Judgment Search Results Home > Cases Phrase: army act 1950 section 125 choice between criminal court and court martial Court: kolkata Page 2 of about 14 results (0.188 seconds)

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Reported in : (1999)2CALLT300(HC)

..... the appellant/writ petitioner.33. under these circumstances, first of all, we have to take into account the meaing of the 'judge-advocate'. it appears section 129 of the army act, 1950 provides for the same and which is as follows :'129. judge advocate--every general court-martial shall, and every district or summary general court-martial may ..... purpose of promotion.10. such order, however, was passed subject to confirmation by the confirming authority in terms of section 153 of the army act.11. on 2nd may, 1992 in terms of section 160 of the army act the general court martial was directed to assemble for revision of the order passed in earlier occassion. ultimately of 18th may ..... dated 2.5.92 directing revision of the sentence passed by the court martial, purporting to have been passed by him as the confirming authority under section 160 of the army act is without jurisdiction and consequently the said order and all subsequent proceedings are bad to law: 3. the a-3 warrant issued to the g. .....

Jamini Kanta Das Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1955Cal45,58CWN936

..... actually been enrolled on terms different from those which are contained in the regulations.34. on the conclusion reached by us that though not in terms of section 10, indian army act, yet on the principles underlying the same as also on equitable grounds which find an echo in the circular letter issued from allahabad the plaintiff is entitled ..... was away from the station on that date, signed the paper on 19-3-1942, after his return. the enrolment was, therefore, completed in terms of section 9, indian army act, on 19-3-1942. the learned subordinate judge also came to the same conclusion, though we need not refer to or express our agreement with all the ..... is satisfied about certain particulars, and a form is signed by the person desirous of being enrolled, that the enrolling officer also signs the form, and under section 9, indian army act. 'the person shall then be deemed to be enrolled'. from the papers placed before us it is manifest that though the plaintiff had appeared before mr. uddin .....

Colonel R.S. Upadhyay Vs. the Union of India and ors.

Court : Kolkata

Reported in : (2000)1CALLT563(HC)

..... act under clauses (a) to (q) of sub-section (1) shall remain so subjected until duly retired, discharged, released, removed, dismissed or cashiered ..... in connection with the substantive provisions of the army act.7. prirna facie it appears to us that the status of army personnel seconded to other services does not result in a cessation of the relationship with the army. section 2(1) of the army act, 1950 specifies the persons who are subject to the act 'wherever they may be'. section 2 sub-section (2) provides :'every person subject to this .....

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

..... also notice here that a pari material provision is contained under the army act, 1950. section 164 therein also provides for confirmation of the finding or sentence of the court- martial authority by a post-confirmation petition under section 164(2). the provisions under the army act, 1950 came up for consideration before the constitution bench of the supreme court ..... party and it may dispense with such a requirement. 25. in this context, the supreme court examined the provisions contained in section 162 and section 164 of the army act. with regard to section 162 it observes as follows:46. the provisions mentioned above show that confirmation of the findings and sentence of the court martial ..... under:7. from the above discussion it emerges that in cases of special enactments like army act, all the principles of natural justice cannot be imported. the same ratio applies to a petition under section 117(2) of the act also. we may also point out here that chapter xiii consisting of rules 167 to .....

In Re: for Stay (Can 6546/05)

Court : Kolkata

..... notice here that a pari material provision is contained under the army act, 1950. section 164 therein also provides for confirmation of the finding or sentence of the court- martial authority by a post-confirmation petition under section 164(2). the provisions under the army act, 1950 came up for consideration before the constitution bench of the supreme court ..... aggrieved party and it may dispense with such a requirement.21. in this context, the supreme court examined the provisions contained in section 162 and section 164 of the army act. with regard to section 162 it observes as follows :- '46. the provisions mentioned above show that confirmation of the findings and sentence of the court ..... under:7. from the above discussion it emerges that in cases of special enactments like army act, all the principles of natural justice cannot be imported. the same ratio applies to a petition under section 117(2) of the act also. we may also point out here that chapter xiii consisting of rules 167 to .....

