Judgment Search Results Home > Cases Phrase: army act 1950 section 16 persons to be attested Sorted by: old Page 1 of about 2,157 results (0.085 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 .....

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 .....

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 .....

Respublica Vs. Carlisle

Court : US Supreme Court

..... with respect to this third species of treason, the legislature has further explained the meaning of the words, aiding and assisting, to be, 'by joining the armies of the enemy, or by enlisting, or procuring, or persuading others to enlist for that purpose; or by furnishing such enemies with arms or ammunition, provision ..... finally over-ruled by the court, who gave judgment for the commonwealth; and the defendant, a short time afterwards, was accordingly executed. footnotes [ footnote * ] an act of assembly passed the 3rd december, 1782, has encreased the number of treasons, by declaring, that 'erecting, or endeavouring to erect a new and independant government within this ..... arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania.' the attorney general offering a witness to .....

Respublica Vs. Malin

Court : US Supreme Court

..... of the commonwealth. fost. 11. for, joining the army of an enemy, has always been held prima facie evidence of an overt act. and-- page 1 u.s. 33, 35 by the court it was accordinglly ruled, that evidence might be given of an overt ..... which it is committed. cro. c. 247. 4 bl. c. 301. 3 inst. 48. 49. 80. and that the circumstance of merely joining the enemy's army, being neither treason, nor misprision of treason, unless done with a traiterous intention, no overt act had been proved in chester, which was a prerequisite to any evidence being heard of an overt ..... proved in the county where the trial is held, corroborative evidence may be given of overt acts committed in any other county. fost. 9. 2 hawk. 436. and that having established the prisoner's presence with the british army, nothing, but the proof of actual force, and its continuance, could excuse him from the charge of adhering to the enemies .....

Respublica Vs. Roberts

Court : US Supreme Court

..... a witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the british army; but that he did not succeed. this gave rise to a question on these words of the act of assembly: 'that if any person or persons knowingly and willingly shall aid or assist any enemies at open war ..... now offered will be proper, in confirmation of their testimony. one of the overt acts, then, laid in the indictment, is aiding and assisting the enemy by joining their armies, and this has been legally and satisfactorily proved. notwithstanding, therefore, the other overt act of giving intelligence to the enemy, is not supported by any evidence, but the defendant ..... respublica v. roberts 1 u.s. 39 (1778) by the court: there is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavoured to persuade others to enlist, in the armies of the enemy. but we are of opinion, that the word persuading, used by the legislature, means .....

Respublica Vs. Sweers

Court : US Supreme Court

..... continental congress, to make purchases of military stores, and of divers other articles, necessary and fitting in the preparation of military stores, for the use of the armies aforesaid, and to make payments, and take receipts, bills of parcels, and other vouchers therefor. and the jurors aforesaid, upon their oaths and affirmations aforesaid, ..... necessary that some person should be actually prejudiced. this rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature. upon the whole, we are of opinion, that your conviction has been legal, as well as just; and, therefore, it ..... parcels, and other vouchers, for military stores, and for divers articles, necessary and fitting in the preparation of military stores, purchased for the use of the armies aforesaid, and to keep the accounts thereof: and the jurors aforesaid, upon their oaths and affirmations aforesaid, do further present, that the same cornelius sweers, on .....