Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Page 1 of about 2,119 results (0.105 seconds)

Pradeepta Kumar Mohapatra Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 97(2004)CLT34

..... of the pleadings of the parties, the main question that needs consideration is as to whether the petitioner was a regular army soldier recruited under the act or was a trainee recruit as claimed by the opposite parties. section 13 of the army act, 1950 prescribes procedures before enrolling officer. section 14 provides for mode of enrolment which contemplates that if after complying with the provisions of ..... section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of .....

Dharampal Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... .s.bishnoi, representing the respondents. admittedly the petitioner at the relevant time though was a recruit under going training but certainly fall within the definition of section 2(i) (b) of the army act, 1950 (in short, the act) and being a person tiwana dalbir singh 2014.06.30 15:19 i attest to the accuracy and integrity of this document. high court, chandigarh civil ..... writ petition no.12813 of 2013 3 enrolled under this act is certainly subject to the provisions of this act. it is not disputed as to the infliction of .....

Ex. Rect. Lachhman Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(1)SLJ237(Delhi)

..... that the petitioner never admitted his guilt nor did he plead guilty to the charge. next that though the petitioner was served with a charge sheet under section 39(a) of the army act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of criminal nature. this lapse itself vitiates the trial. ..... act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. ..... of learned counsel for the petitioner that petitioner was not attested in the army i.e. he was not confirmed and was a recruit only and could not be subjected to summary court martial, we find no force in this as section 120(3) of the army act, 1950 provides that a summary court-martial may try any person subject to this .....

Present: Mr. Kshitij Sharma Aag HaryanA. Vs. Rajesh and Another

Court : Punjab and Haryana

..... dismissal, discharge or retrenchment has led to that dispute. the last segment of the definition specifies certain exclusions. a person to whom the air force act, 1950, or the army act, 1950, or the navy act, 1957, is applicable or who is employed in the police service as an officer or other employee of a prison or who is employed mainly ..... court has used different expressions for describing the consequence of terminating a workman s service/employment/ engagement by way of retrenchment without complying with the mandate of section 25-f of the act. sometimes it has been termed as ab initio void, sometimes as illegal per se, sometimes as nullity and sometimes as non est. leaving aside the ..... and part time basis and had worked from 20.08.2002 to 13.12.2004 i.e. for more than 240 days and, therefore, the provisions of section 25-f were attracted. there was violation while dispensing with the services as he was not paid retrenchment compensation. reliance was placed by the labour court upon the .....

Natha Singh Vs. Presiding Officer Industrial Tribunal-cum-labour Court ...

Court : Punjab and Haryana

..... , discharge or retrenchment has led to that dispute. the last segment of the definition specifies certain exclusions. a person to whom the air force act, 1950, or the army act, 1950, or the navy act, 1957, is applicable or who is employed in the police service as an officer or other employee of a prison or who is employed mainly ..... of respondent no.2, the petitioner's rights had been affected and the workman could continue working in future and therefore, there was violation of section 25-f of the act.6. in the evidence submitted by the workman by way of affidavit, he took the plea that he was in continuous employment from 01.09 ..... judgement was approved by the constitution bench in punjab land development and reclaimation corporation ltd., chandigarh v. presiding officer labour court, chandigarh (1990) 3 scc682 12. section 2(s) contains an exhaustive definition of the term `workman'. the definition takes within its ambit any person including an apprentice employed in any industry to do any .....

N. Sasi Vs. Deputy Directorate General, D.S.C., Represented by Its Dir ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

..... to be resolved in the instant case are, firstly whether the army acts and rules are relevant to the dsc or not, and secondly, whether the petitioner is eligible to be issued his army discharge certificate. we have perused the relevant orders and these are discussed in the subsequent paragraphs. 14. the army act, 1950 in section 3(vi) has defined a 'corps' in the following manner ..... :- 'corps' means any separate body of persons subject to this act which is prescribed as a corps for the purpose of all or any of the provisions of this act . 15. the army rule, 1954, chapter vii, rule 187 reads as follows .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....