Wallis and ors. Vs. Taylor

Court : Kolkata

Reported in : (1886)ILR13Cal37

..... apparently supposed, that the words 'shall be cognizable' in section 151 of the army act, mean 'shall be cognizable only.'4. we are of opinion that there is nothing in that section of the army act, either in express words or by reasonable inference, to lead us to believe that it was the intention of ..... the legislature in that section to affect the jurisdiction of the small cause courts. we therefore answer the question referred to us in ..... cases the facts of which are such as those appearing here; and all that has to be considered in this case is, whether there is any provision in the army act of 1881 which takes away that jurisdiction.3. we are of opinion that there is none. the doubt which has been felt in the matter arises from its being .....

No. Ic 59379m Major Arjun Singh Tomar Vs. General Officer Commanding-i ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... towards maintenance allowance. according to the respondents, after due deliberation, the order of maintenance was passed by the competent authority u/s 90(i) of the army act read with rule 193 of army rules. such maintenance allowance was granted in favour of respondent no. 6, as the applicant failed to maintain his wife and son. the reply to ..... 5.5% in favour of the minor child from the salary of the applicant. the competent authority has been given this power by the army acts and rules, which has been supported by the army orders issued from time to time. as discussed above, it is the responsibility of the competent authority to, first of all, satisfy himself ..... maintain his wife and child and for this, special provision has been made in the army acts and army rules. in this respect, ss. 90 and 91 of the act and rule 193 of the rules are relevant. there is nothing mentioned in the army act or army rules regarding the procedure to be adopted in processing a claim for maintenance. in this .....

Subodh Ranjan Ghosh Vs. Major N.A.O. Callaghan and anr.

Court : Kolkata

Reported in : AIR1956Cal532,60CWN917,(1957)ILLJ69Cal,(1957)ILLJ69Cal

..... some of the relevant rules:'3.' these rules shall apply to every person paid from defence services estimates and not subject to the army act, 1950, the indian navy (discipline) act, 1934, and the air force act, 1950, who is in the whole time employment of the government of india under the ministry of defence, except--(a) persons so employed ..... bose j. said as follows:'in any event, an evasion or shelving of demand for justice is sufficient to operate as a denial within the meaning of section 46. in england the refusal need not be in so many words. all that is necessary is to show that the party complained of has definitely determined ..... does not come under the other categories. part xiv of the constitution deals with 'service under the union and the states.' article 309 corresponds to section 241, government of india act, 1935 and empowers the appropriate legislature to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with .....

Satyendra Kumar Rai Vs. Union of India Through the Secretary and Other ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... disciplinary proceeding against the applicant. a charge-sheet was issued against the applicant whereby two charges were framed for disgraceful conduct against the applicant under section 46(a) of the army act. subsequently the applicant was held guilty on the basis of the alleged plea of guilt by the applicant and during such proceeding, the statement ..... with the available materials that were there in the court martial proceedings. since the court martial proceeding was held in violation of the provisions of the army act and also in violation of the principles of natural justice, so, the applicant has prayed that the decision as passed in the court martial proceedings, ..... the applicant that evidence that was available with the authority, did not justify initiation of any proceeding against the applicant u/s 46(a) of the army act. according to the applicant, the decision of the court martial authority in this respect in holding the applicant guilty is totally unwarranted and is not supported .....

Arun Kumar Banerjee and anr. Vs. the State

Court : Kolkata

Reported in : AIR1962Cal504

..... same fact. this is not a question of corroboration. this is a question of conduct and relevant fact. the statement which arun made to bhota nath comes under section 8 of the evidence act. section 8 provides that any fact is relevant which shows or constitutes a motive or preparation for any fact m issue or relevant fact. the fact in issue or ..... of a disturbed mind on the publication of the photograph in the newspaper and the suggestion that such photograph was that of his dead wife sadhana. even under section 21 of the evidence act an admission is relevant and may be proved against the person who makes it when such an admission consists of a statement of the existence of any state ..... 105, dum dum road, sil colony, came to p. s. and reported that his daughter of the following description has gone away somewhere else from his home on 24-7-1950 (sandha) evening. before her going she told that his sen-in-law asked her to go to sealdah station and as such she was going. she did not turn up .....