Judgment Search Results Home > Cases Phrase: army act 1950 section 193 publication of rules and regulations in gazette Page 12 of about 390 results (0.088 seconds)

Ous Kutilingal Achudan Nair and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1179; 1976LabIC780; (1976)2SCC780; [1976]2SCR769; 1976(8)LC43(SC)

..... that the members of the appellants' unions are not subject to the army act as they do not fall under any of the categories enumerated in sub-clauses (a) to (i) of section 2 of the army act, 1950, and that the impugned notifications are ultra vires the army act and are struck by articles 19(1)(c) and 33 of the ..... the military law. the army act, 1950, has also been made applicable to them. by another notification dated 23.2.1972, issued under rule 79, of the army rules, civilian employees of the training establishments and military hospitals have been taken out of the purview of the industrial disputes act.15. section 9 of the army act further empowers the central ..... maintenance of discipline among them.11. in enacting the army act, 1950, in so far as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the operation of .....

Kailash Chandra Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... findings are not supported by evidence. it was reiterated that the dismissal from service is not a punishment contained in the hierarchy of punishment as listed in army act section 71 or section 40(b). therefore, that illegal punishment needs to be set aside and the appellant be reinstated in service with all consequential benefits. 6. counsel for the ..... , the second punishment of dismissal was converted into discharge. 4. it was argued by counsel for the appellant that dismissal was not a punishment as listed in army act section 71, wherein the punishments which are awardable by a court martial are listed. therefore, for the goc-in-c to award him this punishment was illegal and ..... taken, which culminated in the scm of 31.8.1995, wherein he was awarded three months rigorous imprisonment and dismissal from service, for three charges as under: army act section 36(c) leaving his post without orders from his superior officer. in that he, at unit loc, between 0045h and 0130h on 12 aug 95, when on .....

Criminal Writ Petition No. 518 of 2012 Vs. Union of India and Others

Court : Punjab and Haryana

..... in the manner as is being done. if petitioner no.1 cannot be put to trial by general court martial proceedings by invoking the provisions of section 123 of army act and the direction to keep him in custody by virtue of said provision would be without jurisdiction. since the writ of habeas corpus is being ..... court martial and the enhanced sentence, as imposed on petitioner no.1, was confirmed by the confirming authority. petitioner no.1 filed petition under section 164 (2) of the army act to challenge the finding returned by general court martial and the sentence imposed which criminal writ petition no.518 o 7. was confirmed. this petition ..... respondents is without jurisdiction. not only that, respondents have also taken petitioner no.1 in custody after ordering his discharge by invoking the provisions of section 123 of the army act. counsel further contends that this is being done while misinterpreting the order passed by the principal bench of the tribunal at delhi. before filing the .....

Major S. Ravi and Others Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(5)ALD839; 2001(6)ALT202; 93(2001)DLT647

..... each and every aspect of the matter. suffice it to elaborate and understand the import of section 25 of the army act, 1950 and rule 7 of the survey of india (recruitment from corps of engineer officers), rules, 1950.10. section 2 of the army act categorises the persons subject to the act and they shall remain as such until they retire, discharged, released, removed, dismissed or cashiered from ..... the service. section 2(2)(xviii) of the army act defines officer to mean a person commissioned, gazetted or in .....

Lakh Narayan Karan Vs. Union of India (Uoi) Through the Special Secret ...

Court : Patna

..... did not regularise his leave, on the other hand, sentenced him to undergo for an imprisonment for 28 days, for committing the offence under section 39 of the army act, which provides punishment for a person who over stays the leave granted to him without sufficient cause.3. while the petitioner was undergoing an imprisonment ..... found guilty in a summary court-martial proceeding, it is necessary to refer to the relevant provisions of the army act. section 71 of the act which prescribes the punishment awardable by a court-martial runs as follows:section 71. punishment awardable by courts-martial. - punishments may be inflicted in respect of offence committed by persons subject ..... leave granted to him. the offence which the petitioner is alleged to have committed is under section 41(1) of the army act, 195u (hereinafter referred to as the act), which runs as follows:any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given .....

