Court : Armed forces Tribunal AFT Regional Bench Chennai
..... is awarded; (iv) any other matter, whatsoever, but, shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950(46 of 1950), sub-section (1) of section 156 of the navy act 1957 (62 of 1957) and section 18 of the air force act 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as ..... a part of unit, formation or ship in relation to the persons subject to the army act 1950 (46 of 1950), the navy act 1957 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... awarded; (iv) any other matter, whatsoever, but shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force acct, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as ..... a part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... awarded; (iv) any other matter, whatsoever, but shall not include matters relating to- (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force acct, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as ..... a part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act .....
Tag this Judgment!Court : Supreme Court of India
..... awarded; (iv) any other matter, whatsoever, but shall not include matters relating to- 11 (i) orders issued under section 18 of the army act, 1950 (46 of 1950), sub-section (1) of section 15 of the navy act, 1957 (62 of 1957) and section 18 of the air force act, 1950 (45 of 1950); and (ii) transfers and postings including the change of place or unit on posting whether individually or as ..... a part of unit, formation or ship in relation to the persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 .....
Tag this Judgment!Court : Delhi
..... for 5 years. the ultimate decision taken was to invoke the presidential power under section 18 of the army act 1950. order dated 11.9.2009 was issued, which reads as under:- "order the president, in exercise of powers conferred by section 18 of the army act 1950 and of all other powers enabling in this behalf, is pleased to order ..... now, it is not in doubt that the petitioner held office, as a major in the territorial army, at the pleasure of the president for the reason section 18 of the army act 1950 states that every person subject to this act shall hold office during the pleasure of the president, but the question would be whether in the facts ..... the authority, but can only be for valid reasons. 12. a perusal of the army act 1950 would reveal that 4 distinct powers are contemplated with respect to the tenure of army personnel. the first is section 18 of the army act where service of an army personnel can be terminated without assigning any reasons. the second would be the power under .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom601
..... the pleasure of the president can it be said that the plaintiff still has a right of action for dismissal? the argument here was that the effect of sections 22 to 24, army act of 1950 and the rules and regulations made thereunder was that the service of the plaintiff could not be regarded as during the pleasure of the president.10. this argument ..... must be negatived. in the first place it goes contrary to the express and explicit language of article 310. moreover it ignores section 18, army act which lays down that every person .....
Tag this Judgment!Court : Supreme Court of India
..... question whether the proceedings were time barred. it was argued that the order dated october 30, 1996, taking the respondent into close custody under section 123 of the army act, 1950, was passed because the respondent was charged for the offence of procedural lapses in local purchase of hygiene and chemicals during his tenure as ..... brigade under whom the respondent was working at the relevant time. the commanding officer, vide order dated october 30, 1996 invoked the provisions of section 123 of the army act 1950, and took the respondent into close custody as superannuation of the respondent was due on october 31, 1996 and it was apprehended that the respondent ..... well as the sentence imposed upon the respondent after holding that gcm proceedings were initiated after expiry of the period of limitation prescribed by section 122(1)(b) of the army act, 1950, which has given rise to the instant appeal.3. this court has heard ms. indira jaisingh, the learned additional solicitor general for .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR228
..... and in routine course it was prepared by his subordinates and he signed the same when it was placed before him.section 57(a) of the army act, 1950 reads as under:57. falsifying official documents and false declaration-any person subject to this act who commits any of the following offences, that is to say(a) in any report, return, list, certificate ..... him and charges were framed on 18/7/1998 for the offences under sections 52(f) and 57(a) of the army act, 1950. the general court martial convicted the petitioner for the first and the fifth charge i.e. under sections 52(f) and 57(a) of the army act, 1950 on 11/8/1998 and on the same day after hearing, he was ..... or favours etc. we, therefore, uphold the findings of the court martial and as confirmed by the general officer commanding-in-chief that the charge under section 57(a) of the army act was duly proved against the petitioner.6. the proceedings of gcm cannot be equated with the proceedings of the domestic tribunal. the law of evidence is not .....
Tag this Judgment!Court : Delhi
Reported in : 2000VAD(Delhi)749
..... for three months. however, all the substantive sentences of imprisonment shall run concurrently.' 2. dismissal from service sanctioned in accordance with army rule 17 of army rules 1954 read with army act section 20(3) of army act, 1950 by commander 170 infantry brigade.' 3. there was an appeal to the high court challenging the judgment of the trial court, ..... ved prakash sangwan of 13 raj rif is dismissed from the service by the orders of the commander 170 infantry brigade, c/o, 56 apo under army act section 20(3) of army act, 1950. his dismissal takes effect from 16th july, 1991. cause of dismissal: dismissed from service having been convicted by court of addl. sessions judge bhiwani ..... brigade passed the following order of dismissal on the 30th of july, 1991:- cause of dismissal and item of table in rule 17 of army rules 1954 read with army act section 20(3) of army act, 1950. 1. 'dismissed from service w.e.f. 16 july, 1991 being convicted by hon'ble court of addl sessions judge, bhiwani( .....
Tag this Judgment!Court : Delhi
Reported in : ILR1981Delhi498; 1981LabIC1066; 1981RLR121; 1981(2)SLJ337(Delhi)
..... army ranks. the defense services regulations were also framed in 1962. but they are not framed under ..... services regulation, 1962. in other words, the question is whether the chief of the army staff can declare a person 'unfit' for promotion where the selection board has declared him 'fit'. (2) the army act was passed in 1950. the statutory rules were framed in 1962. section 192 of the army act empowers central government to make regulations for all or any of the persons of the .....
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