Judgment Search Results Home > Cases Phrase: army act 1950 section 33 saving of rights and privileges under laws Sorted by: old Page 1 of about 620 results (0.215 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 .....

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 .....

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 .....

Respublica Vs. Carlisle

Court : US Supreme Court

..... with respect to this third species of treason, the legislature has further explained the meaning of the words, aiding and assisting, to be, 'by joining the armies of the enemy, or by enlisting, or procuring, or persuading others to enlist for that purpose; or by furnishing such enemies with arms or ammunition, provision ..... finally over-ruled by the court, who gave judgment for the commonwealth; and the defendant, a short time afterwards, was accordingly executed. footnotes [ footnote * ] an act of assembly passed the 3rd december, 1782, has encreased the number of treasons, by declaring, that 'erecting, or endeavouring to erect a new and independant government within this ..... arms, maliciously and traiterously give and send intelligence to the same enemies for that purpose, against the duty of his allegiance, against the form of the act of assembly in such case made and provided, and against the peace and dignity of the commonwealth of pennsylvania.' the attorney general offering a witness to .....

Respublica Vs. Malin

Court : US Supreme Court

..... of the commonwealth. fost. 11. for, joining the army of an enemy, has always been held prima facie evidence of an overt act. and-- page 1 u.s. 33, 35 by the court it was accordinglly ruled, that evidence might be given of an overt ..... which it is committed. cro. c. 247. 4 bl. c. 301. 3 inst. 48. 49. 80. and that the circumstance of merely joining the enemy's army, being neither treason, nor misprision of treason, unless done with a traiterous intention, no overt act had been proved in chester, which was a prerequisite to any evidence being heard of an overt ..... proved in the county where the trial is held, corroborative evidence may be given of overt acts committed in any other county. fost. 9. 2 hawk. 436. and that having established the prisoner's presence with the british army, nothing, but the proof of actual force, and its continuance, could excuse him from the charge of adhering to the enemies .....

Respublica Vs. Roberts

Court : US Supreme Court

..... a witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the british army; but that he did not succeed. this gave rise to a question on these words of the act of assembly: 'that if any person or persons knowingly and willingly shall aid or assist any enemies at open war ..... now offered will be proper, in confirmation of their testimony. one of the overt acts, then, laid in the indictment, is aiding and assisting the enemy by joining their armies, and this has been legally and satisfactorily proved. notwithstanding, therefore, the other overt act of giving intelligence to the enemy, is not supported by any evidence, but the defendant ..... respublica v. roberts 1 u.s. 39 (1778) by the court: there is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavoured to persuade others to enlist, in the armies of the enemy. but we are of opinion, that the word persuading, used by the legislature, means .....

Respublica Vs. Sweers

Court : US Supreme Court

..... continental congress, to make purchases of military stores, and of divers other articles, necessary and fitting in the preparation of military stores, for the use of the armies aforesaid, and to make payments, and take receipts, bills of parcels, and other vouchers therefor. and the jurors aforesaid, upon their oaths and affirmations aforesaid, ..... necessary that some person should be actually prejudiced. this rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature. upon the whole, we are of opinion, that your conviction has been legal, as well as just; and, therefore, it ..... parcels, and other vouchers, for military stores, and for divers articles, necessary and fitting in the preparation of military stores, purchased for the use of the armies aforesaid, and to keep the accounts thereof: and the jurors aforesaid, upon their oaths and affirmations aforesaid, do further present, that the same cornelius sweers, on .....

Respublica Vs. Mccarty

Court : US Supreme Court

..... 86 (dall.) republica v. m'carty* supreme court of pennsylvania april term, 1781 the defendant was indicted for high-treason, in levying war, &c.; by joining the armies of the king of great britain. on the trial, the attorney general offered to give the confession of the party in evidence made at the time of his arraignment; ..... but ingersoll objected, that a confession could only be admitted to be given in evidence by way of corroboration, and that, therefore, an overt act should be first proved. fost. 10. 240. bradford, attorney general, contended, that the confession proved by two witnesses was of itself sufficient; but that, independent of that ..... the crime imputed to the defendant by the indictment, is that of levying war, by joining the armies of the king of great britain. inlisting, or procuring any person to be enlisted, in the service of the enemy, is clearly an act of treason. by the defendant's own confession it appears, that he actually enlisted in a .....

Respublica Vs. Chapman

Court : US Supreme Court

..... of all the acts of assembly should be suspended; yet, in the close of the same section, obedience to those acts, to the common law, and to so much of the statute law of england, as have heretofore been in force in pennsylvania, ..... this commonwealth, who now adhere to, and knowingly and willingly aid and assist the enemies of this state, or of the united states of america, by having joined their armies within this state, or elsewhere, or who hereafter shall do the same, and whom the supreme executive council of this state, by their proclamations to be issued under the ..... of george the third, ceased any longer to derive their virtue and validity from that source. but there is great inaccuracy in penning the act; for, though it would seem, by the former part of the second section, to be the sense of the legislature, that from the 11th of may 1776, to the 10th of february, 1777, the operation .....