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

Court : Supreme Court of India

Reported in : (1993)2CALLT31(SC); 1993CriLJ3454; JT1993(5)SC154; 1993(3)SCALE589; (1993)4SCC327; [1993]Supp2SCR56

..... with a view to avoid hardship to the persons convicted by court martial, has in 1992 incorporated in the army act itself a provision similar in terms as section 428 cr. pc. section 169a of the army act, as introduced by the army amendment act, 1992, provides:169a. period of detention undergone by the accused to be set-off against the sentence of ..... by respondent no. 4, in spite of the presence of the commanding officer in the unit, it was illegal. we cannot agree. under section 169(2) of the army act read with army rule 166, a warrant for the committal of a person sentenced by court martial to a civil prison is required to be forwarded and signed ..... of the central government for the detention of the appellant beyond a period of three months was obtained and, therefore, the safeguards provided for in sections 101-103 of the army act read with rule 27 of the rules were respected in their breach, without any explanation being furnished for non-compliance with the requirements of those .....

Chhandra Bhan Varma Vs. Union of India

Court : Mumbai

Reported in : AIR1956Bom601

..... the pleasure of the president can it be said that the plaintiff still has a right of action for dismissal? the argument here was that the effect of sections 22 to 24, army act of 1950 and the rules and regulations made thereunder was that the service of the plaintiff could not be regarded as during the pleasure of the president.10. this argument ..... must be negatived. in the first place it goes contrary to the express and explicit language of article 310. moreover it ignores section 18, army act which lays down that every person .....

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

Court : Supreme Court of India

Reported in : AIR2004SC2126; 2004(5)ALLMR(SC)610; 110(2004)DLT566(SC); 2004(75)DRJ122; [2004(102)FLR646]; JT2004(4)SC280; 2004(4)SCALE148; (2004)4SCC636; (2004)2UPLBEC1859

..... mind in the summary of evidence and satisfied myself that there is a prime-facie case against the accused on both the charges under army act section 63 and 47 respectively.2. in pursuance of army rule 41, i had approved and empowered my staff officer lieutenant colonel ram nagina singh, the then deputy assistant adjutant general (legal), ..... the officer who actually convenes the court-martial under sub-rule (3) of rule 37 can be two different officers, but both must be competent under section 109 of the army act.11. in the instant case, the facts are not disputed by the respondent the documents produced by the respondent himself show that on 9.3.1987, ..... that the charges framed against the delinquent officer are within the purview of the army act and that the evidence justifies a trial by court-martial of such charges. the above satisfaction can be entered by an officer empowered under section 109 of the army act before the actual convening of the court-martial. in other words, the officer .....

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

..... of the mes continued to be governed by other existing instructions. no separate criterions were prescribed in 1959 for the army officers who were part of mes. in this background the military engineer services (army personnel) regulations, 1989 were formulated under section 192, army act, 1950. the composition of the mes was described as comprising of''..the officers, junior commissioned officers and other ranks of the ..... by saying that mes could not have been restructured by the central government by framing them under the army act, 1950. this amounted to changing the structure and framework of mes, an independent body that is not within the scope and ambit of section 192 of the army act; changing of structure of mes is not within the scope of power of the central government under .....

Shish Ram Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : 2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167

..... counsel for the respondents, on the other hand, submitted that the authority to dismiss the appellant from service is the brigade commander and this should be clear from section 20(3) of the army act, 1950. he submitted that the appellant has in fact been dismissed by the brigade commander. regarding pension, he submitted that regulation 113(a) of the pension regulations, 1961 clearly ..... was ineligible for pension and gratuity in respect of his previous service. 6. sub-section (3) of section 20 of the army act, 1950 and regulation 206 of the defence services regulations, 1961 are quoted hereinbelow: section 20 - dismissal, removal or reduction by the chief of the army staff and by other officers- (3).an officer having power not less than a brigade or equivalent commander or .....