Judgment Search Results Home > Cases Phrase: army act 1950 section 173 communication of certain orders to prison officers Court: supreme court of india Page 10 of about 97 results (0.233 seconds)

Union of India (Uoi) and ors. Vs. No. 664950 Im Havildar/Clerk Sc Baga ...

Court : Supreme Court of India

Reported in : AIR1999SC1412; JT1999(3)SC124; 1999(2)SCALE614; (1999)3SCC709; [1999]2SCR690; (1999)3UPLBEC2005

..... the appellant, has drawn our attention to clauses (xii), (xv) and (xviii) of section 3 of the army act, 1950. these clauses define 'junior commissioned officer, non-commissioned officer' and 'officer'. clause (xviii) of section 3 of the army act, 1950, while defining the term 'officer', has clearly stated that the officer does not include a ..... further for obtaining higher educational qualifications such as post-graduation in law but he felt handicapped because of the provisions contained in army instruction namely army order no. 11 of 1987 according to which only regular commissioned officers can be granted extraordinary leave subject to certain conditions and ..... course/programme/doctoral studies leading a recognised formal diploma/degree in institutions recognised by the ministry of education, science and technology, certified by army headquarters as enhancing the usefulness as an officer. study leave will not be granted for corresponding courses, part-time courses and attending night .....

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

Court : Supreme Court of India

Reported in : 2008(5)ALLMR(SC)992; 2008(3)JKJ5[SC]; JT2008(13)SC605; (2008)6MLJ684(SC); 2008(10)SCALE184; (2008)9SCC161; 2009(1)SLJ496(SC); 2008AIRSCW6518

order for the assembly of ageneral court martial under army act orders by ic-5095p major general k. mahipat sinhji officiating general officer commanding 16 corps. place: field date:15 december, 1981.no. 3973649a sepoy the details of officers mentionedbachan singh ..... ad-jutant general forofficiating general officer commanding16 corpsthe charge sheet reads as under:charge sheet the accused no. 3973649a sep bachan singh, 2nd batallion the dogra regiment is charged with:army act an act prejudicial to good

Major General Inder Jit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1997(4)SC8; 1997(3)SCALE111; (1997)9SCC1

..... has proceeded to a conclusion and a sentence has been passed that he be cashiered from service which is subject to confirmation as per the provisions of the army act, 1950. the appellant has filed additional grounds of appeal before us challenging these findings. an earlier writ petition being misc. petition 717 of 1991 which was filed before ..... the alternative. the tentative charges which were framed on or about 28.10.1989 were twelve in number. each charge was under section 52 of the army act and in the alternative, under section 63 of the army act. section 52(b) refers to the offence of dishonestly misappropriating or converting to one's own use of any property belonging, inter alia, ..... he was posted at agra.13. the appellant next contends that the convening of the general court martial in his case is not valid because under section 109 of the army act a general court martial can be convened only by any officer who has been appointed by a specific warrant in that connection by the chief of .....

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469

..... should be taken of violation of the instructions and the persons found responsible for such violation should be suitably punished under the army act, 1950.64. while considering the submissions assailing the validity of clauses (a) to (d) of section 4 and section 5, we have construed the said provisions as containing certain safeguards against arbitrary exercise of power. in this context, reference may also ..... these instructions provide an effective check against any misuse or abuse of the powers conferred under the central act on an officer in the armed forces inasmuch as contravention of these instructions is punishable under sections 41, 42(e), 63 and 64(f) of the army act, 1950.61. in state of uttar pradesh v. chandra mohan nigam and ors. : (1978)illj6sc , this court, while .....

secretary,govt.of India . Vs. Dharambir Singh

Court : Supreme Court of India

..... subject to this act, means the time during which such person (a) is attached to, or forms part of, a force which is ..... the respective arguments of learned counsel for the parties, the provisions of the army act, 19508, notification issued by the central government on november 29, 1962, rules and regulations which are applicable in respect of grant of disability pension need to be extracted hereunder: army act, 1950 section 3 (i) (i) active service , as applied to a person ..... - new delhi, the 28th november 1962 in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declares that all persons subject to that act, who are not on active service under clause (i) of section 3 thereof, shall, wherever they may be serving, be deemed to be on .....

