Court : US Supreme Court
..... v. united states no. 153 argued january 20, 21, 1926 decided march 1, 1926 270 u.s. 154 appeal from the court of claims syllabus 1. the army reorganization act of june 4, 1920, should be liberally construed to avoid unnecessary technical limitation upon the military agencies which are to carry it into effect. french v. weeks, 259 ..... entered, and the issues were heard and findings of fact made by the court. the act of june 4, 1920, c. 227, 41 stat. 759, 773, commonly called the reorganization act, provides: "sec. 24b. classification of officers. -- immediately upon the passage of this act, and in september of 1921 and every year thereafter, the president shall convene a ..... be convened to determine whether such classification is due to his neglect, misconduct, or avoidable habits. if the finding is affirmative, he shall be discharged from the army; if negative, he shall be placed on the unlimited retire list with pay," etc. the court of claims found that the law had been complied with, and .....
Tag this Judgment!Court : Delhi
..... said substantive rank on 8.7.1990. 3. in august 1990, the commanding officer of 7015 combined workshop eme summarily tried the petitioner for an offence punishable under section 41 of the army act and for unexplainable reasons awarded punishment of reduction to the rank of sepoy, little realizing that a penalty of reduction in rank cannot be given effect to when a ..... -contradictory. they read as under : "that on 11 july 1990, while serving with 7015 eme bn, the individual was sentenced to "deprivation of acting rank by reducing to substantive rank" for an officer committed by him under army act section 41 by the then commanding officer 7015 comb wksp and (02e) part ii order no 02e/063/0001/1990. accordingly the individual was reverted .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Jaipur
..... husband was dismissed from service on 5.5.2001. against the order dated 5.5.2001, the accused preferred an appeal in the form of representation under sec. 164 of the army act before the chief of army staff, which came to be decided on 24.4.2002 and the same was dismissed. a mercy petition had been filed by the accused before honble ..... convicted by a court martial, who had already availed the remedy of appeal by way of petition under sec.164 of the army act before the chief of army staff, cannot avail the remedy of appeal under sec.15 of the armed forces tribunal act, 2007 against the said order and only remedy left for the incumbent is only by way of writ petition under article .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... scuffle between these two individuals and nb sub madan mohan and l/hav ponnacha intervened. the appellant was taken into custody and a charge under army act section 63 was preferred against him as shown below: army act section 63 an act prejudicial to good ordler and military discipline in that he, at bathinda at about 2300h on 01 feb 98, while on sentry duty at ..... posted to 3 field sub group, where he was doing the duties of driver. during this tenure, on 1.2.1998, the appellant has supposedly committed an offence under army act section 63 and consequently he was tried by a summary court martial and sentenced to be dismissed. 3. the appellant is aggrieved on account of the fact that although a court ..... 1. the petitioner challenged the summary court martial proceedings, whereby he was found guilty of having committed the offence under army act section 63 and to be dismissed, by filing w.p (c) no. 2123 of 2000 before the delhi high court. on formation of the armed forces tribunal, the writ .....
Tag this Judgment!Court : Supreme Court of India
..... disproportionate to the offence, it was held thus: 6. we do not find any merit in the first submission. section 39 of the army act, 1950 is comprised in chapter vi which deals with offences . section 39 provides that on a conviction by the court martial for an offence involving absence without leave, a sentence of ..... imprisonment which may extend up to three years may be imposed. chapter vii which deals with punishments contains section 71. clause (e) of section ..... for extension of leave was rejected6. however, he did not report back immediately. on 15th february 1999, a court of inquiry was conducted under section 106 of the army act to investigate the circumstances under which the appellant had overstayed leave. the court opined that the appellant be declared a deserter with effect from 16th .....
Tag this Judgment!Court : US Supreme Court
..... was evidently intended to correct, and its legislative history. p. 266 u. s. 535 . page 266 u. s. 532 3. the provisos found in the army appropriation act of 1915, and 191, which granted additional pay to clerks and messengers at headquarters of territorial departments, etc., while serving in the philippine islands, are confined to those ..... of claims rejecting a claim for additional pay. mr. justice sanford delivered the opinion of the court. this case involves the construction of a proviso in the army appropriation acts of 1914 and 1915, relating to an increase in the pay of clerks and messengers at headquarters of territorial departments. 38 stat. 351, 355, c. 72 ..... . 12 ; work v. united states, ante, p. 266 u. s. 161 . in all of the army appropriation acts from 1895 to 1914, special appropriations were made for a designated number of clerks and messengers at headquarters and army stations at specified rates of pay, but no provision for any increase in their pay while on foreign service. lump .....
Tag this Judgment!Court : Delhi
..... be recorded which resulted in the petitioner being finally tried summarily under section 84 of the army act.2. the charge sheet framed against the petitioner listed 4 articles of charge as under:-first an act prejudicial to good order charge and military discipline, army actsection 63 in that he, at-field, between 09 may and 30 ..... mahar regiment in theoperation of unauthorized non csdprivate account by signing daily sale summaries of non csd items duringthe said period.second an act prejudicial to good order charge and military discipline army actsection 63 in that he, at-field, between 19 feb and 04 sep83, when second-in-command 2mahar regiment, improperly aidedic ..... then commandingofficer 2 mahar regiment in stocking of unauthorized goods for sale in unit canteen contrary to army order355/71 which forbade stocking of non csd stores in canteens.third an act prejudicial to good order charge and military discipline, army actsection 63 in that he, at field, on 20 jul 83, when second-in- command .....
Tag this Judgment!Court : Delhi
..... and he has been working with sincerity and dedication. the petitioner asserted that he had been promoted to the post of naib subedar. the petitioner disclosed that army headquarter sd branch by letter dated 12th january, 2012 directed 112 engineer regiment to dispatch a company from the unit to replace the earlier team at un mission ..... serial no.8 in the merit list dated 18th january, 2012, however, he has been replaced by subedar paramjit singh, respondent no.4, clandestinely and in a blatant act of discrimination as the petitioners total points were 59, whereas, subedar paramjit singh had been awarded only 54.75 points. 11. learned counsel for the respondents, sh ..... and a merit list was drawn. in the screening, the petitioner secured 59 points. the petitioner alleged that though he has secured 59 points, however, as an act of favoritism, the name of subedar paramjit singh at merit position no.11 with 54.75 points has been included and the petitioner was verbally intimated that his .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioner had been ordered. heard learned counsel for the parties. the petitioner was working in the army in the rank of 'sowar' (acting lance dafadar) in the 46 armoured regiment. he was tried by the summary court martial on 07.10.2008 under section 69 of the army act, 1950 for committing a civil offence, that is to say, using criminal force to a woman with ..... intent to outrage her modesty in contravention of section 354 of the indian penal code. it was alleged that the petitioner at hisar military station .....
Tag this Judgment!Court : Supreme Court of India
..... gwalior, madhya pradesh. on verification it was found that the certificate produced by him was not genuine. a charge-sheet was issued under section 44 of the army act, 1950 (for short, the act ) and a preliminary 1 inquiry was conducted against the appellant. during the preliminary inquiry, the appellant admitted that he did not have any ..... proof to show that he had passed the matriculation examination in 1988.3. the appellant was tried by the summary court martial and was found guilty under section 44 of the act ..... a term which may extend to five years or such less punishment as is in this act mentioned. 9. as stated above, the initiation of a summary court martial was for an offence under section 44 of the army act. he was finally exonerated by the reviewing authority but discharged from service in exercise of .....
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