Judgment Search Results Home > Cases Phrase: army act 1950 section 168 execution of sentence of transportation Court: punjab and haryana

Ex. Rfn. Hoshiar Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2006)144PLR97

..... that the petitioner was hospitalised for the period for which he has been treated as absent from duty. such an order would flagrantly violate section 39 of the army act, 1950, therefore, we do not find any justification for the respondents to conclude that merely because the petitioner was not paid the salary under regulation ..... court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment or field punishment by an officer exercising authority under section 80 of the army act, 1950; note: jcos and ncos under 'close arrest', but not in confinement, will incur no forfeiture of pay and allowances. for persons below nco ..... applied; e) imprisonment awarded by a criminal court, or imprisonment or field punishment awarded by a court martial, or an officer exerting authority under section 80 of the army act, 1950; note: in case the sentence of imprisonment or punishment is suspended, the individual will be entitled to draw full pay and allowances from the date .....

Lt. Col. S.S. Chahal Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR49

..... is prescribed only under the administrative instructions which cannot be taken into consideration. the respondents did not move against the petitioner under section 19 of the army act, 1950 read with rule 14 of the army rules 1954. the 1978 instructions had not contained any provision to place a d.v. ban, if action is contemplated under ..... 7 contracts valued at rs. 44 lacs (approximately) and issued supply orders worth over rs. 7 lacs. for this, the petitioner was tried under army act section 63 for 'an act prejudicial to good order and military discipline'. in the second charge, it was stated that ' he at chandigarh, on 1.10.1985, while performing ..... respondents from taking administrative action on the same allegations. the respondents had, therefore, decided to initiate proceedings against the petitioner under section 19 of the army act, read with rule 14 of the army act, much before, the dv ban had been imposed against the petitioner. therefore, even if the petitioner had been put in the .....

Jagraj Singh (No. 14412115k) Vs. Union of India and Others

Court : Punjab and Haryana

..... transfer, if such a cours.is warranted on the merits of the case, a wo or an nco may be reduced to one rank lower than his substantive rank under army act section 20(4).procedure for dismissal/discharge of undesirable jcos/wos/or 4. ar 1.and 17 provide that jco/wo/or whose dismissal or discharge is contemplated will be given ..... on 10.9.2007 seeing no improvement, he was again marched up to the then commanding officer and awarded seven days pay fine for the offence of intoxication under section 48 of the army act. the petitioner, it is submitted, had been a bad example to the troops which was proved from the fact that he had earned five red ink entries in ..... the learned counsel appearing for the respective parties, the gist of the disparaging entries which have been awarded to the petitioner may be noticed which are as follows:- (a) army act section 39(a) - 07 days rigorous imprisonment (absenting himself awarded on 25 dec 1997. without leave) (red ink entry) cwp no.6991 of 2012 (o&m) [9].(b .....

Union of India (Uoi) and anr. Vs. Ajaib Singh No. 1256394 Wex-gunner ( ...

Court : Punjab and Haryana

Reported in : (1997)117PLR819

..... conducting the summary court-martial. we find no merit in the submission of learned counsel for the respondent regarding non-compliance of the provisions of section 130 of the army act.16. admittedly, the delinquent/writ-petitioner ajaib singh (who is respondent before us) has served and suffered the sentence of imprisonment awarded to him ..... without more, vitiates the proceedings. while controverting this averment of the writ petitioner, the appellant/union of india contended that if bare perusal of section 130 of the army act would go to show that it relates to all the trials by general, district or summary general court-martial and it omits the proceedings before ..... it was further contended by the appellants that as per provisions of pension regulation para 123(c)(t) the petitioner after his punishment under section 38(1) of the army act was required to serve minimum period of three years in an exemplary manner after completion of the punishment in order to become eligible for pensionary .....

