Judgment Search Results Home > Cases Phrase: army act 1950 section 188 fresh sentence after suspension Court: supreme court of india Page 8 of about 877 results (0.465 seconds)

Union of India and Others Vs. R.K.L.D. Azad

Court : Supreme Court of India

Reported in : AIR1996SC845; [1995(71)FLR850]; JT1997(10)SC529a; (1996)ILLJ808SC; 1995(4)SCALE711; 1995Supp(3)SCC426; [1995]Supp2SCR602; 1995(2)LC588(SC)

..... two short questions that are required to be answered in these appeals are :-(i) whether a person who is subject to the army act, 1950 ('act' for short) can be dismissed from service for committing an offence under the act even after he had retired on attaining the age of superannuation? and(ii) whether a junior commissioned officer of the indian ..... was imposed upon the appellant therein) because he had earlier retired this court observed :though the appellant had retired from the army service but by operation of sub-section (1) of section 123 of the army act, he could be tried by the gcm in respect of the offences committed by him during the period of his actual service and ..... officer who is still in service and who was retired from service provided the gcm proceedings are initiated within the period of limitation provided under sub-section (2) of section 123 of the army act. 9. as the facts of the case presented before us are on all fours with those in hari chand pahwa (supra) and as we .....

Vidya Parkash Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC705; JT1988(1)SC284; 1989LabIC1205; 1988(1)SCALE313; (1988)2SCC459; [1988]2SCR953; 1988(1)LC588(SC)

..... that the appellant was tried by a summary court martial and not by a general or district court martial and army rule 39(2) does not apply to summary court martial constituted under section 116 of the army act, 1950. it has been further stated that a summary court martial may be held by a commanding officer of any ..... corps, department or detachment of the regular army, as stipulated by section 116(c) of the army act. it has been submitted that the appellant has been ..... been convened by the commanding officer of the corps according to the provisions of the army act, 1950, the first submission made on behalf of the appellant fails.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 and .....

General Officer Commanding Vs. Cbi and anr.

Court : Supreme Court of India

..... .5.2006, the army officers filed an application before the court pointing out that no prosecution could be instituted except with the previous sanction of the central government ..... (special powers) act, 1990 (hereinafter called "act 1990"), which offer protection to persons acting under the said act.g. the cjm, srinagar, granted opportunity to army to exercise the option as to whether the competent military authority would prefer to try the case by way of court-martial by taking over the case under the provisions of section 125 of the army act, 1950 (hereinafter called the `army act"). on 24 .....

Joginder Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Reported in : AIR1971SC500; 1971CriLJ511; (1971)3SCC86; [1971]2SCR857

vaidialingam j.1. in this appeal, on certificate issued by the delhi high court, the appellant who is governed by the army act, 1950 (hereinafter referred to as the act) challenges the legality of his trial and conviction for an offence under section 376 i.p.c. by the assistant sessions judge, nahan.2. the main attack leveled against the proceedings is that the material provisions ..... defence, had issued the following notification on november 28, 1962 :in exercise of the powers conferred by section 9 of the army act, 1950 (46 of 1950), the central government hereby declare that that all persons subject to that act, who are not on active service under clause (i) of section 3 thereof, shall, where ever they may be serving, be deemed to be on active service .....

Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...

Court : Supreme Court of India

Reported in : [1989]3SCR144

..... prevailing legal decision in england at the time reads thus: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 ..... submitted that the provision with regard to the statement of the case by an arbitrator to the court contained in clause (b) of section 13 of the act, i.e., the indian arbitration act, 1950, being one which could be exercised at the option of the arbitrator and there being no power for the court to compel the ..... contravention of the rules of natural justice or action in excess of jurisdiction. in the case of the english courts these powers are conferred by sections 22, 23 and 24 of the arbitration act, 1950.powers of review4. most systems of law adopt the philosophy that the parties, having chosen their own tribunal, must accept its decisions 'with all .....

P.K. Palanisamy Vs. N. Arumugham and anr.

