Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Court: punjab and haryana Page 1 of about 72 results (1.016 seconds)

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 .....

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 .....

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2006)144PLR97

..... that the petitioner was hospitalised for the period for which he has been treated as absent from duty. such an order would flagrantly violate section 39 of the army act, 1950, therefore, we do not find any justification for the respondents to conclude that merely because the petitioner was not paid the salary under regulation ..... court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment or field punishment by an officer exercising authority under section 80 of the army act, 1950; note: jcos and ncos under 'close arrest', but not in confinement, will incur no forfeiture of pay and allowances. for persons below nco ..... applied; e) imprisonment awarded by a criminal court, or imprisonment or field punishment awarded by a court martial, or an officer exerting authority under section 80 of the army act, 1950; note: in case the sentence of imprisonment or punishment is suspended, the individual will be entitled to draw full pay and allowances from the date .....

Lt. Col. S.S. Chahal Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... is prescribed only under the administrative instructions which cannot be taken into consideration. the respondents did not move against the petitioner under section 19 of the army act, 1950 read with rule 14 of the army rules 1954. the 1978 instructions had not contained any provision to place a d.v. ban, if action is contemplated under ..... 7 contracts valued at rs. 44 lacs (approximately) and issued supply orders worth over rs. 7 lacs. for this, the petitioner was tried under army act section 63 for 'an act prejudicial to good order and military discipline'. in the second charge, it was stated that ' he at chandigarh, on 1.10.1985, while performing ..... respondents from taking administrative action on the same allegations. the respondents had, therefore, decided to initiate proceedings against the petitioner under section 19 of the army act, read with rule 14 of the army act, much before, the dv ban had been imposed against the petitioner. therefore, even if the petitioner had been put in the .....

Jagraj Singh (No. 14412115k) Vs. Union of India and Others

Court : Punjab and Haryana

..... transfer, if such a cours.is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/discharge of undesirable jcos/wos/or 4. ar 1.and 17 provide that jco/wo/or whose dismissal or discharge is contemplated will be given ..... on 10.9.2007 seeing no improvement, he was again marched up to the then commanding officer and awarded seven days pay fine for the offence of intoxication under section 48 of the army act. the petitioner, it is submitted, had been a bad example to the troops which was proved from the fact that he had earned five red ink entries in ..... the learned counsel appearing for the respective parties, the gist of the disparaging entries which have been awarded to the petitioner may be noticed which are as follows:- (a) army act section 39(a) - 07 days rigorous imprisonment (absenting himself awarded on 25 dec 1997. without leave) (red ink entry) cwp no.6991 of 2012 (o&m) [9].(b .....

Union of India (Uoi) and anr. Vs. Ajaib Singh No. 1256394 Wex-gunner ( ...

Court : Punjab and Haryana

Reported in : (1997)117PLR819

..... conducting the summary court-martial. we find no merit in the submission of learned counsel for the respondent regarding non-compliance of the provisions of section 130 of the army act.16. admittedly, the delinquent/writ-petitioner ajaib singh (who is respondent before us) has served and suffered the sentence of imprisonment awarded to him ..... without more, vitiates the proceedings. while controverting this averment of the writ petitioner, the appellant/union of india contended that if bare perusal of section 130 of the army act would go to show that it relates to all the trials by general, district or summary general court-martial and it omits the proceedings before ..... it was further contended by the appellants that as per provisions of pension regulation para 123(c)(t) the petitioner after his punishment under section 38(1) of the army act was required to serve minimum period of three years in an exemplary manner after completion of the punishment in order to become eligible for pensionary .....

Rajbir Singh Sepoy/Lans Naik Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... . 37-e dated september 5, 1977, which is to the following effect :-'14. s.r.o. 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no. sro 6-e, dated the 28th november, 1962, the central ..... government hereby declares that all parsons subject to that act who arc not on active service under clause (i) of section 3 thereof shall, while serving in ..... the court before which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.'8. under section 70 of the army act, an offence of murder against a person not subject to military, naval or air force law or of culpable homicide not amounting to murder or of rape .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... in the manner as is being done. if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. since the writ of habeas corpus is being ..... court martial and the enhanced sentence, as imposed on petitioner no.1, was confirmed by the confirming authority. petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. was confirmed. this petition ..... respondents is without jurisdiction. not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. counsel further contends that this is being done while misinterpreting the order passed by the principal bench of the tribunal at delhi. before filing the .....

No.143740509k Hav/Clk Surinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... . whereas gcm, dcm and sgcm are convened by the officers authorised in this regard as given in sections 109, 110 and 112 of the army act but scm is held by co as laid down in section 116 of the army act. section 116 of the army act is as under:- summary court-martial.- (1) a summary court-martial may be held by the of ..... tried by his proper co.there may be a need to elaborate this plea in the light of challenge. there are four kinds of court martial provided for under the army act. (section 108 refers).these are:- (a) general court martial (gcm for short) (b) district court martial (dcm for short) (c) summary general court martial (sgcm) (d) summary ..... examine and cross-examine the witnesses in this factual background, which could be denied to him. the petitioner was charge sheeted for an offence under section 57(e) of the army act. this section punishes a person who obtains for himself or any other person any pension, allowance or other advantage or privilege by a statement, which is false .....