Judgment Search Results Home > Cases Phrase: army act 1950 section 193 publication of rules and regulations in gazette Page 10 of about 390 results (2.325 seconds)

Surendra Lal S/O Late Munshi Lal Vs. the Union of India Through Its Mi ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... 10. the terms of regulation 16(a) are clearly different from regulation 113(a). according to regulation 16(a), when an officer as defined in section 3 (xviii) of the army act, 1950, is cashiered or dismissed or removed from service, then the president has the discretion of either forfeiting his pension or ordering that he be granted pension ..... exceeding that for which he would have otherwise qualified had he been discharged on the same date. (b) an individual who is removed from service under army act, section 20, may be considered for the grant of pension/gratuity at the rate not exceeding that for which he would have otherwise qualified had he been discharged ..... in the case of a person who is discharged, and not dismissed, under the provisions of the army act. in the case of discharge, a person remains eligible for pension or gratuity under the said regulation. the latter part of section 113(a) provides that in exceptional cases, the president may at his discretion, grant service pension .....

Munesh Chand Sharma (Died) Represented by His Legal Representative, Sm ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... initiator of this anonymous letter. accordingly, he was not permitted to work in his capacity as a store keeper and was victimised by the respondents. the charge of intoxication under army act section 48 did not stand scrutiny as no medical check up was done. to the contrary, the appellant asked for medical check up which was denied and a false and fabricated ..... by 78 days. the second incident, that is of intoxication, occurred on 15.12.1998. the charges that were framed against the appellant are as given below: first charge army act section 39(b) without sufficient cause overstaying leave granted to him in that he, at ambala cantt, on 20 nov 98, having been granted leave of absence from 01 sep 98 ..... cause to rejoin at 0600 h on 11 sep 98 on the expiry of the said leave till he voluntarily rejoined on 28 nov 98 at 0500 h. second charge army act section 48 intoxication in that he, at 1830 h on 15 dec 98 was intoxicated. 4. the respondents argued that the facts of the matter are that on 1.8 .....

Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...

Court : Supreme Court of India

Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)

..... in the particular circumstances of this case the respondent is not 'liable to be tried' by a court-martial.7. section 122(1) of the army act, 1950, provides that no trial by court-martial of any person subject to the army act for any offence shall be commenced after the expiry of the period of three years from the date of the offence. ..... martial has recorded a finding that it cannot try him on account of the expiry of three years from the date of the commission of the offence.11. section 125 of the army act provides that when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding ..... the respondent cannot be tried on account of the expiry of three years from the date of the commission of the offence, he cannot be go scot free. section 127 of the army act provides that when a person is convicted or acquitted by a court-martial, he may, with the previous sanction of the central government, be tried again by .....

In Re: Major F.K. Mistry

Court : Chennai

Reported in : (1949)2MLJ44

..... statements in them completely. the question is whether the facts mentioned in them are sufficient to lead one to the conclusion that the provisions of section 69 of the indian army act, have been complied with. mr. subbiah, the special police inspector, states that after he completed the investigation conducted under the ordinary provisions of ..... of language be termed either the competent military authority or the commanding officer of the accused person. even if the prescribed military authority under section 69 of the army act had come to the decision that the proceeding should be instituted in an ordinary criminal court, still, in my judgment, according to the true ..... the commanding officer of the accused person. the learned advocate-general contended that when once the prescribed military authority has come to this decision under section 69 of the army act, the observance of the rule by the magistrate, viz., the issuing of a notice, is not necessary, and the insistence upon the following .....

A.W. Mears Vs. Emperor

Court : Mumbai

Reported in : (1945)47BOMLR981

..... the ordinary criminal law, and all the charges with which he was charged before the court martial were 'military offences' under sections of the army act. the whole proceedings against him have therefore been entirely under the army act and not in any way under the ordinary criminal law. in our judgment unless we are compelled by some authority or by ..... case in person before us. in the court below it had been argued on behalf of the appellant that all court martial proceedings under the army act were criminal proceedings within the meaning of section 270(1). but in view of the amazing consequences which, it was pointed out by the high court, must result if this contention were ..... something in the context to hold that such proceedings under the army act must be deemed to be included in the phraseology of section 270(1), it would be unreasonable for us so to do. we think that the words 'proceedings civil or criminal' have been .....

