Court : Himachal Pradesh
Reported in : (1994)ILLJ906HP
..... adjutant general. he is not authorised to issue any such policy letter under the army act, army rules or regulations. army rules have been framed under section 191 of the army act these regulations have been issued by the central government in exercise of the powers conferred on it by section 192 of the army act. in the preface thereof it has been stated that these regulations being non-statutory ..... authority flowing from these regulations will also be non-statutory in nature. chapter vi of the army act comprising sections 34 to 68 specifies and defines the various offences under the act. sections 71 to 89 of chapter vii denote the various punishments. rules 106 to 133 of the army rules prescribe the procedure of and before court martial. these constituted a self-contained code specifying .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC212
..... course of summary court martial was conditional to minimize the sentence. the words uttered by the petitioner as stated above in hindi will not amount to violation of section 41(1) of the army act, 1950. the petitioner at the most on the basis of the uttering of the words by him could be reprimanded and to be more careful in future. the ..... soldier and he wanted to go for the operation in militancy infested area. these words by the petitioner could not be used to initiate proceedings against him under section 41 (1) of the army act, 1950.8. i am of the view that if the words used in italics are seen in totality with his reply at page 37, it will not constitute ..... security company, 8, mountain division with effect from 14.1.1997. he was sent to perform his duties with 53 infantry brigade. the petitioner was charged under section 41(1) of the army act, 1950 for the alleged misconduct as reproduced below:he at field, on 1 june, 98, when ordered by ic-41475y maj nk airy bm hq 53 inf bde not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ531
..... material on record.4. there is no dispute that the petitioner is a military personnel and subject to military law. therefore, in view of the provisions of sections 69 and 70 of the army act, 1950, the petitioner can be tried by the court-martial for the offences alleged to have been committed by him.5. the relevant provisions providing for the initiation of ..... to military law, contained in sub-section (1) of section 475 of the code, read as follows :--475. delivery to commanding officers of persons liable to be tried by court-martial.--(1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950, the navy act, 1957 (62 of 1957), and air force act, 1950 (45 of 1950), and any other law, relating .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC235
..... annexures. for the purposes of entitlement and disbursement of disability pension, clause (2), clause (4) and clause (7) of appendix-ii is relevant. the army act, 1950 (section 192) empowers the central government to frame regulations for defence personnel. clause (ii) clearly stipulates that disablement or death shall be accepted as due to military service ..... is an issue which has been considered both by this court as also the apex court. these regulations have been enacted to confer certain benefits upon army personnel who have rendered their services in various forms and places under extreme climatic condition and is undoubtedly a beneficial legislation. while interpreting the provisions of ..... the case on factual matrix in santosh kumar's case, this court has taken a cognizance of the fact that the petitioner therein had been in army from the year 1982 till 1989. he had been serving in remote areas in hard and difficult conditions. the petitioner therein was suffering from 'schizophrenia' .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1977CriLJ299
r.s. pathak, c.j.1. this is a petition filed under section 126 of the army act, 1950. the petition was sought to be filed in the court of the chief judicial magistrate, dharamsala, but as at that time the judicial officer had proceeded on promotion and the ..... for the purpose of admission, without waiting for the return of notice.3. the preliminary question before us is whether the petitioner is entitled to apply under section 126 of the army act. section 125 of the act provides that when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer ..... out in this petition is that the court-martial has not proceeded in accordance with the army act and the rules made thereunder, arid that it is acting arbitrarily in conducting the proceeding. it seems to us that this is not a ground on the basis of which section 126 can be invoked. we are of opinion that when an offence falls within the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC495
..... 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' means the director of the medical services, army, and in the case of junior commissioned officer and warrant officers of remounts, veterinary and farms, corps, the ' ..... 1) each of the authorities specified in column 3 of the table below, shall be the competent authority to discharge from service person subject to the act specified in column 1 thereof on the grounds specified in column 2.(2) any power conferred by this rule on any of the aforesaid authorities shall ..... also be exercisable by any other authority superior to it.(2-a) where the central government or the chief of the army staff decides that any person or class of persons subject to the act should be discharged from service, either unconditionally or on the fulfillment of certain specified conditions, then, notwithstanding anything contained in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2007HP52,2006(2)ShimLC394
..... a bare look at section 16 pre-supposes the factum of a marriage, whether it was a void marriage or it ..... singh's subsisting marriage with suraj devi, being an army officer, apart from the applicability of hindu marriage act he was specifically barred from marrying the second time as this would have constituted an offence under the army act, 1950.33. reliance upon section 16 of the hindu marriage act is of no avail or help to the appellant because ..... shri bali ram sharma, smt. snehlata sharma and shri anil kumar sharma are entitled to receive and be paid, 47% in the re-determined compensation amount under section 28a, land acquisition act. subject to the aforesaid modification in the impugned decree, rfa no. 310 of 2003 is disposed of.39. mr. b.k. malhotra and mr. ajay .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP6
..... court, and a subsequent application to implead mm was rejected. the appeal was dismissed.4. there was no argument before me on the question of the notice under section 80, civil p. c. the order of the district judge rejecting the plaintiffs appellants' application to implead kanthu defendant as respondent in that court was questioned in the ..... century by the french jurist ernst roguih in his la science juridique pure, as pointed out by julius stone in his 'the province and function of law', second (1950) edition, at page 86. roguin took to task austin for his assertion that the sovereign cannot have rights and duties. the argument adopted by austin and others ..... broken down, possession was taken of the premises under the defence of the realm acts and regulations made thereunder. a. petition of right was brought against the crown claiming compensation as a matter of right for the use of the hotel by the army authorities. it was argued for the crown that there was a prerogative to take .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1990)ACC184,1990ACJ291,AIR1990HP82
..... the river. examination of the findings arrived at by the tribunal in this regard also indicate the same conclusion and they are, therefore, confirmed and i hold that the army vehicle was not, at all, responsible for the collision in question.12. the next question relates to the payment of compensation, extent thereof and the responsibility therefor. having ..... in the military vehicle at the relevant time and they died in this accident but it is denied that the accident was the result of any rash and negligent act of the military driver; rather it is asserted that the collision took place on account of the rash and negligent driving on the part of the driver of the ..... owned by the union of india was also involved in the collision. the tribunal came to the conclusion that the accident was solely due to the rash and negligent act of the driver of the petrol tanker and, therefore, the union of india was not responsible for payment of any compensation and since compromise had been effected with .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ2393
..... or air force when commit any offence are dealt with the special provisions contained in the army act, 1950 or the navy act, 1957 or the air force act, 1950 and not by the normal criminal procedure code. the said navy act is a complete code by itself and prescribes the procedure to be followed in case it is decided that an ..... the general court martial for the commission of offence of murder of lance nk. partap singh.4. the petitioner was chargesheeted under section 69 of the army act for committing a civil offence under section 302 of the ranbir penal code. after preliminary inquiry the general court martial was constituted. the prosecution examined 13 witnesses and the ..... his private defence inflicted injuries on the body of lance pratap singh and the case of the petitioner was covered under section 105 of the evidence act and section 97 of the ranbir penal code equivalent to section 97 of the indian penal code.14. we have given out thoughtful consideration to the ratio of the judgments of .....
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