Judgment Search Results Home > Cases Phrase: army act 1950 section 166 form of sentence of death Page 45 of about 564 results (0.628 seconds)

United States Vs. Sweeny

Court : US Supreme Court

..... in computing the time of service which entitles an officer to longevity pay, service in a volunteer regiment is service "in the army of the united states," within the meaning of the act of july 5, 1838, the fifteenth section of which (p. 258) enacts "that every commissioned officer of the line or staff, exclusive of general officers, shall be ..... the court of claims syllabus in computing the time of service which entitles an officer in the army to longevity pay, service in a volunteer regiment is not service "in the army of the united states" within the meaning of the 15th section of the act of july 5, 1838, c. 162, 5 stat. 256. this was a petition originally ..... clothing and pay placed on the same footing with similar corps of the united states army, and in section 9 there was a further provision that they should have the organization of the army of the united states, and the same pay and allowances. this act undoubtedly entitled the claimant to the same pay as a volunteer during his term of .....

Mrs. V. Nalini Kumari and Others Vs. Union of India, Rep. by – Mi ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the 4th respondent and the 4th respondent cannot be compelled by any forum to exercise such choice in view of the circumstances stated. according to section-60 (1) cpc and section-28 of army act, 1950, the pay and allowances cannot be attached. the documents produced by the 4th respondent would disprove the case of the applicant. therefore, the application ..... for the 4th respondent that the pay and allowances cannot be attached or cannot be deducted does not hold water in view of the provisions of section-91(i) of the army act, 1950 and, therefore, from the available pay and allowances the computed amount shall be deducted towards the maintenance and if there is any rest, the said ..... have been ordered by the respondents 1 to 3 and the respondents 1 to 3 ought to have exercised their jurisdiction under section-91(i) of the army act, 1950, coupled with para-4(h) of the army order 2/2001 and granted maintenance to the applicants. but they did not do so. therefore, the impugned order not granting .....

Ex No 1383073x Sep Motte Chandra Reddy Vs. Union of India, Through Gov ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... reduction of rank cannot be considered as proportionate, in view of the provisions of section-69 of army act, 1950, and section-304a of indian penal code. section-69 runs thus :- civil offences.- subject to the provisions of section 70, any person subject to this act who at any place in or beyond india, commits any civil offence, shall be ..... deemed to be guilty of an offence against this act and, if charged therewith under this section, ..... of two months 29 days and the rank of the applicant was also reduced. these two punishments are not appropriate in accordance with section-69 coupled with section-73 of army act. considering the facts and circumstances of the case, any one of the punishments should have been imposed on the applicant in consideration of .....

Ex. Capt. P.T. Peethamber Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... allowances and other public money due to him at the time of such cashiering or dismissal will be forfeited. that shows that as per clause (k) of section 71 of army act, payment of all public money in case of a person who has been cashiered and dismissed can be denied to him. therefore, the contention of the petitioner ..... the representation of the petitioner for converting punishment of cashiering to that of compulsory retirement. 6. the counsel for the petitioner also invited our attention to section 71 of the army act. it is true that section 71 from clause (a) to (j) does not debar the payment of pension or gratuity, but clause (k) clearly says that in case of ..... too harsh. it was also pointed out that withholding of his pension and gratuity is unlawful. it was also pointed out that there is no provision under section 71 of the army act which prohibits the payment of pension and gratuity. 4. a reply was filed by the respondent and respondent in their reply have contested the matter and .....

Union of India Vs. Col Ran Singh Dudee

Court : Supreme Court of India

..... dated 20.11.2013, the central government allowed the statutory complaint preferred by the respondent and directed:- 8. now, therefore, the central government, under the powers conferred under section 165 of the army act, 1950 do hereby annul the proceedings of the general court martial findings and sentence dated 16th may, 2005 and confirmation order dated 21st october, 2005 being illegal and unjust and ..... and got commissioned as an officer and was posted as second lieutenant in the ordnance corps of the army. during his career, he received some commendations and appreciations. however, the respondent was summarily tried under section 83 of the army act, 1950 (hereinafter referred to as the act) by commander, 29 artillery brigade for the offence of absenting himself without leave for 03 days from 27 .....

