Judgment Search Results Home > Cases Phrase: army act 1950 section 31 privileges of reservists Court: delhi Page 7 of about 103 results (0.357 seconds)

R.S. Bhagat Vs. Union of India

Court : Delhi

Reported in : AIR1982Delhi191; ILR1980Delhi1422; 1981LabIC617; 1981(1)SLJ71(Delhi)

..... fail to understand as to how the opinion of the defense minister, who is the highest authority has been disregarded and the petitioner had been dismissed. under section 144 of the army act 1950 the court martial can consider the 'general character' of the accused and 'other matters as may be prescribed.' of course the accused must be given an ..... position stood, these important allegations and averments offacts stood non-traversed and that the law would take its own course in the circumstances. (iii) under section 164(2) of the army act, 1950, the central government have a power to revise the order of the court martial and to pass such an order as they think fit. the central ..... government can annul the proceedings of the court martial under section 165 of the army act if they are satisfied that the order of the court martial and the .....

H.C. Dhingra Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1988Delhi33; 1989RLR101

..... to quash a notice dated 8th april, 1988, issued under the directions and on behalf of the f chief of army staff, calling upon the petitioner to show cause why his services should not be terminated under section 19 of the army act, 1950 read with army rule 14. (2) the writ petition was filed on 25th april 1983. by an interim order made on ..... annexure b to the writ petition), to the letter dated 25th february1987 but he did not express his consent to waive the time limit under the provisions of army act section 122 read with army headquarters letter dated 3-12-1986 and to face trial by a g.c.m. for the lapse mentioned in the letter dated 25-2-1987. it was ..... had no jurisdiction to issue the notice dated 8th april, 1988 to the petitioner to show cause why his services should not be terminated under section 19 of the army act read with army rule 14 on the ground of misconduct alleged in the said notice. consequently, we quash the show cause notice dated 8th april, 1988, and, in view of the .....

Ex. Rect. Lachhman Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(1)SLJ237(Delhi)

..... that the petitioner never admitted his guilt nor did he plead guilty to the charge. next that though the petitioner was served with a charge sheet under section 39(a) of the army act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of criminal nature. this lapse itself vitiates the trial. ..... act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. ..... of learned counsel for the petitioner that petitioner was not attested in the army i.e. he was not confirmed and was a recruit only and could not be subjected to summary court martial, we find no force in this as section 120(3) of the army act, 1950 provides that a summary court-martial may try any person subject to this .....

Ex. Gnr. Ajit Singh, S/O Mahesh Chand Vs. the Union of India (Uoi) and ...

Court : Delhi

Reported in : 2004CriLJ3994; 2004(73)DRJ494

..... respondent has taken the stand that such person is not subject to any other act or legislation for any offence committed by an individual when in service. another arguments was advanced by learned counsel for the respondent that the non obstinate clause of section 6 has to ..... by him. it has also been contended that army act is a special act and is a complete code in itself and is not subject to or limited by any other general or special act. it was contended that once an individual is enrolled in the army, he is governed by the provisions of army act, 1950. in para 2 of the counter affidavit the ..... section 2(h) of 1986 act. in the present act, section 2(k) which defines 'juvenile' is to the following effect :'juvenile' or 'child' means a person who has not completed eighteenth year of age;'15. the mere fact that the age has been enhanced to 18 years, irrespective of a boy or a girl and the army act is of the year 1950, .....

Saroj Taneja Vs. Union of India

Court : Delhi

Reported in : 1998VIAD(Delhi)829; 77(1999)DLT233

..... 2nd of november, 1987, and ultimately, the judgment of this court was upheld by the supreme court. later on, a notice under section 19 of the army act, 1950 read with rule 14 of the army rules, 1954 was issued. on the 30th of october, 1991 this court passed ad interim orders in the following terms:- 'cwp.3382/91 ..... was again sent for confirmation. before the revised sentence was confirmed by the competent authority, the petitioner submitted a petition under section 164 of the army act to the chief of the army staff. the chief of army staff confirmed the sentence passed on the petitioner. the post-confirmation petition of the petitioner was rejected by the central government. ..... the petitioner was called upon to show case as to why his service should not be terminated by the central government under the provisions of section 19, army act read with army rule 14. the show cause notice has been challenged in the writ petition. as interim relief by this application, the petitioner seeks stay of .....

Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(87)DRJ108

..... supreme court observed that the consideration of reasons which applied while awarding the sentence of court martial are equally applicable in the case of proceedings of confirmation under section 164(2) of the army act. it was thus observed that since reasons were not required to be recorded at the stage of recording of findings and the confirmation of the finding, they ..... of court martial, the position of law laid down in s.n. mukherjee's case in so far as it held that reasons in support of orders under section 164(2) of the army act were not required to be given no longer holds the field. the other position of law laid down in s.n. mukherjee's case (supra) was ..... case (supra) by following the reasons in som datt datta's case (supra) held that no reasons were required to be given in an order of confirmation under section 164(2) of the army act. (b) that the som datt datta's case (supra) and s.n. mukharjee's case (supra) related to general court martials which required the presence of .....

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 140(2007)DLT626

..... , dismissing or removing from service. only further action is taken under regulation 16(a) in relation to forfeiture of pension. thus, punishing a person under section 71 of the army act and making order under regulation 16(a) are entirely different. hence, there is no question of applying principle of double jeopardy to the present cases.8. ..... offence. punishment is imposed under section 71 of the army act after trial by court martial. passing an order under regulation 16(a) in the matter of grant or forfeiture of pension comes thereafter and it is ..... :25. a contention, though feebly, was advanced on behalf of some of the respondents that forfeiture of pension in addition to the punishment imposed under section 71 of the army act amounted to double jeopardy. in our view, this contention has no force. there is no question of prosecuting and punishing a person twice for the same .....

Ex. Havildar K.P. Pandey Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(3)SLJ463(Delhi)

..... to the post of havildar, he could not have been inflicted with the impugned punishment.(ii) the charges leveled against the petitioner purported to be under section 63 of the army act, were mala fide having regard to the backdrop of the case.(iii) the commandant had no jurisdiction to convene the district court martial.10. reliance in ..... on 15th february 1997 (saturday) and 16th february 1997 (sunday) where for no reason has been assigned.(vi) although in terms of section 133 of the army act, the provisions of the evidence act are applicable, it would appear that the cross-examination was done by court and the petitioner was not permitted to call his own defense witness ..... , the petitioner after his arrest on 27th july 1996 was attached to a different field regiment for his trial by a summary court martial.27. sections 116 and 120 of the army act read thus:'116. summary of court-martial.--(1) a summary court-martial may be held by the commanding officer of nay corps. department or detachment .....

Fayaz Khan vs.union of India and Ors.

Court : Delhi

..... in the facts of the case, and the armed forces tribunal held that the petitioner should have been tried under a court martial and by resort to section 69 of the army act, it does not follow that the petitioner is entitled to claim compensation. he submits that if this proposition is accepted, then in every case where ..... and its decision was premised on purely technical question whether the chief of the army staff could have resorted to exercise of power under section 70 when the alleged offence against the petitioner should have been tried under court martial under section 69 of the army act. tribunal also did not return a finding giving a clean chit to the petitioner ..... by holding a court martial u/s 69 of the army act. the relevant extract from the said decision reads as follows: 28. in the present case, under section 69 for offence under the official secrets act could have been tried by court martial only. therefore, resorting to power under section 70 was not at all warranted. we are not .....

Mahender Yadav vs.central Bureau of Investigation

Court : Delhi

..... yadav (retrd.). in this case, the court was concerned with an interpretation of the expression trial commenced under section 123(2) of the army act, 1950. charges for dereliction of duty were laid against the respondent and action against the army act was initiated against the respondent though he had retired. it appears that the respondent took various steps to delay ..... his favour. the supreme court was concerned with the interpretation as to what would be the meaning of the words trial commenced as used in sub-section (2) of section 123 of the army act and the determination of as to when it commenced. in para 21, the court observed that the trial before the court martial is deemed to ..... to the question of the merits of the petition. the petitioner is being prosecuted for offences under section 120-b/161 of the indian penal code and section 5(1)(a)(d) and 5(2) of the prevention of corruption act. his apprehension is that the case against him is the result of the machination of two police .....