Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Court: supreme court of india Page 7 of about 373 results (0.343 seconds)

Union of India (Uoi) and ors. Vs. Ashok Kumar and ors.

Court : Supreme Court of India

Reported in : AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)

..... concurrent jurisdiction; otherwise the expression 'as the case may be' would be rendered surplus and meaningless. reference was made to section 19 of the army act, 1959 (in short 'army act') and rule 14 of the army rules 1954 (in short 'army rules'). it was noted that the language was in pari materia, except the words 'as the case may be' ..... with corresponding section and rule of the act and the rules respectively. therefore, it was held that use of expression 'as the case ..... rule 8 of the transaction of business rules, 1961. (iv) the authorities have removed him from service without following the provisions of law contained in section 10 of the act read with rule 20 of rules, as the central government has neither recorded the satisfaction to the effect that it is inexpedient and impracticable to hold .....

State of Haryana Vs. Balwant Singh

Court : Supreme Court of India

Reported in : AIR2003SC1253; 2003(2)JKJ11[SC]; (2003)IILLJ527SC; 2003(2)SCALE599; (2003)3SCC362; [2003]2SCR557; 2003(2)LC943(SC)

..... dismissing or removing from service. only further action is taken under regulation 16(a) in relation to forfeiture of pension. thus, punishing a person under section 71 of the army act and making order under regulation 16(a) are entirely different. hence, there is no question of applying principle of double jeopardy to the present case.'7. ..... same offence. punishment is imposed under section 71 of the army act after (sic) by court martial. passing an order under regulation 16(a) in the matter of grant or forfeiture of pension comes thereafter and it ..... held thus:-'a contention, though feebly, was advanced on behalf of some of the respondents that forfeiture of pension in addition to the punishment imposed under section 71 of the army act amounted to double jeopardy. in our view, this contention has no force. there is no question of prosecuting and punishing a person twice for the .....

J.S. Sekhon Vs. Union of India

Court : Supreme Court of India

..... gcm commenced its proceedings and provided the appellant the right to raise objections of being tried by any officer sitting on the court in accordance with section 130 of the army act, 1950 read with rule-44 of the army rules, 1954. he raised no objection at the time. however, at a subsequent stage of the trial he objected to being tried by the presiding ..... therefore not only there was no violation of section 122 of the army act, but there was also no contravention of paragraph 449(b) of the army regulation.10. in the light of the aforesaid submissions of the counsel appearing for the parties, we have perused the relevant provisions of the army act, 1950 (for short "the act") and the army regulations as also various documents and the decisions .....

M.M. Malhotra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)

..... army act 1950 (in short 'army act') and army rules, 1954 (in short 'army rules'). constitutional validity of rule 14 of the army rules which is on the same line as rule 16(4) of the rules was questioned in union of india v. capt., s.k. rao, : [1972]2scr447 . the challenge was found unsustainable. it was, inter alia, observed as follows:'14. section ..... issued to the appellant by which he was called upon to show-cause as to why he should not be dismissed/removed from service under section 19 of the air force act; 1950 (in short the 'act') read with rule 16 of the air force rules, 1969. the charges leveled in the show-cause notice against the appellant on the ..... to be cashiered or to suffer such less punishment as is in this act mentioned. for removal from service under section 19 of the army act read with rule 1-4 of the army rules, 1954, a court-martial is not necessary. the two sections 19 and 45 of the act are, therefore, mutually exclusive.'above being the position, the appellant's stand .....

K.D. Gupta Vs. Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1983SC1122; 1983LabIC1310; 1983(2)SCALE80; (1984)1SCC153; 1983(2)SLJ132(SC)

..... to be the case of the petitioner also. in paragraph 25 of the writ petition, the petitioner has stated :it is submitted that under the act or rules or army instructions there is no provision for down grading the promotionary selection grade or reverting an officer on medical grounds. except that reversion may only occur in ..... pune on sick transfer for examination by consultant (psychiatry). the reason suggested for the fresh medical examination was that at the time when the petitioner was upgraded to section 1 category, an earlier episode of 1963 had not been taken into account. after medical examination, the petitioner was, this time permanently downgraded to s-2. according ..... infantry division till november 16, 1976. by an order dated november 16, 1976, the petitioner who was described in the order as acting lieutenant colonel was posted as 'gdo (maj/capt) 152, gl sec type c vice capt. i.k. bedi'. apparently the post to which the petitioner was transferred by the order dated november 16, .....

