Judgment Search Results Home > Cases Phrase: army act 1950 section 188 fresh sentence after suspension Page 93 of about 5,862 results (0.398 seconds)

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

..... , the navy act, 1957, and the air force act, 1950, and any other law, relating to the armed forces ..... act, while the offences falling under section 47 against a person subject to the act are exclusively triable by criminal courts and not triable by security force courts.10. section 475 cr. p. c. runs as under :-'475. delivery to commanding officers of persons liable to be tried by court-martial. (1) the central government may make rules, consistent with this code and the army act, 1950 .....

Col. T. Prasad and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 139(2007)DLT527; 2007(95)DRJ146

..... each such crossing. according to the petitioners, such personnel were exempted from paying any toll or fee in view of section 3 of the indian tolls (army and air force) act, 1901 (hereinafter referred to as the '1901 act').2. in response, the respondent no. 4, namely, the noida toll bridge company ltd (hereinafter referred to ..... has exempted the defense vehicles from payment of user fee (toll tax) for use of a section of national highway / permanent bridge / temporary bridge on national highway, in conformity with the indian tolls (army and air force) act, 1901.xxxxx xxxxx xxxxx xxxxx xxxxx7. it is most respectfully submitted that levying of toll tax upon ..... far as it is relevant herein, reads as under:2. extracts from the indian tolls (army and air force) act, 1901 are enclosed (annex-i). this ministry has notified national highways (collection of fee by any person for use of section on national highways, permanent bridge/temporary bridge on national highways) amendment rules 2003 vide gsr .....

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

Court : Rajasthan

Reported in : RLW2004(3)Raj1578; 2004(1)WLC459

..... government service of the petitioner; petitioner was tried by summary court martial for the offence under section 44 of the army act, which envisages that if any person makes willfully false answer on enrollment, he will be punished under the act but there was no such wilful false answer by the petitioner. before the court martial, petitioner ..... ), the hon'ble apex court has held that the order of dismissal from service, consequent upon a conviction, is not a disqualification within the meaning of section 12 of the act, 1958. 'there are statutes which provide that the persons, who are convicted for certain offences, shall incur certain disqualification; for example, chapter iii of ..... ), the apex court held that in criminal trial, the conviction is one thing and sentence is another. the court, while invoking the provisions of sections 3 and 4 of the act, 1958 do not deal with the conviction; but only deal with the sentence which the offender has to undergo. instead of sentencing the offender, .....

Jagjit Singh Ex. Major Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1995)110PLR421

..... 7, 1985, the petitioner was served with a charge-sheet. the following were two of the four charges levelled against him:-'third charge/army act/section 63. ____________________________________an act prejudicial to good order and military discipline in that he, at field between 07 and 11 june 84, when officiating officer commanding, 19 ..... in-laws' house at confidentialm(ii) ammunition.sr. no. type of ammunition.1. 9mm 1242. cartridges. 303 bore 2503. magazine 303 1fourth charge/army/act/section 39(a)____________________________________absenting himself without leavein that he, at field, when officiating officer commanding, 19 maratha light infantry with his troops deployed in and around ..... not have passed the impugned order under regulation 16(a). this contention is also misconceived. there is a basic distinction between the provisions contained in section 71 and that under regulation 16(a). this distinction has been pointed out by their lordships of the supreme court in brig. dutta's case .....

Union of India Vs. Ashwani Kumar Katoch

Court : Delhi

Reported in : 47(1992)DLT342

..... w,aspassed under rule 14.(3) in the writ petition the respondent has tried to show that from1968 onwards he had been exposing various officers for their irregular/illegal acts in the army and the action of removal under rule 14 is because of the bias of the superior officers. in order to justify his action he has asserted that he had ..... held that in spite of the repeated opportunities the union of india did not produce the concerned file so as to give the correct picture as to .why action under section 14 was taken. the learned judge also found that the order of removal did not state as to why the trial by court martial was inexpedient. the rejection of respondent ..... reads:- '14.termination of service by the central government on account of misconduct-(l)when it is proposed to terminate the service of an officer under section 19 on account of misconduct, he shall be given an opportunity to show-cause in the manner specified in sub-rule (2)against such action :-provided that this sub-rule .....

