Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Court: karnataka Page 1 of about 270 results (0.305 seconds)

Union of India (Uoi) and ors. Vs. Lt. Col. Rakesh Gautam

Court : Karnataka

Reported in : 2008(6)KarLJ202; 2008(3)KCCR1530; 2008(5)AIRKarR28(DB)

..... 2001 and it was completed in july 2001. on 25-2-2002 a general court martial was ordered against the writ petitioner under the provisions of the army act, 1950. the proceedings of the general court martial were commended on 13th march, 2002 and were concluded on 1st april, 2002. the petitioner was held guilty ..... 4. though several contentions were raised in the writ petition, the learned single judge considered only the question regarding the bar of trial under section 122 of the army act. even though the petitioner specifically contended in the writ petition that the time gap between the knowledge of the alleged offence and the holding ..... the knowledge of the authority competent to initiate action. therefore the general court martial held against the petitioner was clearly barred by limitation under section 122 of the army act. therefore, the entire general court martial proceedings against the writ petitioner were illegal and unauthorised and the learned single judge was right and justified .....

C. Ramanujan Vs. State of Mysore

Court : Karnataka

Reported in : AIR1962Kant196; AIR1962Mys196

..... court, it would be no longer be possible for the military authorities to ask for an order for delivery of the offender under section 549 of the code of criminal procedure. section 125 of the army act which confers which tribunal the offender shall be tried, does not provide for the delivery of the offender to the military authorities. the ..... delivery to them.(6) the clear effect of the three statutory provisions to which i have referred, viz., section 125 of the army act, section 549 of the code of criminal procedure and rule 3 of the rules framed under section 549, is that if a person commits an offence for which he could be tried under the code of ..... .(10) this argument rests entirely upon the expression 'shall be instituted' occurring in s. 125 of the army act. i do not consider this argument to be substantial.(11) it is no doubt true that section 125 of the army act, says that it is for the military authorities to decide whether the proceedings shall be instituted before a criminal .....

S.R. Ujjankop Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR1949; 1994(3)KarLJ325

..... engineering force, the lok sahayak sena and the para military forces'.7. at annexure-b which was issued in exercise of the powers conferred under sub-section (1) & (4) of army act, 1950, which is an extract from the gazette of india reads as under:-(1) applies to the general reserve engineer force raised and maintained in india under ..... notification no. 6-e dated 28 nov.62 (army order 517/62- refers) that all persons subject to army act, shall wherever they may be serving, be deemed to be active service within the meaning of section 9 of the army act read in conjunction with clause (i) of army act section 3.2. since army act sections 3 and 9 are both applicable in the case ..... said that the members of gref answer the description of 'members of the armed forces' within the meaning of article 33 and consequently the application of section 21 of the army act to the members of gref can be said to be protected by that article and the fundamental rights of the members of gref can be said to .....

Union Of India, Ministry Of Defence, New Delhi and Others Vs. Minter M ...

Court : Karnataka

..... issued to the employee prior to the dismissal and also the dismissal order: "show cause notice: 1. reference:- (a) army act sec. 40(a) of manual of military law volume ii. (b) army act section 20 read with army rule 17 of manual of military law volume ii. 2. it has been noticed that you lack the desired standard of ..... employee misbehaved with a military person and was reprimanded and secondly, for the misconduct dated 7/18.03.1994, for the misconduct attracting punishment under section 40 of the army act. this section deals with offences relating to the 'use of criminal force or assault, by using threatening language to such officer or using insubordinate language to ..... was called upon to show cause as to why his service should not be terminated under the provisions of army act section 40(a) of manual of military law volume 2 read in conjunction with army act section 20 and army rule 17, but on the employee admitting the allegation and apologizing for the same, the competent officer has .....

Thimmanna Vs. Union of India and anr.

Court : Karnataka

Reported in : 2002(1)KarLJ51

..... a just decision in the case. i should say that he did assist the court well on the point. while drawing my attention to sections 116 and 120(4) and (5) of the army act, it was pointed out by the amicus curias that the petitioner herein came to be subjected for a summary court-martial and as per ..... and section 71(e) of the said act provides dismissal from service as one of the punishments for such an offence. the ..... disproportionate to the charge or tainted with illegality as contemplated under the army act. 6. as i see, para 14 of the said judgment, the court had observed as hereunder: '14. chapter 6 of the army act specifies the offences and also the punishments for such offences. section 39(a) specifies that to be absent without leave constitutes an offence .....

