Judgment Search Results Home > Cases Phrase: army act 1950 section 188 fresh sentence after suspension Page 94 of about 5,862 results (0.185 seconds)

Sarjit Singh Saharan (Lt. Col.) Vs. Union of India

Court : Delhi

Reported in : 1998IVAD(Delhi)435; 74(1998)DLT145; 1998(46)DRJ355

..... some decision in para 12 the petitioner would state:that the petitioner is qualified in all respect and also entitled for further promotions as enshrined in army act, 1950. army rules, 1954 and regulations for the army (d&r;) revised edition 1987. he suffers no wrong. his acrs are above average from the commanding officer barring lt. col. pjs sandhu ..... rights under articles 16 and 21 of the constitution have been infringed.6. in the counter filed by the respondents, the respondents have given structure of the indian army and how the radiation is done and the components taken into account for assessing the suitability of an officer for promotion. in para (b) of the background ..... rejected. hence the petitioner has no case.7. about the mode of assessment by the selection board, it is stated by the respondents as under:the special army order also envisages initiation of acr by ro himself, if io cannot do it for any purpose), the officer's assertion about variance between assessment of io and .....

E. Padmanabhan Vs. Union of India and ors.

Court : Delhi

Reported in : 1994IAD(Delhi)797; 53(1994)DLT823; 1994(28)DRJ571

..... by an order dated 30th september, 1993 passed by respondent no.3 in exercise of power under section 101 of the army act (for short the 'act'). by a separate order passed on the same date under section 123 of the act it was directed that in view of disciplinary proceedings pending against him and his retirement from service with ..... effect from 30th september, 1993 the petitioner shall continue to remain subject to the act. a tentative charge ..... 19th september, 1991 issued in exercise of powers conferred by section 9 of the act which shows that the central government has declared that all persons subject to the act, who are not on active service under clause (i) of section 3, shall while serving with the army formations and units deployed on operation rhino be deemed to .....

Mahipal Singh Vs. Union of India and ors.

Court : Delhi

Reported in : 55(1994)DLT176

..... charge-sheets as referred above, would indicate that the first charge sheet was issued to the petitioner under the provisions of section 69 of the army act,1950, (hereinafter called 'the act'), which was subsequently amended to section 63 in the second, third and fourth charge sheets. in the last charge sheet of 16/11/1988, the word ..... abandoned by the respondents and no proceedings took place in respect of the same. the second charge sheet, which substituted the offences from section 69 to section 63 of the army act, was issued vide order dated61,1988, which also was a tentative charge sheet and is reproduced as below: 'tentative charge sheet the accused ..... been made, is that the petitioner was issued 'tentative charge sheet' in the first instance for offences under section 69 of the army act and section 465 of the indian penal code, which was subsequently changed to section 63 to vest jurisdiction in summary court-martial to proceed against the petitioner, which is not permissible in law .....

B.S. Ahluwalia Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)429; 67(1997)DLT922; 1997(41)DRJ308

..... is payable on completion of 10 years - if the service has been satisfactory. if an officer is punished by punishment of cashiering or dismissal or removal under section 71 of the army act by a court martial and is otherwise eligible for pension or gratuity and if the court martial has not forfeited the said benefits, then the position as ..... months. the same was confirmed on 11.6.94. (nothing was stated about forfeiture of retirement benefits). on 18.6.94, petitioner filed a statutory appeal under section 164(2) of the army act questioning the sentence levied by the general court martial. on 29.6.94, petitioner forwarded papers for pension and gratuity to the cda (o) pune, the ..... 31.3.89. on 17.2.1988 he was tried by general court martial, it passed a sentence on 13.6.88 of dismissal from service, under section 71 of the army act. (nothing was stated about forfeiture of pensionary benefits). the petitioner had 20 years qualifying service for pension, he says that on 31.1.1989, he submitted .....

L/Naik Mahabir Singh Vs. Chief of Army Staff

Court : Supreme Court of India

Reported in : 1990Supp(1)SCC89; 1990SCC(Cri)625; 1990SCC(Cri)626

..... to six months' imprisonment and dismissed from service. the abstract of the proceeding produced as annexure ii to the petition shows that the proceedings were subject to review under the army act, section 162. counsel makes grievance that such review has not been done. we do not propose to issue notice but in case the decision of the summary court martial is subject ..... to review, the authorities shall exercise jurisdiction of review and pass appropriate order or directions. a copy of this order shall be forwarded to the army headquarters at new delhi for compliance to the extent indicated above. special leave petition is disposed of accordingly.

