Judgment Search Results Home > Cases Phrase: army act 1950 section 31 privileges of reservists Page 6 of about 1,016 results (0.537 seconds)

Union of India and ors. Vs. Ajit Singh

Court : Supreme Court of India

..... army act, 1950 (hereinafter referred to as `the army act ). after the conclusion of the gcm proceedings, the respondent was awarded punishment vide order dated 3.4.2003, as has been referred to hereinabove. d. the sentence awarded in the gcm was confirmed by the competent authority, i.e. chief of the army staff, while dealing with the petition under section 164(2) of the army act. ..... submissions made by learned counsel for the parties and perused the record.6. relevant parts of the chargesheet issued to the respondent read as under:- i) charged under army act section 52(a)- theft of 30 grenade hand no.36 high explosive and160 rounds of 5.56 mm insas on 17/18.3.2002. ii) charged under ..... army act section 52(a) - theft of carbine machine gun 9 mm on 27.9.2002. iii) charged under army act section 39(a) absent from duty without leave from 26.2.2002 to 8.3.2002. iv) charged under army act section 39(a) absent from duty without leave from 12.6.2002 to .....

S. Ramachander Vs. the Union of India, Represented by Chief of Army an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... by the accused for his absence under the second charge is unbelievable. the only consideration to be in favour of the applicant is under section 39 of the army act. the punishment given under section 39 of the army act is shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less ..... period from 7.6.1990 to 18.06.1990 to visit his family, but he again overstayed his leave for 20 days. he was charged under section 39(a) of the army act for absenting himself without leave. the summary court martial tried and found him guilty and sentenced to undergo 6 months ri and also the punishment of dismissal ..... dated 08.03.2008 and the impugned order dated 08.11.2008 of the 2nd respondent, resulting the punishment of dismissal from service for an offence under section 39(b) of the army act, are liable to be set aside for the reasons stated in the memorandum of the application/appeal? 8. the point:- charges 1 and 2 levelled against .....

K Tirupathi Versus the Chief of Army Staff Army Headquarters, Dhpo New ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the commanding officer, to take revenge on the petitioner, framed the following charges against him: i) army act section 36 (d) leaving his post without orders from his superior officer; ii) army act section 38 (1) deserting the service iii) army act section 52 (a) committing theft in respect of property belonging to the government. 2(c) without giving ..... rigorous imprisonment and dismissal from service. the said sentence is under challenge before this tribunal. 7(a) the specific charges levelled against the petitioner under army act section 36(d) is that the petitioner on 04.03.2001 between 05.00 and 06.00 hours, when on sentry duty at 5 post, ..... other relevant facts not taken into consideration. merely because the appellant was in the army service, he is not deprived for human or fundamental rights. fairness and reasonableness is the hallmark of article 14 of the constitution of idnia, 1950. imposition of double punishment by court martial without giving reasons is wholly arbitrary. .....

Gautam Sanyal Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... dt 27 mar 78: t.a no. 484 of 2010 gautam sanyal 7 (a) 3005/95/e3 for rs.3680/- (b) 3005/96/e3 for rs.8438/- fifth charge army act section 63 an act prejudicial to good order and military discipline in that he, at gurdaspur, during sep 83, while performing the duties of ge(p) no.2 gurdaspur improperly placed following supply ..... . 13. now what remains to be considered is the quantum of sentence, so far as charge no. 1 is concerned. though the first charge refers about the offence under army act section 52(f) viz. having caused wrongful loss to the government by placing two supply orders in respect of repairs to 3 ton shaktiman ba no.37405 for rs.9900/- and ..... sentence of imprisonment for one year would commensurate with the gravity of the offence, for which he was held guilty. 14. the conviction of the appellant for the offence under army act section 52(f) specified in charge no.1 is upheld. he is acquitted of rest of the offences under charge nos.2, 3, 5 and 6. the sentence of cashiering .....

Sepoy No.14603518m Cfn (Elect) Roor Singh of Hq 70 Inf Bde Camp Versus ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... made to locate the individual and inform him about such duties. however, they were unable to locate the appellant. 7. with regard to the charge no.4 under section 63 of the army act i.e. visiting the duty bound area, witness no.2 maj ks sahrawat has testified that he saw the appellant coming out of the village and running back to ..... to such plea. it is therefore, to be presumed that the individual had infact made such wilful disobedience of orders. 6. with regard to charge no.3 under section 39(a) of the army act i.e. the individual was missing from the unit lines on 23.10.1997 from approx 1600 to 2100 hours, all the three witnesses i.e. witness no ..... .09.1997 to 09.10.1997. counsel for the appellant urged that the appellant had never disobeyed any lawful command as was purported to have been committed under section 41(i) of the army act. in this instance when he was ordered by his hav maj to report for duty the appellant replied that he had not been issued with the coat parka .....

