part of the spouse of the victim. 6 on the question of law, it was urged that having due regard to the provisions of section 120 of the army act 1950 and the decision of this court in ex havildar ratan singh vs union of india & ors3 and in union of india and others vs vishav priya singh4 ..... on which the submissions of the appellant would be worthy of acceptance. 9 section 120 of the army act, 1950 provides as follows: 120. powers of summary courts- martial. (1) subject to the provisions of sub- section (2), a summary court- martial may try any offence punishable under this act. (2) when there is no grave reason for immediate action and ..... ex-havildar ratan singh (supra). subsequently in vishav priya singh (supra), a three judge bench of this court, while interpreting section 120, has observed thus: 19. section 116 of the act empowers the co of any corps, department and detachment of the regular army to hold an scm and specifically states that he alone shall constitute the court. sub .....

The Patna Municipal Corporation Vs. M/s Tribro Ad Bureau

Court : Supreme Court of India

..... the corporation. however, at this very stage, we are also equally unhesitant to hold that the resolution to charge enhanced royalty in exercise of purported power under section 4318 of the act was misplaced as royalty is not tax. it has been authoritatively clarified by this court that royalty and tax are not one and same. as such, the ..... where there is an implied term to that effect or that is the true meaning of the contract. denning, j., was dealing with a case of a serving army officer, who wrote to the war office regarding a disability and received a reply that his disability had been accepted as attributable to military service . relying on that ..... of tax/fee/royalty on advertisement(s) since it has been made without any legislative sanction and is, thus, violative of article 4 2653 of the constitution of india, 1950 (hereinafter referred to as the constitution ). the division bench further directed that all amounts recovered by the appellants herein on this count i.e., by way of tax .....

Omkar Vs. The Union Of India

Court : Supreme Court of India

..... range, this is the criterion.40. it is in matters like this that the principles of reasonable accommodation should come into full play. section 2(y) of 28 the rpwd act, defines reasonable accommodation to mean necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ..... 13.05.2019 read with the appendix h-1 guidelines in a manner as to further the objectives of the rpwd act. the reasonable accommodation as defined in section 2(y) of the rpwd act should not be understood narrowly to mean only the provision of assisting devices and other tangible substances which will aid persons ..... right to education for pwd. thus, a right to education is essentially a right to inclusive education. in india, the rpwd act, 2016 provides statutory backing to the principle of inclusive education. section 2(m) defines inclusive education as: 2. (m) inclusive education means a system of education wherein students with and without disability .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... act, 1871. 141 section 9, criminal tribes act, 1871. 142 section 10, criminal tribes act, 1871. 143 section 12, criminal tribes act, 1871. 144 sections 13, 14, criminal tribes act, 1871. 145 section 17, criminal tribes act, 1871. 146 section 18(ii), criminal tribes act, 1871. 147 section 18 (viii), criminal tribes act, 1871. 148 section 18 (iv), criminal tribes act, 1871. 149 section 18(v), criminal tribes act, 1871. 150 section 18(v), criminal tribes act, 1871. 151 section ..... could be passed by government or officers authorised by them.290 215 the rajasthan habitual criminals (registration and regulation) act, 1950 defined habitual criminal as a person who being a member of a notified tribe who within the prescribed period, has ..... which operate within an unjust structure. applying the above principles, the court concluded that the process adopted by the army to grant permanent commissions to women officers did not redress the harms of gendered discrimination that were identified by this .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... of india. it is, therefore, necessary to consider the categories of services concerning land and buildings, which are within the purview of the cgst act. section 2(102) defines service as meaning anything other than goods, money and securities but includes activities relating to the use of money or its conversion ..... , per se, the particular provision does not become unconstitutional. the court cannot impose its views on the legislature.63. now, we come to the challenge to sub-section (4) of section 16 of the cgst act, which reads thus: 16. eligibility and conditions for taking input tax credit. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (4) a registered ..... plant or machinery , what is the meaning of the word plant ?. and (iii) whether clauses (c) and (d) of section 17(5) and section 16(4) of the cgst act are unconstitutional?. rules regarding the interpretation of taxing statutes25 regarding the interpretation of taxation statutes, the parties have relied on several decisions. .....

K. Bharathi Devi Vs. The State Of Telangana

Court : Supreme Court of India

..... -b read with 420, 409, 467, 468 and 471 of indian penal code 1860 ( ipc for short) and section 13(1)(d) and 13(2) of the prevention of corruption act 1988 ( pc act for short) have been 3 committed. the cbi filed charge-sheet dated 27th december 2013 in the trial court and prayed that the trial court take ..... tribunal, the accused was being proceeded with for the commission of the offences under sections 120- b/420/467/468/471 ipc along with the bank officers who were being prosecuted under section 13(2) read with 13(1)(d) of the prevention of corruption act. the court refused to quash the charge against the accused by holding that the ..... out against the accused for framing the charge. ashok sadarangani [(2012) 11 scc321 was again a case where the accused persons were charged of having committed the offences under sections 120-b, 465, 467, 468 and 471 ipc and the allegations were that the accused secured the credit facilities by submitting forged property documents as collaterals and utilised .....