Judgment Search Results Home > Cases Phrase: army act 1950 section 155 power to confirm finding and sentence of district court martial Court: gujarat

Major Parvesh Chander Suri Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1987)2GLR1043

..... article 227 of the constitution cannot be avoided.2. with, view to appreciate the rival contentions, facts leading to the prosecution and conviction of the appellant under section 41 of the army act, 1950 by the general court martial be narrated.3. the appellant was a major in 3 - engineer regiment under 11 infantry division since june, 1979 at ahmedabad ..... case may be, the functions of a commanding officer in regard to matters of the description referred to in the relevant provisions of the army act.27. under section 7 of the army act, every person, subject to the army act, is deemed to be under the commanding officer of the corps, department or detachment, if any, to which he is attached, ..... .s. bajaj was a superior officer, then it is evident that the orders were disobeyed by the appellant and he committed the offence specified in sub-section (2) of section 41, army act. the fact as to whether major p.s. bajaj was a superior officer on 15-7-1982 has to be considered in the light of various .....

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1984)1GLR429

..... - any person subject to this act who commits any of the following offences, that is to say-(a) begins, incites, causes, or conspires, with ..... satisfied that the provisions of the army act and the rules are properly followed. now so far as article 20 is concerned, clauses (2) & (3) do not apply and they are not pressed into service. now they are charged for committing the offences under sections 37(b) & 40(a) of the army act, 1950. section 37 reads as under:37. mutiny ..... was thought that what is required to be challenged is the army act itself and the challenge is that sections 124 & 125 of the army act are unconstitutional and so also rule-61. now section 124 of the army act, 1950 reads as under:124. place of trial - any person subject to this act who commits any offence against it may be tried and .....

Som Bahadur Gurung and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1986)2GLR1352

..... or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.3. the army act, 1950, is an act to consolidate and amend the law relating to the government of regular army. in the statement of objects and reasons, it is stated as under:the main objects of the revision of the ..... the matter of punishments for offences and on the other, to eliminate the disparity between the corresponding provisions of the law governing the army and the air force.4. the army act provides in the chapters vi to xiv (section 34 to 190) to the following effect:chapter vi - offences.vii - punishments.viii - penal deductions.ix - arrest and proceedings ..... virtue of the provisions of articles 33 and 227 of the constitution, and having regard to the self-contained nature of the army act, it is not possible to hold that the provisions of section 428 regarding set off would be applicable in the case of convicts of court martial for military offences.8. the learned counsel .....

Union of India (Uoi) and ors. Vs. Maj. Virendrarai J. Kharod

Court : Gujarat

Reported in : (1987)2GLR1020

..... the respondent. in order to appreciate this contention, it is necessary to read the relevant rules of the rules known as army rules made by the central government in exercise of powers conferred by section 191 of the army act, 1950. relevant rules are rules 22, 23, 24 and 25. they read as follows:22. hearing of charge:(1) ..... every charge against a person subject to the act other than an officer, shall be heard in the presence of the accused. the ..... the appellants that the general court-martial, in passing the impugned order, exercised judicial or quasi-judicial functions. this is also evident from the relevant provisions of the army act, 1950 and rules framed thereunder. this court, therefore, has power to issue a writ of certiorari to quash the decision of the general court-martial, which has assumed .....

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)2GLR1142

..... provides living wage etc. for workers. article 46 provides promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.9. relying on the scheme of the act and the judgement of the hon'ble supreme court, the learned counsel for the petitioners has made the following submissions:9.1 the petitioners ..... of the state of gujarat. it was further submitted that the petitioners cannot pretend that their nature of duty is just like that of bsf and other army personnel.10.8c the learned counsel further submitted that the petitioners are not the members of 'paramilitary force', as per ex-servicemen (re-employment in central ..... the nature and the kinds of duties performed by the border wing home guards in relation to the borders and border areas and the method of working under army or border security force, etc. (the letters are addressed by battalion commandant to company commandant).f. the border wing home guards has been described as paramilitary .....

