Judgment Search Results Home > Cases Phrase: army act 1950 section 193 publication of rules and regulations in gazette Page 1 of about 390 results (0.052 seconds)

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1984)1GLR429

..... - any person subject to this act who commits any of the following offences, that is to say-(a) begins, incites, causes, or conspires, with ..... satisfied that the provisions of the army act and the rules are properly followed. now so far as article 20 is concerned, clauses (2) & (3) do not apply and they are not pressed into service. now they are charged for committing the offences under sections 37(b) & 40(a) of the army act, 1950. section 37 reads as under:37. mutiny ..... was thought that what is required to be challenged is the army act itself and the challenge is that sections 124 & 125 of the army act are unconstitutional and so also rule-61. now section 124 of the army act, 1950 reads as under:124. place of trial - any person subject to this act who commits any offence against it may be tried and .....

Lt. Genl. R.K. Anand Vs. Union of India and Another

Court : Supreme Court of India

Reported in : AIR1992SC763; JT1992(1)SC101; 1992LabIC643; 1992(1)SCALE8; 1992Supp(1)SCC561; [1991]Supp3SCR498; 1992(1)LC341(SC)

..... retirement placing reliance on the subsequent letter of instructions dated 9th september, 1986. the appellant also attempted to invoke certain regulations stated to have been framed under section 192 of the army act, 1950 as contained in the army instructions book (1987 edition). the high court, after a critical examination of the various submissions made before it, came to the conclusion that the appellant was ..... of lieutenant general. the terms and conditions of his service were governed by the army act, 1950 (hereinafter called 'the act') and the rules made thereunder. section 191 of the act empowers the central government to make rules for the purpose of carrying into effect the provisions of the act. sub-section (2) of section 191 enumerates the various matters in respect of which rules may be framed by .....

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 114(2004)DLT792; 2004(77)DRJ480

..... or to lay down any condition or restriction or reservation on the power of such confirming authority otherwise than by virtue of issuance of a warrant under section 154 of the army act, 1950.21. there is no dispute that respondent no.4 was functioning as goc, 11 corps. since the sentence awarded to the petitioner in the instant ..... entitled k.k. taneja v. union of india & anr. however, we find that in this case, no warrant authorising an officer in terms of sections 154 and 166 of the army act, 1950 was produced before the court. as such, the ratio of this judgment would have no application to the instant case.32. the questions raised by the ..... same have not attained the force of law. according to the respondents, no regulations have been framed under the provisions of the army act, 1950 till date as envisaged under section 192, 193 and 193a of the act. the defense service regulations are not statutory in nature and it is so indicated in the preface thereto. thereforee, such regulations, .....

R.K. Anand Vs. Union of India and anr.

Court : Delhi

Reported in : 1991(21)DRJ185

..... on 17 december, 1990 was expedited as in case the petitioner succeeded he could get the benefit of retirement age of 58 and retire on 31 december, 1992.(2) section 191 of the army act, 1950 (for brevity 'the act') empowers the central government, among other things, to make rules for the removal, retirement, release or discharge from the service of persons subject to the ..... act. the petitioner belongs to infantry in the regular army and is governed by the provisions of the act, rules and regulations made there under. under section 192, central government can also make regulations .....

Baby Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2003(3)KLT362

..... bench for consideration of the matter.2. to answer the question in the abstract, a brief reference to the statutory provisions is essential. the parliament enacted the army act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set up and present day requirements'. the purpose was ..... agree that the rule or regulations should not be made, be of no effect, as the case may be......'.3. in exercise of the power under section 191, the army rules, 1954 were promulgated on november 27, 1954. rule 13 enumerates the authorities, which shall be competent to discharge persons from service on the grounds ..... per cent or over may, onretirement, be awarded a disability pension consisting of a service element and a disabilityelement in accordance with the regulations in this section;(b) the question whether a disability is attributable to or aggravated by military service shall be determined under the rules in appendix ii'.a provision for the .....

Union of India Rep. by Chief Engineer, Naval Works, Kochi Vs. M/S. Bha ...

Court : Kerala

..... army act, 1950 as well. the above chapter in the army act captioned `rules' deal with the power of the central government to make rules and regulations for the purpose of giving effect to that act and also the publication thereof mandating that such rules and regulations are to be laid before the parliament. sections 192, 193 and 193a of the army act ..... such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation." section 193a is a new provision in the army act which has been brought in by amendment under act 20 of 1983 with effect from 15-03-1984. even before that amendment, the provision covered by ..... read thus: 192. power to make regulations:- the central government may make regulations for all or any of the purposes of this act other than those specified in section 191. 193. publication of rules and regulations in gazette .....

Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

..... in orders to extract a confession as a result whereof bhagwan das died. a general court martial (gcm, for short) was convened under section 109 of army act, 1950 which tried the respondent and the other officers. on 26.12.1978 the gcm awarded the sentence of forfeiture of three years service for purpose ..... the fact remains that such penalties have been treated as punishments awardable by court martial under section 71 of the army act, 1950. the power conferred by section 19 on the central government and the power conferred on court martial by section 71 are clearly distinguishable from each other. they are not alternatives to each other in ..... be necessary to keep in view the provisions contained in section 19 and 122 of the army act, 1950 and rule 14 of army rules, 1954 which are extracted and reproduced hereunder :-army act, 195019. termination of service by central government. - subject to the provisions of this act and the rules and regulations made thereunder the central government .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....