Shakuntala Devi Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... alleged that the station commander, hissar has certified under regulation 520 that the death was attributable to military service as he has a statutory power under section 8 of the army act, 1950, despite that the request was rejected. the case of petitioner is that petitioners son who died on casual leave was, therefore, on military service ..... and his widow having remarried, the mother is entitled to special family pension under regulation 213 of the pension regulations for the army, 1961 part-i. respondent ..... per cent or over may, on retirement, be awarded a disability pension consisting of a service element and a disability element in accordance with the regulations in this section. in respect of accident the following rules will be observed:- (a)... (b)... (c) a person is also deemed to be on duty during the period .....

Pravat Saha @ Pravat Kumar Saha Vs. Union of India Service Through the ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... petitioner in his application reiterates that he was awarded seven days rigorous imprisonment (ri) by his commanding officer under a proper offence report charged under section 39 (a) of the army act, 1950. therefore, it was, according to him, illegal to punish him again by discharging him from service for the same reason, though interpreted differently ..... india and ors (supra): the ibid judgment actually relates to excess punishment awarded to the petitioner in a summary court-martial for an offence punishable under section 39(a) of army act, absence without leave . honblejustice s.b.sinha, and his companion judge, have brought out in paragraph-11(ii), imposition of two punishments viz., ..... 2005 and rejoined voluntarily on 18th september 2005; total absence from duty being eight days. he was tried summarily for the said offence under section 39 (a) of the army act and awarded a punishment of seven days ri in military custody (annexure r-1). the above incident of being awl for eight days, .....

Capt. Kulwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... captain kulwant singh sena medal, headquarters 21 mountain artillery brigade, attached headquarters 4 artillery brigade, an officer holding a permanent commission in the regular army, is charged with:-section 52(b) army act, 1950dishonestly misappropriating property belonging to the government in that he, at allahabad, on 07 september 1998, having drawn a sum of rs.26.25 ..... mansoor khan was produced as witnesses during the gcm. 9. arguing on ta 137 of 2010, the petitioner submitted that under the provisions of section 169a of the army act, the period in military custody has to be deducted and set off against his actual detention. this was all the more essential because of the ..... ri, learned counsel for the respondents, denied that period in military custody has to be adjusted and set off as provided under section 169a of the army act. only the pre-trial custody under section 163a can be set off. furthermore, the sentence of the accused was neither suspended nor did the court grant any parole. .....

Niloy Dutta Vs. District Magistrate and ors.

Court : Guwahati

..... to the instant order. the question for consideration is the implications of the proviso to clause (1) of section 160 of the code of criminal procedure juxtaposed with the special powers of the army officers under act 28 of 1958.10. the indian parliament in 1973 had regard for the criminal jurisprudence of the country when ..... as in the above group of cases larger issues are pending decision amongst other including the subject protection of women from police and army officials under the statutory provision of the central act 28 of 1958.6. nownnona alias anowalla and sangkhim alias sanchanla were informed that it is better a separate application is moved on ..... act 28 of 1958 as offenders before arrest or as witnesses or 'otherwise' when women are to be interrogated, no woman is expected to be taken to the army camp for interrogation. in simple words a woman is not to be requisitioned by the army officials for attendance at any place other than the woman's residence, as provided in section .....

Union of India (Uoi) and ors. Vs. Smt. Meera Devi

Court : Patna

..... shall be deemed on duty at the relevant time. this benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy air force act.10. for appreciating the effect of these rules to a person who is on leave, it would be advisable to refer to the 'leave rules' for the services ..... in observing that the clause (f) provides that the said benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/navy/air force act. in our considered opinion, the learned single judge was also not justified in applying the provisions of rule 173 of pension regulations for the ..... army, 1961 part-i because present is not a case where the incumbent was invalidated from service on account of his disability on the ground that it was directly attributable .....