Judgment Search Results Home > Cases Phrase: army act 1950 section 15 validity of enrolment Court: chennai Page 3 of about 212 results (0.859 seconds)

Yalla Chandramohan, (Service No.15159749-h) Versus Union of India and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... was recovered, if so, from whom. the inquiry officer has failed to strictly adhere to section 130 of the army act 1950. the charges framed against the petitioner are also not in conformity with rule 2 of the army rules because the petitioner was not given an opportunity to cross-examine the prosecution witnesses. the provisions ..... under section 115 r/w 52 of the army act were not complied with by the inquiry officer. the ..... at chanchalguda on 20th january, 2007 for execution of the sentence. the punishment was awarded as per army act section 52 r/w army act section 120 and 71, which is in accordance with the statutory provisions. army act section 130 r/w army rule 44 is applicable in general court martial, summary general court martial and district court martial. .....

No.14338151 Ex.Hav (Dmt) C. Prabhakara Rao Dasari Vs. Union of India, ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... it is the admitted case of the respondents that the applicant/appellant was tried under section 38(1) of the army act 1950. section 38 of the army act reads as follows:- desertion and aiding desertion:_ (1)any person subject to this act who deserts or attempts to desert the service shall, on conviction by court-martial, ..... relatives before the concerned unit. if it so, then the relevant section, under which the applicant/appellant ought to have been charged, is section 39(a) of the army act 1950. section 39 of the army act reads as follows:- absence without leave:- any person subject to this act who commits any of the following offences, that is to say ..... all the applicant/appellant had committed any offence that comes squarely under section 39(a) and not under section 38 of the army act 1950. so, we are of the considered view that the charge levelled against the applicant/appellant under section 38 of the army act 1950 itself is a flagrant violation of principle of natural justice, which .....

In Re: Ramaswami Gounder

Court : Chennai

Reported in : (1968)2MLJ534

..... the court, the magistrate should have known that he is brought as a person subject to the provisions of the army act. without the information of that nature, it would be impossible for the magistrate to follow the procedure under section 549. then the whole question turns on the point whether the person brought before the magistrate is a person ..... of his arrest and conviction, and he would be subject to the provisions of the indian army act. an offence similar to that of section 4-a of the prohibition act by a sepoy can be tried and punished by a court-martial and under section 549 of the code of criminal procedure, it is obligatory on the part of the magistrate, ..... subject to the provisions of the indian army act. if there is no material for the magistrate to know that he was a serving .....

Col D. D. Pawar Versus the Union of India Rep by Its Secretary and Oth ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... respect of the relief asked for in this petition also. 5(e) we are of the considered view that when an alternative remedy is available under section 27 of the army act, 1950 which has already been availed by the petitioner, and the same is pending, it is not proper in our part to pass any order in respect ..... preferred by the petitioner dated 24.01.1998 is to be forwarded to the central government as per section 27 of the army act 1950 and final and conclusive order is to be passed in the said complaint preferred by the petitioner. 5(d) even though the relief sought for at ..... 16th march, 1991, refusing to forward the statutory complaint preferred by the petitioner to the central government on the ground that the complaint preferred under sections 26 and 27 of the army act, 1950 are not entertainable pertaining to court martial disciplinary proceedings being pending, holds no water. we are of the considered view that the statutory complaint .....

Naib-subedar Sethurathinam Vs. Union of India Represented by Its Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... ; (ii) mitigate the punishment awarded; (iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950, (46 of 1950) the navy act, 1957 (62 of 1957) and the air force act, 1950, (45 of 1950) as the case may be; (c) enhance the sentence awarded by a court martial: provided that no such sentence ..... ) or the navy act, 1957 (62 of 1957) or the air force act, 1950, (45 of 1950) as the case may be; or (b) if sentence is found to be excessive, illegal or unjust, ..... section, the tribunal shall have the power to (a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950 .....