Sulekha Rani Vs. Union of India

Court : Supreme Court of India

..... not appealed against in accordance with the provisions of law. the learned asg has submitted that the decision in dharam singh (supra) deals with the provisions of 4 army act 4 rule 14(b) and hence may not have application. moreover it was urged that the spouse of the appellant had an ectopic kidney and his condition was ..... the person to be discharged belongings except that in the case of junior commissioned officer and warrant officers of the special medical section of the army medical corps, the commanding officer means the director of the medical services, army, and in the case of junior commissioned officer and warrant officers of remounts, veterinary and farms, corps, the commanding ..... to non-availability of a sheltered appointment in the unit, he may be discharged in a manner that would enable him to obtain other service in the civilian section. on the basis of this response, it was urged that the jawan had in fact accepted his discharge and as a result, there was no necessity to .....

No. 15138812y L/nk Gursewak Singh Vs. Union Of India

Court : Supreme Court of India

..... j.factual aspects1 the appellant who was at the relevant time lance naik in the indian army was convicted by the court martial for the offence punishable under section 302 of the ipc (for short, ipc ) read with section 69 of the army act, 1950 (for short, the army act ). the court martial sentenced the appellant to suffer imprisonment for life. the court martial also ..... and haryana and by order dated 10.10.2018, the high court while dismissing the writ petition granted liberty to the appellant to avail remedy under section 30 of the armed forces tribunal act, 2007.2. on 4th december 2004, the appellant and deceased (lance naik kala singh) were posted for duty with the 13 field regiment at ..... consumed liquor. there was no premeditation. the appellant, in the facts of the case, cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to section 300 of ipc. the term cruel manner is a relative term. exception 4 applies when a man kills another. by .....

Raipur Development Authority and ors. Vs. Chokhamal Contractors and or ...

Court : Supreme Court of India

Reported in : AIR1990SC1426; 1989(1)ArbLR430; JT1989(2)SC285; 1989(1)SCALE1279; 1989(2)SCC721; 1989(3)SCR144

..... that time reads thus : (scr pp. 190-92)"in the present case it is manifest that there is no express obligation imposed by section 164 or by section 165 of the army act on the confirming authority or upon the central government to give reasons in support of its decision to confirm the proceedings of the court martial. ..... be consulted on any proposal to do so. as already stated, there is no express obligation imposed in the present case either by section 164 or by section 165 of the indian army act on the confirming authority or on the central government to give reasons for its decision. we have also not been shown any other ..... possible. this led to repeated statutory intervention. accordingly laws were passed from item to time to make the arbitration proceedings effective. the english arbitration act of 1950 and the english arbitration act, 1979 are the two major pieces of legislation which now control the arbitration proceedings in english. the legal requirements of an award under english .....

Nusli Neville Wadia Vs. Ivory Properties

Court : Supreme Court of India

..... not to the jurisdiction of the ordinary criminal court and the court martial to decide the case on merits. it appears to us that section 549(1) should be construed in the light of section 125 of the army act. both the provisions have in mind the object of avoiding a collision between the ordinary criminal court and the court martial. so both ..... thus: 28. we think that neither the decision of this court in baidyanath panjiar v. sita ram mahto, (1969) 2 scc447which took the view that violation of section 23(3) of the 1950 act in entering or deleting the names of persons in the electoral rolls after the last date for making nomination relates to lack of power, nor the decision in ..... review has been one of public policy rather than one of logic." and viewed from the aspect of 28 public policy as reflected in the provisions of the 1950 and 1951 acts, we do not think that a wrong decision on a question of ordinary residence for the purpose of entering a person's name in the electoral roll should .....

Union of India (Uoi) and ors. Vs. Ranbir Singh Rathaur and ors. Etc. E ...

Court : Supreme Court of India

Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696

..... for 14 years each and were cashiered. against 13 officers, disciplinary actions were initiated. however, a decision was taken not to try them and administrative order under section 18 of army act, 1950 (in short the 'act') was passed terminating their services.4. present appeals relate to the 2 officers punished by general court martial and the de-linked appeals relate to 7 officers out ..... below:(1) to issue a writ of mandamus and any other appropriate writ, order or direction, inter alia commanding the respondent nos. 1 and 2 in accordance with section 165 of the army act, 1950 to annul the proceedings of the general court martial affecting the petitioner as they are malafide, irrational, unjust and illegal and there has been a failure of justice.12 .....