Rajbir Singh Sepoy/Lans Naik Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR680

..... . 37-e dated september 5, 1977, which is to the following effect :-'14. s.r.o. 17(e) - in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950) and in suppression of the notification of the government of india in the ministry of defence no. sro 6-e, dated the 28th november, 1962, the central ..... government hereby declares that all parsons subject to that act who arc not on active service under clause (i) of section 3 thereof shall, while serving in ..... the court before which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.'8. under section 70 of the army act, an offence of murder against a person not subject to military, naval or air force law or of culpable homicide not amounting to murder or of rape .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... in the manner as is being done. if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. since the writ of habeas corpus is being ..... court martial and the enhanced sentence, as imposed on petitioner no.1, was confirmed by the confirming authority. petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. was confirmed. this petition ..... respondents is without jurisdiction. not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. counsel further contends that this is being done while misinterpreting the order passed by the principal bench of the tribunal at delhi. before filing the .....

No.143740509k Hav/Clk Surinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... . whereas gcm, dcm and sgcm are convened by the officers authorised in this regard as given in sections 109, 110 and 112 of the army act but scm is held by co as laid down in section 116 of the army act. section 116 of the army act is as under:- summary court-martial.- (1) a summary court-martial may be held by the of ..... tried by his proper co.there may be a need to elaborate this plea in the light of challenge. there are four kinds of court martial provided for under the army act. (section 108 refers).these are:- (a) general court martial (gcm for short) (b) district court martial (dcm for short) (c) summary general court martial (sgcm) (d) summary ..... examine and cross-examine the witnesses in this factual background, which could be denied to him. the petitioner was charge sheeted for an offence under section 57(e) of the army act. this section punishes a person who obtains for himself or any other person any pension, allowance or other advantage or privilege by a statement, which is false .....

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 1990CriLJ1417

..... deals with furlough and parcle. according to section 5 of the code of criminal procedure, nothing contained in the code applies to any special or local law in the absence of a specific provisions to the contrary. there being a specific provision in the special law, namely, army act, 1950, no provision of the code of criminal ..... a return was filed in the connected writ petition no. 1511 of 1989. it was staed that the army act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down in army headquarters letter no. 2248/psi dated june 24, 1963. according to the instructions, periodic review was made ..... 705 (punj & har), the learned judge construed the expression 'until such person is dischrged or removed in due course of law' occurring in section 3(2) of the transfer of prisoners act, 1950. reference was made to a division bench decision in sitaram baralal v. state of madhya pradesh, air 1969 madh pra 252, from which the .....

Major S.P. Chadha Vs. Chief of the Army Staff, Through Military Secret ...

Court : Punjab and Haryana

Reported in : (1990)97PLR358

..... the learned counsel for the parties and gone through the record. .10. the learned counsel for the petitioner contended that once the army authorities have exercised their discretion under section 125 of the army act and taken over the case from the ordinary criminal court they subsequently cannot send back the case to the criminal court again, for trial ..... civil authorities for ordinary trial. once it was submitted before the supreme court that the trial under the army act was not contemplated and the one in progress was dissolved, then the trial of the petitioner under the army act normally is not possible.13. the challenge to the order of suspension of the petitioner was on the ..... respondents could not show me any provision under which the case once claimed for trial from civil authorities for trial under the army act could be handed back for trial once the trial under the act was not opened or possible.12. once a decision is taken that the petitioner cannot be brought to trial under the .....

Major Jagjit Singh Dhillon Vs. Union of India (Uoi) Through Secy., Def ...

Court : Punjab and Haryana

Reported in : AIR1970P& H346

..... exercise his individual judgment in the matter nor did he direct the issue of the show cause notice. sections 18 and 19 of the army act, 1950, are as under:--'18 tenure of service under the act --every person subject to this act shall hold office during the pleasure of the president.' '19 termination of service by central government -- subject ..... has been filed by capt. jasbir singh, staff capt. station headquarters, chandigarh.4. the learned counsel for the petitioner has pointed out that under section 13 of the army act the president in his individual judgment can pass an order terminating the services of the petitioner or to issue show cause notice before making such order. ..... the show cause notice dated november 7, 19g3, and april 9, 19g4, asking him to show cause why his services should not be terminated under section 18 of the army act. the show cause notice was served on the petitioner by the officiating officer commanding on may 3, 19g9. to this notice the petitioner submitted an .....