Judgment Search Results Home > Cases Phrase: army act 1950 section 31 privileges of reservists Court: delhi Page 5 of about 103 results (0.164 seconds)

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 .....

Major Viveky Rai Vs. Uoi and ors.

Court : Delhi

..... for 5 years. the ultimate decision taken was to invoke the presidential power under section 18 of the army act 1950. order dated 11.9.2009 was issued, which reads as under:- "order the president, in exercise of powers conferred by section 18 of the army act 1950 and of all other powers enabling in this behalf, is pleased to order ..... now, it is not in doubt that the petitioner held office, as a major in the territorial army, at the pleasure of the president for the reason section 18 of the army act 1950 states that every person subject to this act shall hold office during the pleasure of the president, but the question would be whether in the facts ..... the authority, but can only be for valid reasons. 12. a perusal of the army act 1950 would reveal that 4 distinct powers are contemplated with respect to the tenure of army personnel. the first is section 18 of the army act where service of an army personnel can be terminated without assigning any reasons. the second would be the power under .....

Colonel Aniltej Singh Dhaliwal Vs. Union of India (Uoi) and 2 ors.

Court : Delhi

Reported in : 2002(64)DRJ854

..... passed by the gcm and (b) in the alternative to permit the respondents to pass appropriate orders on the question of sentence in exercise of the powers vested under section 163 of the army act, 1950, after modifying the court's previous order dated 10.5.1999. this application was vehemently opposed by the petitioner herein in the apex court. a perusal of the ..... fact that hon'ble supreme court had declined to direct the petitioner to present himself before the gcm without his reinstatement. the relevant provision is section 2(2) of the army act 1950 sates that every person subject to this act shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. it is certainly arguable that the respondents ought .....

Naib Subedar R.M. Bandyopadhyay Vs. Union of India and Others

Court : Delhi

..... leave from 7th january, 2008 to 10th march, 2008 and the disciplinary case under investigation was pending on 24th october, 2007 for an offence under the army act under section 39 (absence without leave from 22nd to 24th october, 2007) and since severe reprimand was awarded to the petitioner through the summary trial by the co 2 ..... that the petitioner was tried summarily and awarded severe reprimand by col.k.bhushan, sc, sm, commandant, 2 assam riffles on 26th april, 2008 under section 39(a) of the army act for being absent without leave from 22nd october, 2007 to 24th october, 2007. 19. the respondents contended that the petitioner was tried summarily again and ..... awarded severe reprimand by col.k.bhushan, sc, sm, commandant, 2 assam riffles on 21st august, 2008 under section 39(d) of the army act for being absent at the time fixed at the place appointed for duty. regarding the severe reprimand dated 21st august, 2008, the respondents disclosed that .....

Ex Nk Pratap Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... hurt to jc-478267p naib subedar puran singh of the same unit on grave and sudden provocation given to him by the said naik subedar puran singh. second charge army act section 39(a) absenting himself without leave, in that he, at the place and date aforesaid, absented himself without leave until he voluntarily rejoined his unit (19 rajput ..... be given a summary punishment under army act section 80 and the appellant being a substantive naik could at best be given a severe reprimand. therefore, he was shocked when he was tried by a summary court ..... an overleaf. 5. counsel for the appellant stated that the appellant was informed on 5.3.1997 that there would be a summary trial for an offence under army act sections 39(a) and 40(a) and accordingly he appended his signatures to some papers. the appellant was quite relieved since summary trial meant that he could only .....

No 2607818f Sepoy Shaik Raffee Versus the Chief of Army Staff, Army He ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... respect of one round of ak 47 rifle, the property of no 2609652k sepoy mohd althaf hussain of the same battalion. third charge army act section 63 an act prejujdicial to good order and military discipline, in that he, at field, on the night 13/14 sep 2006, was improperly in possession of three rounds of ..... up four rounds fired by no 15774807w naik/clerk ravi kumar pola to kill ic-61002f maj. harsh of 38 rashtriya rifles (madras), committed disappearance of evidence. second charge army act section 52(a) committing theft of properlty belonging to a person subject tomilitary law. in that he, at field, on the night 13/14 sep 2006, committed theft in ..... the conclusion of the scm and that he was deprived of his basic fundamental rights. 4. the appellant is aggrieved that the charges against him under sections 69, 52a and 63 of the army act do not convey any real offence per se. the offence of theft, cannot really be applied to borrowing and lending of a few rounds of .....