Union of India and Others Vs. Lt. Col. Komal Charan and Others

Court : Supreme Court of India

Reported in : AIR1992SC1479; [1992(65)FLR397]; JT1992(4)SC136; 1992LabIC1549; 1992(1)SCALE1308; 1992Supp(3)SCC186; 1992(2)LC147(SC)

..... the army act and his contention has been that the provisions of the national cadet corps act, 1948, the rules framed thereunder and the letter dated 23.05.80 in pursuance of which the respondents were granted permanent commission, settled the question. the corps has been established under section 3 of the n.c.c. act. section 9 of the act authorises ..... to be as under fundamental rules. the learned counsel referred to the provisions of the n.c.c. act, the army act and certain statements made in the affidavits filed in the present case in support of his point that the army or marine regulations have no application to the respondents. we are afraid, the argument is based on ..... at all. mr. mukhoty the learned counsel for the respondents has, in reply, argued that the n.c.c. act and the rules do not lay down the age of superannuation of such officers and the army act which prescribes different age of retirement is not applicable. according to the learned counsel, the result is that the general .....

Union of India Rep. By the Secretary Ministry of Home Affairs Vs. Ran ...

Court : Supreme Court of India

..... justice for the purpose of any law referred in section 25(1) of the pc act. only the army act, 1950; the air force act, 1950; the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 are the statutes included in section 25 of the pc act. there was no declaration by the legislature that ..... any court or authority under the army act, 1950; the air force act; 1950, the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 shall not be affected by the pc act. for the removal of doubts, it was declared in section 25 (2) of the pc act that for the purposes of ..... he made an attempt to submit that the 2006 act would fall within the sweep of section 25 of the pc act, in view of s.r.o. 318 issued under the army act, 1950. s.r.o. 318 which was issued under section 4 (1) of the army act made the provisions of the army act, 6 except those specified in the schedule annexed .....

Maj. (Retd.) Hari Chand Pahwa Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : 1995(4)SCALE552; 1995Supp(1)SCC221

..... an officer who is still in service and who was retired from service provided the gcm proceedings are initiated within the period of limitation provided under sub-section (2) of section 123 of the army act.5. we do not agree even with the second contention advanced by the learned counsel. the provisions of regulation 16(a) are clear. even ..... been amended and the period of six months has been extended to that of three years). though the appellant had retired from the army service, but by operation of sub-section (1) of section 123 of the army act, he could be tried by the gcm in respect of the offences committed by him during the period of his actual service ..... .s. manhas, learned counsel for the appellant has raised two contentions for our consideration. inviting our attention to section 123 of the army act (the act), he has contended that even though a retired personnel who is not subject to the act may be tried by the gcm but the punishment which can be awarded to him is only that which can .....

Union of India and Others Vs. Andnd Singh Bisht

Court : Supreme Court of India

Reported in : 1996VIAD(SC)557; AIR1997SC361; (1997)1CALLT41(SC); 1996CriLJ4435; 1996(6)SCALE357; (1996)10SCC153; [1996]Supp5SCR306

..... case this court has held that the provision for set off contained in section 428 of the crpc is not attracted in the case of persons convicted and sentenced by court martial under the army act. it has been indicated by this court that the army act, the navy act and the air force act constitute special laws in force conferring special jurisdiction and powers on courts ..... by the court martial under the code but only in accordance with the special procedure prescribed by the army act. there is, therefore, absolutely no scope for invoking the aid of section 428 of the crpc in respect of prisoners convicted by court martial under the act. the decision of the calcutta high court rendered in the case of the respondent anand singh bisht .....

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

..... and a fresh court martial was not available to be constituted as a reference thereto was barred by limitation. the court martial was, therefore, dissolved under section 117 of the army act, 1950, (referred to hereinafter as 'the act') and the respondent was handed over to the civil authorities for being tried by a regular criminal court. in these circumstances, this court dismissed the aforesaid ..... the relevant provisions of the act.9. the army act, (referred to as 'the act' as aforestated) was enacted in 1950 to consolidate and amend the law relating to the government of the regular army. under the act, there are certain offences which are peculiar to the army and which are triable by court martial alone. under clause (xvii) of section 3 (definition section) of the act, the word 'offence' is .....