Sep N. Baskaran Vs. Union of India, Through Secretary, Ministry of Def ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... sentence passed by the dcm has already been served out by the applicant/appellant/accused. the applicant has not availed the remedy of filing a post confirmation petition under army act section 164(2). hence, the application/appeal is premature and liable to be dismissed on that ground. 5(a) the dcm had examined eight prosecution witnesses and on the ..... appearing for the respondents and considered their respective submissions. 7. now the point for determination in this appeal is whether the award of punishment by dcm under section 40(a) of the army act against the appellant/applicant is liable to be set aside for the reasons stated in the affidavit to the appeal/application? 8. the point:- according to ..... and on seeing p.w.1 maj azim ahmad coming out of the court room, he pushed him and slapped him thereby committed the offence under section 40(a) of the army act. to prove the charge levelled against the applicant/appellant before the dcm on the side of the prosecution p.w.1 to p.w.8 were .....

R. Magesh Vs. Union of India, Rep. by Its Secretary to the Government ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... for promotion before aupb held during november 2008. individuals statement regarding his spotless unblemished service career is incorrect. he was awarded severe reprimand under army act section 48 on 8th december 2004 while serving with 30 rr bn. the individual was meeting all the eligibility criteria except acr and disciplinary criteria ..... . he was awarded severe reprimand under army act section 48 on 8th december 2004 and further awarded severe reprimand on 25th september 2009 under army act section 63 while serving with 40 med regt (sp) and also not meeting the acr criteria at ..... down channel of correspondence contrary to para 557 of defence services regulations for the army 1987. court of inquiry proceedings recommended for taking disciplinary action against the applicant. the applicant was awarded punishment under army act section 63 severe reprimand on 25th september 2009 for not following proper channel to solve .....

Mrs. V. Nalini Kumari and Others Vs. Union of India, Rep. by – Mi ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the 4th respondent and the 4th respondent cannot be compelled by any forum to exercise such choice in view of the circumstances stated. according to section-60 (1) cpc and section-28 of army act, 1950, the pay and allowances cannot be attached. the documents produced by the 4th respondent would disprove the case of the applicant. therefore, the application ..... for the 4th respondent that the pay and allowances cannot be attached or cannot be deducted does not hold water in view of the provisions of section-91(i) of the army act, 1950 and, therefore, from the available pay and allowances the computed amount shall be deducted towards the maintenance and if there is any rest, the said ..... have been ordered by the respondents 1 to 3 and the respondents 1 to 3 ought to have exercised their jurisdiction under section-91(i) of the army act, 1950, coupled with para-4(h) of the army order 2/2001 and granted maintenance to the applicants. but they did not do so. therefore, the impugned order not granting .....

Ex No 1383073x Sep Motte Chandra Reddy Vs. Union of India, Through Gov ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... reduction of rank cannot be considered as proportionate, in view of the provisions of section-69 of army act, 1950, and section-304a of indian penal code. section-69 runs thus :- civil offences.- subject to the provisions of section 70, any person subject to this act who at any place in or beyond india, commits any civil offence, shall be ..... deemed to be guilty of an offence against this act and, if charged therewith under this section, ..... of two months 29 days and the rank of the applicant was also reduced. these two punishments are not appropriate in accordance with section-69 coupled with section-73 of army act. considering the facts and circumstances of the case, any one of the punishments should have been imposed on the applicant in consideration of .....

Ravi Bhatt and Another Vs. the Director General, Armed Forces Medical ...

Court : Chennai

Reported in : AIR1997Mad78; (1996)IIMLJ220

..... to conduct a court of inquiry into the matter concerning the selection to the second respondent college. the petitioners arc civilians and therefore the provisions of the army act or any other enactment would not be applicable to them and if at all they have to be summoned in a court of inquiry, procedure contemplated under ..... being selected to the undergraduate wing of the afmc. they are not commissioned officers and there is no contract applicable to them to be amenable under the army act. the instructions to candidates clearly stipulate that the officer-in-charge of the local examination centre is the final authority to decide about the alleged use of ..... therefore, to rely upon post admission and post qualification matters does not make the candidate to sit for the entrance examination as amenable to the provisions of the army act.45. it is also contended that the chief invigilator and the invigilator are the examination staff who are paid honorarium and who are entrusted with the test .....