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

..... sandhu, 10 armd. regt. in exercise of the powers conferred under section 90(1) of the army act 1950(46/1950) i am directed to convey the sanction of the president to the recovery of rs. 1600.00 per month(rupees one thousand and six hundred only) ..... is fair and proper or is otherwise vitiated ? points1 and 2(8) the impugned order of deduction from salary towards maintenance refers to section 90(i) of the army act,1950. the provision reads as under:- 'section 90: deduction from pay and allowances of officers: the following penal deductions may he made from the pay and allowances of an officer ..... september, 1993, totalling rs. 1600.00 per month. the compensation was awarded in exercise of the powers conferred under section 90(i) of the army act 1950 (46 of 1950). the order reads as follows: 'to the chief of the army staff, new delhi. subject: grant of maintenance allowance to smt.seema sandhu wife of ic-41377y capt. j.s. .....

Ex. Commodore Narinder M. Pandit Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT74; 2008(100)DRJ735; 2008(3)SLJ363(Delhi)

..... on 22.22.1978 were that a general court martial tried the petitioner and imposed a punishment of cashiering under section 71(d) of the army act and no further punishment was imposed under section 71(h) of the army act for forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; he applied for ..... that on the date of cashiering or dismissal there could be any arrears of pension. section 73 of the army act enables the authorities to impose punishments in combination. merely because punishment is not imposed under clause (h) or (k) of section 71 and other punishments are imposed, it does not mean that the president is deprived ..... martial reads as follows:the court having found the accused guilty of offences charged under section 13(2) of prevention of corruption act, 1988, r/w section 77(2) of navy act, 1957, under section 60(d) of navy act, 1957, under section 54(2) of navy act, 1957, adjudges the said commodore nm pandit (60219-k), indian navy, of indian .....

Union of India and Another Vs. Major Singh and Chander Pal Singh

Court : Delhi

Reported in : 2001IIIAD(Delhi)376; 2001(58)DRJ282

..... army act and rules are pari materia with the act and rules of this act (bsf act). she stated that section 71 of the army act deals with punishments awarded by the court martial. similarly section 48 of the bsf act also deals with the punishment. she submitted that section 164(2) of the army act is akin to section 117(2) of the bsf act. similarly section 179 of the army act is akin to section ..... 128 of the bsf act ..... martial the petitioner was awarded sentence of dismissal from service. the petitioner therein filed representation under section 164(2) of the army act. the order of dismissal passed by the court martial was confirmed by the coas. the .....

Ex-swr Girdhari Lal Yadav Vs. Union of India and ors.

Court : Delhi

..... the 2 armd bde combined offrs mess guard, quitted the said guard without leave. 3. aggrieved by the said order of punishment, the petitioner had filed an appeal under section 164 of the army act and vide order dated 27.04.1993 the same was rejected. the petitioner, thereafter, had filed a writ petition bearing w.p.(c) no.4446/1996 which was ..... 2 armd bde combined offrs mess guard, broke into the house of ic-16786f maj pjs sandhu of the same regt in the search of plunder. charge under section 36(d) of the army act without orders from his superior officer leaves his guard in that he, at c/o 56 apo on night 26/27 july 83 between 2220 hrs and 0030 ..... period of four months in civil custody and was ordered to be dismissed from service. the charges which were framed against the petitioner are as under: charge under section 36(b) of the army act breaking into a house in search of plunder in that he, at c/o 56 apo on night 26 july 83 between 2220 h and 2230 h, while .....