Judgment Search Results Home > Cases Phrase: army act 1950 section 166 form of sentence of death Page 47 of about 564 results (0.099 seconds)

Ramesh Kumar Vs. Union of India and Ors.

Court : Supreme Court of India

..... government, the appellant was reinstated in service w.e.f. 29.10.1994. the appellant was again put to summary court martial for committing offence under section 54(b) of the army act and by an order dated 18.02.1995; the appellant was awarded severe reprimand/red ink entry for the offence of loosing identity card.3. case ..... and (iii) rigorous imprisonment for one year in civil prison. aggrieved by the order passed in summary court martial, the appellant preferred a statutory complaint under section 164 of the army act. the central government vide order dated 17.08.1994 commuted the punishment modifying it to one of severe reprimand and further remitted the sentence of dismissal from ..... to the rank of havildar on 01.08.1989. while the appellant was so working, a summary court martial (scm) for the offences under sections 41(i), 39 (a) and 63 of the army act was initiated against him. after completion of the inquiry and on proved charges by an order dated 03.06.1992, the appellant was sentenced .....

Balwinder Singh Vs Union of India and ors.

Court : Delhi

..... law, that the protection, given in the ndps act, are not applicable to the members of ..... apex court has pointed out that even an army personnel is entitled to the protection, which the narcotic drugs and psychotropic substances act (in short, 'the ndps act') gives to any other person. in other words, the protection available, in the form of sections 42 and 50 of the ndps act, shall be applicable to the case of even an army personnel, for, there is nothing, in the .....

Cpl Debasish Sen Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2006(1)Raj486

..... of each right. that would be reading with article 33 a requirement which it does not enjoin. hence, every provision of the army act enacted by the parliament, if in conflict with the fundamental rights conferred by part-iii, shall have to be read subject to article ..... 33 as mental rights to the extent of inconsistency or repugnancy between part iii of the constitution and the army act.24. in delhi police non-gazetted karmchari sangh and ors. v. union of india and ors. : (1987)illj121sc , it was held ..... , 2004, the petitioner had incurred 7 red ink entries. on 1.9.2004, one more show-cause notice along with extract of section iv conduct sheet of sheet roll from 16.8.2002 to 19.7.2040 was issued to the petitioner the effect that as to ..... red ink entries.4. on 31.12.2003, respondent no.2 issued a show cause notice (annex. 3) along with the extract of section iv of conduct sheet of sheet roll from 16.8.2002 to 15.8.2003. the petitioner gave reply dated 14.1.2004 (annex. .....

Union of India Vs. Sohan Singh

Court : Jammu and Kashmir

..... writ petition swp no. 2071/99. a learned single judge of this court, set aside the respondent s conviction under section 40(a) of the army act, while upholding his conviction and sentence under sections 39(a) of the act, vide judgment and order dated 21-08-2001. aggrieved by the judgment, union of india has filed this appeal ..... the learned single judge had proceeded on a wrong premise that the punishment for dismissal from service was pursuant to respondent s conviction under section 40(a) alone of the army act because the records, on the other hand, demonstrate that the punishment of dismissal from service was not a separate punishment under ..... and dismissal from service, pursuant to his conviction under section 39(a) of the army act, for absenting without leave from september 4 to september 16, 1998 and under section 40(a) of the army act for using criminal force against his superior officer on september 26, 1998 besides under section 39(a) for absenting without leave from september 26 .....

K.S Tiwari Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... from the available records, it is clear that he was sentenced to undergo imprisonment for six months and to be dismissed from service for the offence under army act section 64(c). it was stated that the appellant was hospitalised and put to psychiatric treatment and he was placed in the lower medical category of cee by ..... of 1998 before the delhi high court seeking to quash the summary court martial (scm) proceedings, whereby he was held guilty of having committed the offence under army act section 64(c) and sentenced him to undergo rigorous imprisonment for six months and to be dismissed from service. simultaneous prayer also has been made in the writ petition ..... the scm proceedings which denied him the opportunity to have his say in the matter. that apart, there was clear violation of the provisions of sections 145 to 149 of the army act. 4. resisting the appeal, learned counsel for the respondents, inter alia, contended that the appeal is belated. the appellant was discharged from service .....

T.R.U. Nair Vs. The State Of Chhattisgarh, Through its Secretary Depar ...

