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Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Court: rajasthan Page 4 of about 57 results (0.191 seconds)

Feb 27 2009 (HC)

Ex. Havildar Gulta Kailash Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 2009(3)WLN94

..... petitioner preferred a statutory petition as per the provisions of sub-section (2) of section 164 of the army act, 1950 (hereinafter referred to as 'the act of 1950') read with rule 210 of the army rules, 1954 (hereinafter referred to as 'the rules of 1954') and para 365 of the army regulations. in the petition aforesaid dt. 20.01.1998, the ..... the case aforesaid hon'ble supreme court negativated need of giving reasons on the premise that neither sub-section (2) of section 164 of the act of 1950 nor any other provision under the rules of 1954 or the army regulations provides for recording reasons for an order passed on post confirmation petition. the court was of ..... that the consideration of reasons which applied while awarding the sentence of court martial are equally applicable in the case of proceedings of confirmation under section 164(2) of the army act. it was thus observed that since reasons were not required to be recorded at the stage of recording of findings and the confirmation of .....

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Feb 14 1997 (HC)

R. Unnikrishnan Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1997(2)WLC464; 1997(1)WLN201

..... supreme court as mentioned above., section 71 of the army act prescribes the similar punishments, which are reproduced as under:71. punishment awardable by courts ..... the officer under the law that would be given to him.7. the provisions of section 48 of the border security force act in regard to the inflicting of punishments on b.s.f. personnel are para materia to section 71 of the army act, 1950, under which provisions the army officers were tried and punished in the cases which had come up before the hon'ble .....

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Apr 25 1995 (HC)

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

..... , the navy act, 1957, and the air force act, 1950, and any other law, relating to the armed forces ..... act, while the offences falling under section 47 against a person subject to the act are exclusively triable by criminal courts and not triable by security force courts.10. section 475 cr. p. c. runs as under :-'475. delivery to commanding officers of persons liable to be tried by court-martial. (1) the central government may make rules, consistent with this code and the army act, 1950 .....

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Jul 28 2003 (HC)

Bhairu Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2004(3)Raj1578; 2004(1)WLC459

..... government service of the petitioner; petitioner was tried by summary court martial for the offence under section 44 of the army act, which envisages that if any person makes willfully false answer on enrollment, he will be punished under the act but there was no such wilful false answer by the petitioner. before the court martial, petitioner ..... ), the hon'ble apex court has held that the order of dismissal from service, consequent upon a conviction, is not a disqualification within the meaning of section 12 of the act, 1958. 'there are statutes which provide that the persons, who are convicted for certain offences, shall incur certain disqualification; for example, chapter iii of ..... ), the apex court held that in criminal trial, the conviction is one thing and sentence is another. the court, while invoking the provisions of sections 3 and 4 of the act, 1958 do not deal with the conviction; but only deal with the sentence which the offender has to undergo. instead of sentencing the offender, .....

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Mar 12 1984 (HC)

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... whether the corporation falls within the meaning of the term 'state'. the corporation is incorporated and is regulated by the road transport corporation act, 1950. according to section 4, this corporation is a corporate body having perpetual succession and a common seal. the management vests in the board of directors with ..... , period of probation, etc., and further rajasthan state road transport corporation employees service regulations, 1965 which have been made under section 45 of the road transport corporations act, 1950 expressly provide the categories of posts and services and make distinction between the employees on the permanent post in comparison to the work ..... audit are to be done as prescribed by the state government in consultation with the comptroller and auditor-general of india.28. section 34 of the road transport corporations act, 1950 contemplates that the directions cann't be given in all matters including recruitment, conditions of service and training of its employees, .....

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Aug 09 2005 (HC)

Brijesh Narayan Vs. Rajasthan State Co-operative Bank Ltd. and ors.

