Judgment Search Results Home > Cases Phrase: army act 1950 section 33 saving of rights and privileges under laws Page 1 of about 620 results (0.947 seconds)

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. .....

Lt. Col. Vijaynath Jha Vs. Union of India and Others

Court : Supreme Court of India

..... the army act, 1950, the navy act, 1957 and the air force act, 1950. section 2 deals with the applicability of the act, which is to the following act:- 2. applicability of the act : (1) the provisions of this act shall apply to all 9 persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950. (2) this act shall also apply to retired personnel subject to the army act, 1950 or the navy act, 1957 ..... or the air force act, 1950, including their .....

Lt. Col. B.K. Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 73(1998)DLT181

..... same'. this counter was filed on 20th day of november 1997. this averment is absolutely false. the learned counsel referred to the certificate issued under section 327 of the army act, 1950. the learned counsel referred to page 151 of the typed set. this counter affidavit was filed in cm no. 7933 of 1997 wherein the ..... the department to consider his representation. the learned counsel again referred to section 27 of the army act, 1950. 36. learned counsel referred to annexure p-xiii which deals with the benefit the officer should be entitled to the same reads as under : ..... counsel relied upon the judgment of the supreme court reported in prithi pal singh v. union of india, : 1983crilj647 the learned counsel referred to section 3 of the army act, 1950 and submitted that his representation dated 4.4.1997 should have been considered by the department and appropriate direction should be issued to the head of .....

The State of Bombay Vs. Heman Santlal Alreja

Court : Mumbai

Reported in : AIR1952Bom16; (1951)53BOMLR837

..... had already been made, it was already on the statute book, and it had been, saved by article 31(5)(a). therefore, in our opinion, section 2 of act ii [2] of 1950 falls to be considered not with reference to article 13(2) but with reference to article 13(1).[17] a very interesting and able argument has been ..... regard to the validity of legislation dealing with requisition. he came to the conclusion that act xxxiii [33] of 1948 amended by the bombay land requisition (amendment) act, 1950, (act ii [2] of 1950) and further amended by the bombay land requisition (second amendment) act, 1950, (act xxxix [39] of 1950) was void on various grounds and he also held that the order of requisition dated ..... that bhagwati j.'s judgment in tan bug taim v. collector of bombay, 47 bom l.r. 1010 was based upon the minority judgment in minister of state for the army v. dalziel, (1944) 63 l.r. 261 and according to tendolkar j. as the supreme court has now held that the minority judgment is no longer good law .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....

Major Gopinathan Vs. the State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382

..... no. 48 of 1950), hereinafter called 'the army act', offences have been categorised into four categories ..... army act offences, the liability of an offender committing them to be tried by a court-martial does not arise unless and until he is 'charged therewith' under the sections, i.e., unless and until formal charges contained in a charge-sheet have been drawn up.6. to appreciate the contentions a few more factsmay now be noted.under the scheme of the army act, 1950 (act ..... in an ordinary criminal court of a civil offence. in spite of the fact that the civil offence is deemed to be an army act offence under section 69 of the army act, if the contention of the learned counsel for the non-applicant be correct, it cannot be sent for trial to a court-martial .....

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 .....