In Re: Jayantilal Nathubhai Parekh

Court : Mumbai

Reported in : AIR1949Bom319; (1949)51BOMLR653

..... his mind to the question, and that the grounds which have been supplied are vague and consequently there has been a breach of the mandatory provisions of section 3 of act vi of 1947.14. taking up now the first contention with regard to the application of the mind, though in part it may be taken to be ..... such other particulars as are in his opinion sufficient to enable the detenu to make a representation to the provincial government. it is said that the district magistrate acted in contravention of section 3 when, instead of furnishing proper grounds when the applicant applied for them, he furnished, what may be called, vague grounds. there was, therefore, ..... form an unlawful army.4. it was contended on behalf of the applicant in his application that, in the first instance, this order was a mala fide order passed by the district magistrate. it was passed not because the district magistrate was satisfied as required by section 2, sub-section (1), that the applicant was acting in a manner .....

L/Naik Mahabir Singh Vs. Chief of Army Staff

Court : Supreme Court of India

..... to six months' imprisonment and dismissed from service. the abstract of the proceeding produced as annexure ii to the petition shows that the proceedings were subject to review under the army act, section 162. counsel makes grievance that such review has not been done. we do not propose to issue notice but in case the decision of the summary court martial is subject ..... of review and pass appropriate orders or directions. in case review is not admissible, no further action will be taken. a copy of this order shall be forwarded to the army headquarters at new delhi for compliance to the extent indicated above. special leave petition is disposed of accordingly.

State of Orissa and anr. Vs. Mst. Amruta Dei and ors.

Court : Orissa

Reported in : AIR1987Ori217; 63(1987)CLT54

..... duties assigned to him not by virtue of delegation of any sovereign power. he further found that after the amendment of section 110 of the motor vehicles act by the amendment act of 1956, the distinctionbetween sovereign and non-sovereign act of the state no longer existed because all owners of vehicles were brought within the scope of this ..... a sovereign or by a person by virtue of delegation of sovereign powers. (2) the sovereign function of the state must necessarily include the maintenance of the army, variousdepartments of the government for maintenance of law and order and proper administration of the country which would include magistracy and the police and the machinery for administration ..... haryana high court rejected the plea of sovereign immunity.in mrs. pushpa v. slate of jammu & kashmir, 1977 acj 375, a truck under the use of the army knocked down a cyclist causing his death. at that time the truck was loaded with crushed barley for being used as a feed for the mules. it was held .....

Union of India (Uoi) Vs. Vijay Pal Gandhi and ors.

Court : Punjab and Haryana

Reported in : 1(1984)ACC68

..... servant in the course of his employment was not enough to absolve the government from liability for damages for the injuries caused by such act. further, it was held that though the maintenance of the army was a sovereign function of the union of india, it did not follow that the union of india was immune from all liability for ..... any tortious act committed by an army personnel.20. the further guideline laid down by the full bench was that where the employment in the course of which the tortious act had been committed was such that even a private individual can engage in it could not ..... of any military operations or movement. there is no gain-saying that merely taking of army personnel to the airport was an act which could well have been performed by any individual in his private capacity. in other words, it was not such an act which could not be lawfully performed except by a person delegated with its sovereign powers.22 .....

Jasbir Singh Vs. the State

Court : Delhi

Reported in : 1984(7)DRJ94

jagdish chandra, j.(1) the petitioner cannot be said to be innocent and rather this evidence point towards his guilt under section 3 of the official secrets act 1923 looking especially to the visits of the petitioner to the aforesaid two libraries and inspecting there the secret and restricted documents-books under an identity card which though belonged ..... was paid rs. 10,000/'- for each manual. during this period, he also got me a restricted pamphlet relating to identification of armoured fighting wagons. this publication was issued by army headquarter in about june 1970............'(3) even though the aforesaid confession was retracted by the maker thereof and this being confession of a co-accused cannot be treated as substantive .....