Court : Rajasthan

Reported in : RLW2006(1)Raj210

..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or ..... goliath detectives (p) ltd., jaipur and not of the respondent bank. the labour court while holding as above ignored the definition of workman as provided under section 2(s) of the act of 1947 (rajasthan amendment) which reads as under:'workman' means any person including an apprentice employed in any industry by an employer or by a contractor in ..... a managerial nature.the portion underlined is inserted with main provision by rajasthan act 34 of 1958, section 3, w.e.f. 1.7.1960)9. from reading of definition of 'workman' as provided under section 2(s) of the act of 1947 as amended by rajasthan amendment act no. 34 of 1958 include any person employed in any industry by .....

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Apr 10 2008 (HC)

Ex. Sepoy Ram Karan Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2008(4)Raj3116

..... case of junior commissioned officers and warrant officers of the special medical section of the army medical corps, the 'commanding officer' means the director of the medical services, army, and in the case of junior commissioned officer and warrant officers of ..... |authority to |discharge || | |authorise | || | |discharge | ||___________________|______________________|_________________________|______________________||persons enrolled |iii. (i) on fulfilling|commanding officer | ||under the act who |the conditions of |and, in the case of a | ||have been attested.|his enrolment or |person of the rank of | || |having reached the |havildar ..... the || | | |contemplated discharge||___________________|______________________|_________________________|______________________|a bare perusal of the aforesaid table goes to show that an enrolled person under the act, who have been attested can be discharged from service on various grounds. as per clause iii(iii), a person having been found medically unfit .....

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May 01 2008 (HC)

Union of India (Uoi) and ors. Vs. Ex. Group Capt. M.S. Bhatnagar

Court : Rajasthan

Reported in : RLW2008(3)Raj2017

..... present nature in the services of the appellants also need to be noticed. rule 16 of the army rules, 1954 provides as under:a person subject to the act may be released from the service in accordance with the releasing regulations for the army or such other regulations as may be made from time to time.para 105(h) of ..... any interference. he argued that according to para 105(b) of the regulation for the army and clause 23 of the relevant army instructions, the respondent had the right to request for cancellation of the order of his premature retirement. the authorities acted arbitrarily in refusing the request and have not assigned any reason whatsoever in the order dated ..... the regulations of army provides as under:if an officer is forced to seek withdrawal of his application .....

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Apr 01 2010 (HC)

Union of India (Uoi) and ors. Vs. Devi Lal Sahu

Court : Rajasthan

..... against the petitioner has been of intoxication and reads as under:the accused no. 86132836 constable devi lal 'g' coy of 20 bn bsf, is charged with:bsf act intoxication section-26 in that he, at mithrau postt.p no. 6 on 28.10.2003 atabout 0730 hrs was found ina state of intoxication.18. as noticed, the question ..... guilt' amounts to violation of article 14 of the constitution. 19. in the case of chandan singh (supra), another division bench of this court disapproved the proceedings under the army rules on the alleged plea of guilty, inter alia, with the observations that for not obtaining the signatures of the accused, 'the sanctity of such confession becomes doubtful'.20. ..... of guilty without obtaining the signatures of the accused thereupon. it is submitted that even if the decision in bega ram's case had been in relation to the army rules, the said decision essentially deals with the rule that is analogous to rule 142(2) of the bsf rules and the principles therein directly apply to the .....

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Jan 31 2007 (HC)

Ex. Havaldar Birda Ram Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj2681

..... from his salary as contribution towards the said policy. although the a.g.i.s. is a society registered under the societies registration act but it is fully controlled by the regular officers of the indian army.3. while serving the respondents, the petitioner was reported sick. when he was subjected to examination by medical officer at the base hospital ..... fulfilling and completing term of engagement of his rank which is 24 years of service, he was not entitled to the relief prayed for. maturity benefits admissible under the army group insurance scheme, amounting to rs. 7109/- have already been paid to the petitioner and no other amount is due. it has been submitted that the disability benefit ..... those serving as havildars are required to be discharged on completion of 24 years in terms of as provided for by item iii (i) of the table annexed to army rule 13(3) and that fact has not been denied by the petitioner. when the petitioner retired w.e.f. 30.9.1987 having completed 24 years of service .....

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