Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Page 1 of about 523 results (0.205 seconds)

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....

Major Gopinathan Vs. the State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382

..... no. 48 of 1950), hereinafter called 'the army act', offences have been categorised into four categories ..... army act offences, the liability of an offender committing them to be tried by a court-martial does not arise unless and until he is 'charged therewith' under the sections, i.e., unless and until formal charges contained in a charge-sheet have been drawn up.6. to appreciate the contentions a few more factsmay now be noted.under the scheme of the army act, 1950 (act ..... in an ordinary criminal court of a civil offence. in spite of the fact that the civil offence is deemed to be an army act offence under section 69 of the army act, if the contention of the learned counsel for the non-applicant be correct, it cannot be sent for trial to a court-martial .....

S. Sakthivel Vs. Col. Commanding Officer, Artillery Depot Regiment and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... exhibit-1 (surrender certificate). but, once the appellant/accused had voluntarily surrendered before the respondents, they ought to have proceeded against him as per section 39 of the army act 1950, which specifically deals with absence without leave of personnel. there is no material placed before this tribunal to show that after the appellant/accused had ..... centre, nasik road camp and was taken on strength as an individual, pending disciplinary inquiry. p.w.1 would further add that since action as per army act section 142(5) had already been carried out earlier, the documents as initiated on 28th july 2008 were duly cancelled vide artillery centre, nasik road letter no. ..... the respondents have chosen to resort to court martial proceedings after framing a charge against the appellant/accused under section 38(1) of the army act instead of proceeding against him under section 39(b) of the army act even after he voluntarily surrendered under exhibit-1. p.w.4 in his evidence has also spoken to .....

Major Parvesh Chander Suri Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1987)2GLR1043

..... article 227 of the constitution cannot be avoided.2. with, view to appreciate the rival contentions, facts leading to the prosecution and conviction of the appellant under section 41 of the army act, 1950 by the general court martial be narrated.3. the appellant was a major in 3 - engineer regiment under 11 infantry division since june, 1979 at ahmedabad ..... case may be, the functions of a commanding officer in regard to matters of the description referred to in the relevant provisions of the army act.27. under section 7 of the army act, every person, subject to the army act, is deemed to be under the commanding officer of the corps, department or detachment, if any, to which he is attached, ..... .s. bajaj was a superior officer, then it is evident that the orders were disobeyed by the appellant and he committed the offence specified in sub-section (2) of section 41, army act. the fact as to whether major p.s. bajaj was a superior officer on 15-7-1982 has to be considered in the light of various .....

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1984)1GLR429

..... - any person subject to this act who commits any of the following offences, that is to say-(a) begins, incites, causes, or conspires, with ..... satisfied that the provisions of the army act and the rules are properly followed. now so far as article 20 is concerned, clauses (2) & (3) do not apply and they are not pressed into service. now they are charged for committing the offences under sections 37(b) & 40(a) of the army act, 1950. section 37 reads as under:37. mutiny ..... was thought that what is required to be challenged is the army act itself and the challenge is that sections 124 & 125 of the army act are unconstitutional and so also rule-61. now section 124 of the army act, 1950 reads as under:124. place of trial - any person subject to this act who commits any offence against it may be tried and .....

Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2002(64)DRJ379

..... that in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... detention as done by the hon'ble supreme court in bhim singh's case.(c) issue writ order or direction of appropriate nature striking down the provisions of section 153, 154 and 160 of the army act 1950.(c-1) issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10.1996 invoking ..... offence, the trial is not vitiated. it was held:'8. the next point which was unsuccessfully urged before the high court was in the context of section 122 of the army act of 1950 which prescribes a period of limitation of three years. the high court did not accede to the submission in this behalf having regard to the law enunciated .....

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 55(1994)DLT217; 1994(30)DRJ178

..... discipline among them.' 30. the parliament enacted the army act 1950 to consolidate and amend the law relating to governing of the regular army. the conditions of service of defense personnel is governed by the army act 1950 under chapter iv. section 18 of the army act governs the tenure of service under the army act and it stipulates that every person subject to army act shall hold office during the pleasure of the ..... president. this section reiterates the constitutional position set out in article 310 of the constitution. section 21 of the army act provides for power to modify certain fundamental .....