Court : Chhattisgarh

..... in the order of discharge of the appellant by the competent authority does not take away the jurisdiction of the authority under section 22 of the army act. therefore, the order of discharge of the appellant from the army service cannot be vitiated on this sole ground as contended by the learned counsel for the appellant. 29. in n. mani ..... pp. 260-61, para 19) 19. it appears that the competent authority has wrongly quoted section 20 in the order of discharge whereas, in fact, the order of discharge has to be read having been passed under section 22 of the army act. 9. it is well settled that if an authority has a power under the law merely ..... resolution of termination was also sent to the said authority. drawing attention to the documents available on record, they would submit that the provisions contained in section 94(4) of the act, 1961 and the rules 1968 have been followed, therefore, there is no illegality or irregularity in imposing the penalty of termination. 5. material available in .....

Arun Kumar Banerjee and anr. Vs. the State

Court : Kolkata

Reported in : AIR1962Cal504

..... same fact. this is not a question of corroboration. this is a question of conduct and relevant fact. the statement which arun made to bhota nath comes under section 8 of the evidence act. section 8 provides that any fact is relevant which shows or constitutes a motive or preparation for any fact m issue or relevant fact. the fact in issue or ..... of a disturbed mind on the publication of the photograph in the newspaper and the suggestion that such photograph was that of his dead wife sadhana. even under section 21 of the evidence act an admission is relevant and may be proved against the person who makes it when such an admission consists of a statement of the existence of any state ..... 105, dum dum road, sil colony, came to p. s. and reported that his daughter of the following description has gone away somewhere else from his home on 24-7-1950 (sandha) evening. before her going she told that his sen-in-law asked her to go to sealdah station and as such she was going. she did not turn up .....

H.A. Gopinath S/O H.N. Anathraman and Vs. the Special Land Acquisition ...

Court : Karnataka

Reported in : 2009(3)KarLJ500

..... 3rd respondent had ceased to be the owner and the writ petitioners had acquired titled to the schedule property. however, after receiving notice under section 12(2) of the land acquisition act, writ petition no. 51392 of 2004 is filed contending that what is acquired as per the acquisition proceedings by the respondents-1 and 2 ..... petitions is the same and there was a mistake in mentioning the name of the village in the notice issued to the appellants herein under section 12(2) of the land acquisition act. after the issuance of the preliminary notification, bangalore east taluk was formed and the same was carved out of the portion of the ..... is further averred that a public notice was issued on 03.02.2003 regarding the acquisition proceedings under sub-sections (1) and (3) of section 17 of the bangalore development authority act, 1976 and section 4(2) of the land acquisition act, 1894 in respect of the schedule property. the petitioners filed objections to the said notifications dated 03.02. .....

R.S. Kalra (Major) Vs. Union of India and ors.

Court : Delhi

Reported in : 2000VAD(Delhi)569; 2000(56)DRJ528

..... central government dated 5.9.1974 is concerned, it was submitted that central government did not exercise its powers under section 165 of the army act on the revision petition filed by the petitioner and thereforee failed to exercise its jurisdiction challenging the order dated 11.3 ..... dated 22.11.1972 was confirmed by respondent no.3 on 3.4.1973. petitioner preferred an appeal under section 164 of the army act to the chief of army staff namely respondent no.2. this was however rejected by respondent no.2 and decision was conveyed to the ..... lt.col. in 1972. on 14.11.1972 he was tried and convicted by gcm under sections 47 & 63 of army act and was sentenced to forfeiture of seniority of substantive rank of major for two years and severe ..... he received reply dated 5.9.1974 to the effect that since he had already exhausted his right to appeal under the army act no cognizance could be taken of such an appeal filed by the petitioner before the central government. thereafter the petitioner filed .....

A.K. Malhotra Vs. Union of India

Court : Delhi

Reported in : 66(1997)DLT792; 1997(41)DRJ353

..... and of the no statutory pension regulations of 1961. (17) provisions of the army act, rules 14(5),15 and pensions regulations 3,4,16(a); (18) we shall first refer to the provisions of the army act and of the rules. chapter iii deals with commission, appointment and enrolment. chapter iv (sections ..... from section 71(h) and (k) (3) whether the impugned order passed against the petitioner forfeiting his pensionary benefits is arbitrary and liable to be quashed? points 1 & 2 (16) before dealing with this aspect of the matters, it is necessary to refer to the relevant provisions of the army act, 1950 and of the army rules 1954 ..... nor reduce him in rank nor order that his retiral or other benefits be forfeited. but the position of those governed by the army act is different. the court martial has power under section 71 of the army act - as part of the power to impose punishments - to order dismissal, reduction of rank/forfeiture of pay, pension etc. ( .....