S. Sakthivel Vs. Col. Commanding Officer, Artillery Depot Regiment and ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... exhibit-1 (surrender certificate). but, once the appellant/accused had voluntarily surrendered before the respondents, they ought to have proceeded against him as per section 39 of the army act 1950, which specifically deals with absence without leave of personnel. there is no material placed before this tribunal to show that after the appellant/accused had ..... centre, nasik road camp and was taken on strength as an individual, pending disciplinary inquiry. p.w.1 would further add that since action as per army act section 142(5) had already been carried out earlier, the documents as initiated on 28th july 2008 were duly cancelled vide artillery centre, nasik road letter no. ..... the respondents have chosen to resort to court martial proceedings after framing a charge against the appellant/accused under section 38(1) of the army act instead of proceeding against him under section 39(b) of the army act even after he voluntarily surrendered under exhibit-1. p.w.4 in his evidence has also spoken to .....

Union of India Through Its Secretary, and ors. Vs. Rabinder Singh.

Court : Supreme Court of India

..... conducting of the court of inquiry on 13.10.1986 to collect evidence and to make a report under rule 177 of the army rules, 1954 framed under section 191 of the army act, 1950. on conclusion of the inquiry a disciplinary action was directed against the respondent. (ii) thereafter, the summary of evidence was recorded ..... rival counsel, we may note that the respondent was charged under section 52 (f) of the army act, 1950 and the section was specifically referred in the charges leveled against him. section 52 reads as follows:- 52. offences in respect of property - any person subject to this act who commits any of the following offences, that is to say ..... under rule 23 of the army rules, wherein the respondent duly participated. some 15 witnesses were examined in support of the prosecution, and the .....

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

..... the civil police. in order to test whether this argument is valid it is necessary to scrutinize the provisions of the army act in some detail. section 2 of the army act, 1950 (act 46 of 1950), hereinafter called the 'army act', describes the different categories of army personnel who are subject to the army act. section 3(ii) defines a 'civil offence' to mean 'an offence which is triable by a criminal court ..... '; section 3(vii) defines a 'court-martial' to mean 'a court-martial held under this act'; section 3(viii) defines 'criminal court' to mean 'a .....

Union of India and ors Vs. Major S.P. Sharma and ors

Court : Supreme Court of India

..... cashiered. against 13 officers, disciplinary actions were initiated. however, a decision was taken not to try them and an administrative order under section 18 of the army act, 1950 (in short the army act ) was passed terminating their services.3. the present appeals arise out of the order passed way back in 1980 terminating the services ..... 56. from a reading of the files one could see that the proposal had come from the army headquarters directorate of military intelligence for termination of services of certain officers under section 18 of the army act, 1950 and that was accepted by the concerned ministry. the circumstances under which the directorate military intelligence ..... were brought invoking the doctrine of pleasure as enshrined under article 310 of the constitution of india, 1950 (hereinafter referred to as the constitution ) coupled with the powers to be exercised under section 18 of the army act. initially, the orders of dismissal were passed on 11.1.1980, which were assailed in .....

Sanjay Giri Versus Union of India, Through Ministry of Defence, New De ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... 13(3) iii (v) is passed and it is sufficient compliance of the rules that a show cause notice is given. section 22 of the army act provides that any person subject to the act may be retired, released or discharged in the manner as may be prescribed. an order of discharge under rule 13(3) iii (v) is not a punishment ..... court should avoid an interpretation which makes a statutory provision redundant. the rules under the army act prescribe the manner in which the punishment under section 80 is to be awarded. while all personnel subject to the army act can be tried by courts martial, the power under section 80 can be exercised only in respect of soldiers other than officers jco s and ..... was awarded more than four red ink entries based on the punishment orders dated 09.07.2001 u/s 48 of the army act wherein the petitioner was awarded 14 days imprisonment, order dated 08.03.2002 under section 39 (a) of the army act wherein he was awarded 14 days imprisonment, order dated 01.07.2002 u/s 63 of the .....