S. Venkatesh Murthy S/O Late Dr. S.V. Srinivas Rao Vs. Union of India ...

Court : Karnataka

Reported in : [2007(114)FLR882]; 2007(3)KarLJ246; 2007(3)KLJ246; 2007(2)KCCR877; 2007(2)AIRKarR130

..... civil services (classification, control and appeal) rules 1965 and the provisions of the army act 1950 and army rules 1954 in matters of discipline. whenever a member of gref was charged with misconduct amounting to an offence under the army act of 1950 the disciplinary action would be initiated against the members of gref for purposes of discipline ..... for the purpose of article 33 of the constitution of india which regulates conduct an discipline of the constructional agency. hence, certain provisions of the army act and rules have been made applicable upon the gref personnel and they are governed by central civil service rules for other benefits like pay and allowances, ..... and the same is not violative of article 14 of the constitution and accordingly, it was of the view that the power conferred on the authorities to take action either under the central rules or under the army .....

Naik Shekharappa Olekar S/O Late Hanumappa Olekar Vs. Union of India ( ...

Court : Karnataka

Reported in : 2007(1)AIRKarR185

..... to 138, medium regiment, who is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the army act, 1950 [for short, the act, particularly under section 39(a) of the act on being tried by summary court martial proceedings in terms of the order dated 1-11-2002 [copy at annexure-a to the writ petition].2. ..... which was required to be confirmed and therefore the very provision of section 164 of the act is not applicable. though the impugned order at annexure-a may recite that an appeal lies to a particular officer, in fact, it is not any statutory appeal in terms of the army act and rules and if such an appeal/representation had been made and ..... that officer has disposed of, no exception can be taken to that order on the premise that the order is not one in consonance with section 164(2) of the act this is so in view of the fact that .....

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

..... in the same manner the temple was included in the list of notified institutions under section 23 of the act.114. reliance could be placed on union of india vs. charanjit s.gill [(2000)5 scc742, wherein the hon ble supreme court while dealing with the army act, 1950 and court martial thereunder observed that notes had been issued by the authorities of the ..... - statute is sacrosanct and since the issue had to be dealt with utmost care and caution, without the issuance of a notification, question of a conviction under section 27(3) of the army act would not arise.115. reliance could also be placed on a decision of the hon ble supreme court in the case of subhash ramkumar bind alias vakil and ..... was hitherto not being included therein could not be said to have been included in the manner as it was sought to have been so done. section 27(3) of the army act prescribes a death penalty in the event the arm or weapon concerned stands out to be a prohibited arm, user of which results in a death, a .....

The Union of India (Uoi) Rep. by Its Secretary, Ministry of Defence an ...

Court : Karnataka

Reported in : ILR2009KAR4166

..... 17-8-1990 produced as annexure-j1, no reason is assigned. the relevant portion is extracted hereunder:in exercise of the powers conferred by the army act section 20(1) read in conjunction with army rule 17, i direct that jc81489 sub hb singh of ge(p) (i) east, bangalor, attached to 152 ad regt be dismissed from ..... in the aforementioned writ appeal disposed of by this court. he submits that the decisions applied therein are decided on the basis of section 19 of army act and therefore requested to dismiss this writ appeal.4. having heard the learned counsel for the parties and after perusing the records, we proceed to examine ..... for the appellants has requested this court to allow this appeal and dismiss the writ petition. learned counsel for the appellants placed reliance upon section 20(1) of army act and rule 17 of the army rules.3. mr. m.narayana bhat, learned counsel for respondent nos. 1 to 5 justified the impugned order placing reliance upon the decision .....

Union of India (Uoi) Represented by the Secretary, Ministry of Defence ...

Court : Karnataka

Reported in : 2008(3)KCCR1826; 2008(5)AIRKarR405(DB)

..... a personal hearing before taking a decision on his statutory complaint the learned assistant solicitor general submitted that there is no provision in the army act or the army rules or the service regulations providing for a personal hearing to the complainant before taking a decision on the statutory complaint. this is ..... of personal hearing is not ousted by army act or the service regulations for the army personnel.(ii) the allegations of manipulations, fabrications, insertions and existence of unsigned reports cannot be proved or disproved without giving the ..... he has made the allegations of manipulations, fabrications and insertions. at this juncture, sri aravind kumar quickly submits that neither the army act nor the service regulations for the army personnel provide for the opportunity of personal hearing. but i am granting the opportunity of personal hearing considering that:(i) the opportunity .....