Alka Ceramics Vs. Gujarat State Financial Corporation and ors.

Court : Gujarat

Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628

..... another case, ram sarup v. union of india, air 1965 sc 247, was also considered wherein the question arose as to whether the power under section 125 of the army act which empowered the officer either to try a case by court martial or by an ordinary court or by a criminal court, was left entirely within ..... not capable of arbitrary exercise. the guidelines for the exercise of this power are thus found in the object and purpose of the act and in the various provisions including section 24 of the act. section 29 is thus not arbitrary nor is it violative of article 14 of the constitution. srinivasa kandasari sugars v. government of a. ..... insurance company, other financial institutions and other parties. this distribution has to be done by the state government with the approval of the central government under section 4 of the act and the shares are not transferable except to the state government, reserve bank, development bank or other financial institutions recognised in this behalf by the state .....

Hindustan Brown Bovari, Ltd., Baroda Vs. C.A. Panchal

Court : Gujarat

Reported in : (1977)0GLR498; (1977)IILLJ127Guj

..... managerial or administrative capacity, or who hold a civil post under the central government or a state government or who is subject to the air force act, 1950, the army act, 1970 of the navy act, 1957. explanation : in the case of an employee, who, having been employed for a period of not less than five years on wages ..... (1969)iillj554sc . the supreme court in that case considered the provisions contained in clause (f) of s. 2 of working journalist (conditions of service) and miscellaneous provisions act (1955). according to this clause, a 'working journalist' means a 'person whose principle vocation is that of a journalist, and who is employed as such in, or ..... of those employees who had rendered the requisite period of service in the past, and who were not otherwise disqualified from getting gratuity under the provisions of the act. 9. this position becomes very evident by reference to the explanation, which is attached to definition of the word 'employee'. the said explanation says that .....

Bipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2003)2GLR1577

..... of the petitioner are distinguishable. in the case of major general madan lal yadav (supra) the question arose on the point of limitation prescribed in section 123 of the army act for holding court marshal against an officer within six months after his retirement. the question before the supreme court was on which date did the trial ..... to have commenced on the date the court marshal assembled to consider the charge against the army officer.' the question of limitation prescribed under section 123 of the army act was thus construed in the light of the other provisions of the army act and it was held that a trial commences when the court marshal assembles to try the officer ..... of the army officer commenced. it is in the context of the provision of section 123 read with 122(3) of the army act and rules that the supreme court held 'that the trial commences with the performance of the first .....

Bipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat

Court : Gujarat

Reported in : (2002)1GLR319

..... distinguishable. in the case of major general madan lal yadav (supra) [(1996) 4 scc 127] the question arose on the point of limitation prescribed in section 123 of the army act for holding court marshal against an officer within six months after his retirement. the question before the supreme court was on which date did the trial of ..... deem to have commenced on the date the court marshal assembled to consider the charge against the army officer.' the question of limitation prescribed under section 123 of the army act was thus construed in the light of the other provisions of the army act and it was held that a trial commences when the court marshal assembles to try the officer ..... the army officer commenced. it is in the context of the provision of section 123 read with 122(3) of the army act and rules that the supreme court held 'that the trial commences with the performance of the first .....

Valji Khimji and Company Vs. O.L. of Hindustan Nitroproduct (Gujarat) ...

Court : Gujarat

..... entitled to a decree of divorce. while setting aside the judgment of the trial court, learned single judge granted decree of judicial separation under section 10 of the hindu marriage act, 1955 in favour of the respondent-husband and against the appellant-wife. this finding of the learned single judge is under challenge now before ..... . any misconduct committed in the environment of the army service or in the presence of subordinates and colleague officers would have certainly been very degrading for the respondent and would show cruelty. having regard to the ..... or other settlement and that we remained unsuccessful. we can thus say that there is no possibility of the parties living together. the respondent is an army officer and appellant-wife is an advocate practising at high court. they are thus belonging elite society. high standard of behaviour can rightly be expected from them .....