Court : Supreme Court of India

Reported in : 2010(1)AWC498(SC); JT2009(10)SC79; 2010(2)MhLJ84(SC); (2009)8MLJ123(SC); 2009(10)SCALE79; (2009)9SCC173

..... the order of discharge of the appellant by the competent authority does not take away the jurisdiction of the authority under section 22 of the army act. therefore, the order of discharge of the appellant from the army service cannot be vitiated on this sole ground as contended by the learned counsel for the appellant.in n. mani v ..... : 2007(9)scale197 , it was held:.it appears that the competent authority has wrongly quoted section 20 in the order of discharge whereas, in fact, the order of discharge has to be read having been passed under section 22 of the army act. it is well settled that if an authority has a power under the law merely because ..... and rightly held to have exercised its jurisdiction.7. when a plaint is presented ordinarily it should be accompanied with the requisite court fees payable thereupon. section 4 of the court fees' act, 1870 mandates the same in the following terms:4. fees on documents filed, etc., in high courts in their extraordinary jurisdiction: no document of .....

Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

..... 1986 in the bombay high court which stood dismissed on august 29, 1986.2. on august 30, 1986, action was initiated against the respondent under section 123 of the army act, 1950 (for short, the 'act'). he was kept under open arrest from that date onwards and retired from service on august 31, 1986 as major general. on september 22, 1986 ..... he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. sub-section (2) which stands amended by army act (amendment) act, 37 of 1992, prescribed limitation on such action, at the relevant time, that no such person shall be tried for an offence, unless his ..... trial commences within six months after he had ceased to be subject to the act. the amended sub-section (2) is not relevant for our purpose since .....

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

..... other decisions cited deal with the question of giving an opportunity before disposal of a petition filed under section 164(2) of the army act which is in pari materia to section 117(2) of the act. we may usefully extract section 164 of the army act which reads thus: 164. remedy against order, finding or sentence of court-martial.-any person subject ..... 721 a division bench of the punjab & haryana high court has considered this very question and held that the rejection of a representation made under section 164(2) of the army act without giving a personal hearing does not suffer from any illegality and after referring to a.k. gopalan v. state of madras : 1950crilj1383 and union ..... harish uppal v. union of india and ors. : [1973]2scr1025 also the question whether an opportunity to be heard is necessary before confirmation under section 164 of the army act, was considered and it was held that: the contention that brig. bhilla should either have given a hearing to the petitioner or the chief of .....

Union of India (Uoi) and ors. Vs. Brahma Dutt Tripathi

Court : Supreme Court of India

Reported in : AIR2006SC3244; [2006(111)FLR420]; JT2006(12)SC85; 2006(9)SCALE395; (2006)10SCC220; 2007(3)SLJ341(SC); 2006(2)LC1225(SC)

..... the army act and his contention has been that the provisions of the national cadet corps act, 1948, the rules framed thereunder and the letter dated 23.05.80 in pursuance of which the respondents were granted permanent commission, settled the question. the corps has been established under section 3 of the n.c.c. act. section 9 of the act ..... conditions categorically laid down thereunder, without any demur. secondly, it was never the case of the respondent that he was appointed under the act, more particularly under section 9 of the act. thirdly, section 9 provides for appointment of officers in or any unit of the corps either from amongst the members of the staff of any university ..... that the respondent was not a member of the corps. it is also clear that his appointment was not made in terms of the provision of section 9 of the act. fourthly, the office memorandum and the scheme, under which the respondent was appointed was never challenged by him. fifthly, the respondent has accepted the .....

Union of India Vs. Col Ran Singh Dudee

Court : Supreme Court of India

..... dated 20.11.2013, the central government allowed the statutory complaint preferred by the respondent and directed:- 8. now, therefore, the central government, under the powers conferred under section 165 of the army act, 1950 do hereby annul the proceedings of the general court martial findings and sentence dated 16th may, 2005 and confirmation order dated 21st october, 2005 being illegal and unjust and ..... and got commissioned as an officer and was posted as second lieutenant in the ordnance corps of the army. during his career, he received some commendations and appreciations. however, the respondent was summarily tried under section 83 of the army act, 1950 (hereinafter referred to as the act) by commander, 29 artillery brigade for the offence of absenting himself without leave for 03 days from 27 .....