Capt. K.M. Saxena Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2000(3)ALT416

..... arresting the detenu, proceedings under section 106 of the army act have been initiated and it would not be open to the courts to interfere in such a procedure contemplated by the respondents. learned counsel, in this connection, has also drawn our attention to few relevant provisions of the army act, 1950. learned counsel submitted that the ..... ) by the learned senior standing counsel for central government appearing on behalf of the respondents supporting his contention that when once the proceedings under section 106 of the army act have been initiated by the respondents after arresting a person, it would not be open to the courts under article 226 of the constitution of ..... also indicated that after the detenu is arrested on the ground that he absented himself from duties and was declared deserter, an enquiry under section 106 of the army act has been initiated against the detenu. the respondents have denied the allegation that the detenu is being harassed.12. the party-in-person filed .....

Sri Paramjit Singh Kohli Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1997)1CALLT395(HC)

..... paramjit singh unit 511 asc bn attached to mrc wellington, do hereby consent to dispense with the attendance of witnesses at my summary trial by goc atnkk & area under army act section 84. place : wellington signature --date : 09 july 92 no & rank -- ic 37030p majorname -- kohli paramjit singh.unit + 511 asc bn att to mrcwellington. ..... by respondent no. 3 in choosing to deal with the petitioner summarily under section 84 of the army act by holding his summary trial for a charge under section 63 of the army act, even though under section 71 and other related provisions of the army act, the petitioner was entitled to be tried, if at all, by a general ..... in the matter by the authorities of dssc, wellington which ultimately culminated into the issuance of a charge-sheet against the petitioner under section 63 of the army act for committing an act prejudicial to good order and military discipline. it shall be advantageous to reproduce the charge-sheet in varbatim, which reads thus:-- charge .....

Dev Raj Vs. Union of India (Uoi) Through Ministry of Defence and 3 ors ...

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ484

..... vide ai 317/52. you were failed to report for reservist training during 1961 when called for. as such you were declared deserter and dismissed from service under army act sec 30(3) wef 11 nov 64 i.e. after 3 years from the date of desertion.3. in view of the above, you are not entitled for ..... being heard and made the charges against him and whether any specific order was passed with regard to forfeiture of the pensionary benefits, as required under section 71 of the army act? the reply further does not disclose as to whether summary court martial, after considering the facts, found the petitioner guilty and awarded the punishment of ..... years reserve service by the petitioner, entitles the petitioner for the grant of pension. the order declaring the petitioner deserter and dismissing him from service under section 20(3) of the army act, has been made without giving him any hearing and is, therefore, unsustainable in law being violative of principles of natural justice, when the petitioner .....

Balwinder Singh Vs. Union of India

Court : Delhi

Reported in : 1996VAD(Delhi)257; 64(1996)DLT385; 1996(39)DRJ96

..... and sentence of court martial by the central government or at the stage of consideration of the post confirmation petition under section 164(2) of the act. the army act constitutes a special law. sub-section (3) of section 354 of the code of criminal procedure or any other part of the code would not apply to a trial by ..... the question of delay. a period of more than two years was taken by the central government in the disposal of the post-confirmation petition filed under sub-section (2) of section 164 of the army act. (29) in triveniben's case (supra) the conflicting decisions in t.v. vatheeswaran v. the state of tamil nadu, : 1983crilj481 , sher singh ..... and at that stage reasons are only required for the recommendation to mercy, if the court martial makes such a recommendation. it was observed that section 162 of the army act negatives a requirement to give reasons on the part of the confirming authority, while confirming the findings and sentence of the court martial, accordingly it .....

U.O.i. and ors. Vs. Rajbir Singh Khanna and anr.

Court : Supreme Court of India

Reported in : AIR2001SC3327; [2001(91)FLR240]; JT2001(7)SC50; 2001LabIC2898; 2001(5)SCALE418; (2001)7SCC113; 2001(3)SCT1145(SC)

..... come up in appeal by special leave. we have heard the learned counsel for the parties at length. the position of law insofar as the interpretation of section 122 of the army act, 1950 is concerned stands resolved and settled by a three-judge bench decision of this court in union of india and ors. v. harjeet singh sandhu : [2001 ..... the high court even if the delay was attributable to the interim orders of the high court that did not make any difference to the applicability of section 122 of the army act.7. the appellants filed letters patent appeal. by an interim order dated 3.3.1994 the division bench gave liberty to the appellants to proceed ..... of brigadier along with the consequential benefits attaching with such promotion. the court martial proceedings were directed to be quashed as being barred by time under section 122 of the army act overruling the plea of the appellants that the delay in court martial proceedings was attributable to the interim orders passed by the high court. in the .....