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

Court : Rajasthan

Reported in : RLW2006(3)Raj1734; 2006(2)WLC452

..... gcm and consequent order of punishment is arbitrary and illegal.8. learned counsel for the petitioner next argued that wife of the petitioner, smt. anchi kanwar made petition under section 164 of the army act, 1950 and the competent authority seriously erred in returning the petition without considering it. he contended that smt. anchi kanwar, being constituted attorney for and on behalf of her ..... , as noted above, has been placed on record. counsel for the petitioner contended that the said authority is not competent to confirm the sentence awarded by the gcm. section 154 of the army act, 1950 runs as under:154. power to confirm finding and sentence of generalcourt-martial.the findings and sentences of general courts martial maybe confirmed by the central government, or by .....

Gulzi Bhai and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ295

..... military authorities of the persons liable to be tried to by court martial. this section is quoted below:549 - delivery of military authorities of persons liable to be tried by court martial - (1) the government may make rules consistent with this code and the army act in force in the state or any similar law for the time being in ..... this code applies, or by court martial, and when any person is brought before a magistrate and charged with an offence for which he is liable, under the army act in force in the state to be tried by a court martial, such magistrate shall have regard to such rules, and shall in proper cases deliver him, together ..... 17th july, 1999 to investigate into the circumstances regarding the death of three army personnel. while this inquiry was being conducted, police filed a charge sheet on completion of investigation in fir no. 25/99 for offence under section 302/307/34 rpc and 7/25 arms act in the court of ist class judicial magistrate, akhnoor against the present .....

Ex.Gnr Satyaveer Singh Vs. Union of India and anr.

Court : Delhi

..... officer to direct that evidence be reduced to writing.4. the tentative charge sheet with respect to which hearing of the charge proceedings were held reads as under :army act section 39 (b) without sufficient cause er over staying leave granted to him in that he, at field having been granted leave of absence from 06 aug 94 to ..... and confined to lines for 14 days. on december 22, 1992 likewise being convicted for offence under the same section he was sentenced imprisonment for 2 months. on may 24, 1993, punished for an offence under section 39 (b) of the army act, he was imprisoned for two months and lastly on december 27, 1993 on being convicted for an offence ..... punishable under section 39 (b) of the army act he was imprisoned for 28 days.22. record would reveal that the petitioner was .....

Smt Balvinder Kaur Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... applicant contends that the armed forces tribunal (aft) had no jurisdiction over the case as mns officers are not included in sub section 2 (i) of the army act 1950. mns officers are governed by the indian military nursing service ordinance 1943 (ordinance 1943). this prescribes that only for two offences, ..... namely absence without leave and violation of good order and military discipline above are applicable to mns officers. rule 6 of the ordinance 1943 generally re-iterates the punishments that can be imposed on mns officers. section ..... they were indian commissioned officers and the provisions of the army act shall apply to officers of the nursing services mentioned in sub section (2) of the said section, as if they were officers of the regular forces; and references in the said acts to military ranks shall, in relation to the nursing .....

Maj General (Retd.)A.K.Lal Versus the Union of India Through Secretary ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... him to have any grievance from that finding/sentence. 3. the scheme under army act may also be referred in this connection. the relevant chapters of the army act, 1950 embody a completely self contained comprehensive code specifying the various offences under that act and prescribing the procedure for detention and custody of offenders, investigation and trial of ..... for the petitioner to have felt aggrieved from such findings/ order. it has also been submitted that the chief of the army staff could not exercise his powers under section 153 of the army act because of the undertaking given from the side of the respondents in the tp civil appeal (17/09) in rajasthan high ..... .chandrakant shankar lokhande (1995) 3 scc 413) have to be understood. these observations do not apply. 6. in view of the arrangement made under section 153 of the army act, there is legislative bar to give any effect till the findings of gcm are confirmed by the appropriate authorities. that bar has not yet ceased. appeal .....