Judgment Search Results Home > Cases Phrase: army act 1950 section 18 tenure of service under the act Page 85 of about 931 results (0.480 seconds)

Swaim Vs. United States

Court : US Supreme Court

..... power to increase the sentence awarded." even if it be conceded that this provision of the british mutiny act was at any time operative in this country, the subject is now covered by the army regulations of 1881, section 923, relied upon by the attorney general in his letter to the president and cited by the court ..... in consideration of the nature of the office of commander-in-chief of the armies of the united states, the committee is of opinion that the acts of congress which have authorized the constitution of general courts-martial by an officer commanding an army, department, etc., are, instead of being restrictive of the power of the ..... commander-in-chief, separate acts of legislation, and merely provide for the constitution of general courts-martial by officers subordinate to the commander-in-chief, and who, .....

Gibson Vs. United States

Court : US Supreme Court

..... same pay and allowances, except forage, as are or may be provided by or in pursuance of law for the officers of corresponding rank in the army." in the first proviso of section 7 of said act, provision having been made for eighteen rear admirals in the active list of the line of the navy, it is enacted as follows: " provided, ..... branch of the case is that sections 1578 and 1585 are not repealed in express terms by section 13 of the navy personnel act, and, as repeals by implication are not favored, it is argued that, notwithstanding the ..... price of the navy ration." the provision of section 13 of the navy personnel act is: "officers of the line of the navy . . . shall receive the same pay and allowances, except forage, as are or may be provided by or in pursuance of law for the officers of corresponding rank in the army." 30 stat. 1007. the claim upon this .....

Peoples Union for Human Rights, Represented by P.K. JaIn and ors., Etc ...

Court : Guwahati

..... ., civil power is to be supplemented or supported by the armed forces for the following reasons. under section 5 of the act any person arrested and taken into custody by army authority in the exercise of his power under the act shall be made over to the officer-in-charge of the nearest police station with the least possible ..... . therefore, the armed forces are employed order deployed for limited purpose as provided under sections 4 and 5 of the act. in other words, the army authority is only to exercise his power and perform his duties provided under sections 4 and 5 of the act only, and no more. the statement of the minister for home quoted above clearly ..... instruction relates to 'aid to civil authorities' with reference to the provisions under section 130, cr.p.c. we are of the view that these instructions cannot be considered for the purpose of construing or interpreting the act as it was issued by the army headquarters and the same was not a contemporaneous document.20. it is settled that .....

S.N. Mukherjee Vs. Union of Inida

Court : Supreme Court of India

Reported in : AIR1990SC1984; 1990CriLJ2148a; JT1990(3)SC630; (1990)4SCC594; [1990]Supp1SCR44; 1991(1)SLJ1(SC); (1990)3UPLBEC2093

..... permanent commission, as an officer, in the regular army and was holding the substantive rank of captain. he was officiating as a major. on ..... , passed by the chief of army staff confirming the findings and the sentence recorded by the general court martial and the order dated may 6, 1980, passed by the central government dismissing the petition filed by the appellant under section 164(2) of the army act, 1950 (hereinafter referred to as 'the act').2. the appellant held a ..... government was also illegal. this contention was negatived. after referring to the provisions contained in sections 164, 165 and 162 of the act this court pointed out that while section 162 of the act expressly provides that the chief of the army staff may 'for reasons based on the merits of the case' set aside the proceedings .....

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

..... has been restricted, abridged or abrogated by the parliament by making law, in respect of a member of armed forces, even a person, subject to the army act, 1950, and/or the air force act, 1950, cannot be denuded of his right to protect his reputation from being damaged. see, in this regard, the cases of lt. col prithvi pal singh ..... of air force wives welfare association. the details of the call records were sought for by respondent no.8 purportedly in exercise of his powers under section 108 of the air force act, 1950, though he does not, according to the petitioner, have such an authority. the obtaining of the call records of an individual by respondent no. ..... of air force rules, which pertains to court of inquiry and falls under chapter vi, has been framed by the central government by virtue of section 189(2) (d) of air force act, 1950, which permits the central government to make rules providing for assembly and procedure of courts of inquiry, the recording of summaries of evidence and the .....

Kunhikannan Vs. Adjutant General and anr.

Court : Kerala

Reported in : 1982CriLJ306

..... that in disposing of an appeal filed by the petitioner invoking provisions of section 164(2) of the army act, 1950, the first respondent ought to have given reasons for rejecting the appeal.3. i do not think that the appeal under section 164(2) of the army act, 1950 was to be disposed of by a detailed order giving the reasoning in ..... support of the conclusions reached. what is provided for in sub-section (2) of section 164 is as follows:164 (2). any person subject to this act who considers himself aggrieved by a finding ..... order passed by the authority from whose order the appeal has been preferred is confirmed. in the absence of an. express obligation imposed by section 164 or by section 165 of the army act upon the central government to give reasons in support of its decision to confirm the proceedings of the court-martial, such a requirement cannot be .....

Girish Chandra Rout Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2002)2CALLT385(HC)

..... mr. bag demonstrated from the record produced before me that adequate opportunity was given to the writ petitioner to defend himself. he further submitted that under army act and rules framed thereunder summery court martial procedure had been adopted in the instant case and the writ petitioner was accordingly punished by the appropriate authority.14. ..... on perusal of records i do not find any basis of such contention of mr. dutta. under rule 106 to 133 and the army rules, 1954 framed under the army act the respondent authority was empowered to punish a member of the force by summery court martial procedure. i do not find any violation thereof ..... before it and to follow the procedural safeguards. if one looks at the provisions of law relating to court martialin the army act, the army rules. defence service regulations and other administrative instructions of the army, it is manifestly clear that the procedure prescribed is perhaps equally fair if not more than a criminal trial provides to .....

Jai Prakash Rana Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... thousand two hundred two only), the property belonging to the shatrujeet csd canteen from the regimental treasury chest of headquarters 50(i) parachute brigade. second charge army act section 63 an act prejudicial to good order and military discipline. in that he, at agra, on 10 aug 2003, improperly instructed no. 13759244x paratrooper surat singh of ..... clue. subsequently, a gcm was convened for the trial of the petitioner in respect of the alleged offences. the charge against the petitioner reads: first charge army act section 52(a) committing theft of property belonging to a military institution. in that he, at agra, on night 09/10 august 2003, committed theft of rs ..... , 2003, whereby the petitioner was held guilty of offences under sections 52(a) and 63 of the army act. on formation of this armed forces tribunal, this case has been transferred to this tribunal. therefore, by virtue of section 15 of the armed forces tribunal act 2007, the writ petition is converted into an appeal. 2. .....

3398223 M Sep Jagjit Singh Versus Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... (ii) mitigate the punishment awarded; (ii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), as the case may be; (c) enhance the sentence awarded by a court-martial: provided that no such sentence ..... ) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), as the case may be; or (b) if sentence is found to be excessive, illegal or unjust, ..... section, the tribunal shall have the power to- (a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court-martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950 .....

Meena Devi and Others Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... (45 of 1950), including ..... act which reads as under:- section 2 2. applicability of the act.- (1) the provisions of this act shall apply to all persons subject to the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950) (2) this act shall also apply to retired personnel subject to the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950 .....