Judgment Search Results Home > Cases Phrase: army act 1950 section 37 mutiny Page 11 of about 71,895 results (0.352 seconds)

Chhandra Bhan Varma Vs. Union of India

Court : Mumbai

Reported in : AIR1956Bom601

..... the pleasure of the president can it be said that the plaintiff still has a right of action for dismissal? the argument here was that the effect of sections 22 to 24, army act of 1950 and the rules and regulations made thereunder was that the service of the plaintiff could not be regarded as during the pleasure of the president.10. this argument ..... must be negatived. in the first place it goes contrary to the express and explicit language of article 310. moreover it ignores section 18, army act which lays down that every person .....

Union of India (Uoi) and ors. Vs. Gurnam Singh

Court : Supreme Court of India

Reported in : AIR2004SC2126; 2004(5)ALLMR(SC)610; 110(2004)DLT566(SC); 2004(75)DRJ122; [2004(102)FLR646]; JT2004(4)SC280; 2004(4)SCALE148; (2004)4SCC636; (2004)2UPLBEC1859

..... mind in the summary of evidence and satisfied myself that there is a prime-facie case against the accused on both the charges under army act section 63 and 47 respectively.2. in pursuance of army rule 41, i had approved and empowered my staff officer lieutenant colonel ram nagina singh, the then deputy assistant adjutant general (legal), ..... the officer who actually convenes the court-martial under sub-rule (3) of rule 37 can be two different officers, but both must be competent under section 109 of the army act.11. in the instant case, the facts are not disputed by the respondent the documents produced by the respondent himself show that on 9.3.1987, ..... that the charges framed against the delinquent officer are within the purview of the army act and that the evidence justifies a trial by court-martial of such charges. the above satisfaction can be entered by an officer empowered under section 109 of the army act before the actual convening of the court-martial. in other words, the officer .....

Indian Defence Service of Engineers Association (Govt. Approved) Vs. U ...

Court : Delhi

..... of the mes continued to be governed by other existing instructions. no separate criterions were prescribed in 1959 for the army officers who were part of mes. in this background the military engineer services (army personnel) regulations, 1989 were formulated under section 192, army act, 1950. the composition of the mes was described as comprising of''..the officers, junior commissioned officers and other ranks of the ..... by saying that mes could not have been restructured by the central government by framing them under the army act, 1950. this amounted to changing the structure and framework of mes, an independent body that is not within the scope and ambit of section 192 of the army act; changing of structure of mes is not within the scope of power of the central government under .....

Shish Ram Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : 2012(1)SCC290; 2012(1)LLN394; AIR2012SCW1167

..... counsel for the respondents, on the other hand, submitted that the authority to dismiss the appellant from service is the brigade commander and this should be clear from section 20(3) of the army act, 1950. he submitted that the appellant has in fact been dismissed by the brigade commander. regarding pension, he submitted that regulation 113(a) of the pension regulations, 1961 clearly ..... was ineligible for pension and gratuity in respect of his previous service. 6. sub-section (3) of section 20 of the army act, 1950 and regulation 206 of the defence services regulations, 1961 are quoted hereinbelow: section 20 - dismissal, removal or reduction by the chief of the army staff and by other officers- (3).an officer having power not less than a brigade or equivalent commander or .....

Ex Maj Yr Sharma Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... , details of which are given in column (d) of annexure iv, thereby causing loss to the government to the tune of rs.31,240/-. the sixth charge is under army act section 63, which is an alternative charge to fifth charge. charge no. 7 alleges that the appellant did not take action to credit the stores in the ledger, details of which ..... no.rao/mes/audit objs 4/01 to 3/02 amc dated 1.7.2003. a request was also made therein to make a preliminary investigation. in this letter, army act section 122 was also referred to. it does not contain the name of the appellant though involvements of retd/posted out officers were shown. again as per the letter dated 23 ..... the period june 2001 and november 2001 to may 2002. after audit objection, the court martial was convened only on 23.9.2005. it is, therefore, barred by limitation under army act section 122. in this regard, the letter dated 10.10.2003 sent by hq centre and school, lucknow to hqs central command (dv branch), lucknow-2 was referred to stating .....

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Reported in : (2009)6MLJ269

..... supreme court again in r. viswan v. union of india : air 1983 sc 658 wherein the qeustion was whether section 21 of the army act, 1950 r/w chapter iv of the army rules 1954 is within the scope and ambit of article 33 of the constitution of india and whether central government notifications ..... act. section 124(j) of the tamil nadu district municipalities act which gives exemption from payment of profession tax reads as follows:124.j. exemptions.- nothing contained in this chapter shall apply to (a)the members of the armed forces of the union serving in any part of this state to whom the provisions of the army act, 1950 (central act xlv of 1950), the air force act, 1950 (central act ..... maintenance of discipline among them.in enacting the army act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, parliament derives its competence from article 33 of the constitution. section 2(1) of the act enumerates the persons who are subject to the .....

Major Subhash Chandra Sarkar Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1972MPLJ449

..... the discussion aforesaid, i would allow the present petition with costs and would quash the impugned order imposing punishment on the petitioner for violation of section 41(2) of the army act, 1950. as the petitioner did not commit any offence whatsoever, there would be no question of any retrial. therefore, after quashing the said order ..... the investigation before the court of inquiry could never form the subject-matter of a command, much less a lawful command, as envisaged by section 41(2) of the army act, 1950. therefore, with due respect to the learned members constituting the general court-martial, 1 would stress that as the petitioner's presence or otherwise ..... said order and whether it would amount to a lawful command, as contemplated by section 41 of the army act. it may be relevant to reproduce section 41(2) of the army act, 1950, which is asfollows:section 41(1)...(2).-any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by .....

Union of India (Uoi) and ors. Vs. V.N. Singh

Court : Supreme Court of India

..... question whether the proceedings were time barred. it was argued that the order dated october 30, 1996, taking the respondent into close custody under section 123 of the army act, 1950, was passed because the respondent was charged for the offence of procedural lapses in local purchase of hygiene and chemicals during his tenure as ..... brigade under whom the respondent was working at the relevant time. the commanding officer, vide order dated october 30, 1996 invoked the provisions of section 123 of the army act 1950, and took the respondent into close custody as superannuation of the respondent was due on october 31, 1996 and it was apprehended that the respondent ..... well as the sentence imposed upon the respondent after holding that gcm proceedings were initiated after expiry of the period of limitation prescribed by section 122(1)(b) of the army act, 1950, which has given rise to the instant appeal.3. this court has heard ms. indira jaisingh, the learned additional solicitor general for .....

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

..... the petitioner, which is explicitly clear on a bare reading of section 2 of the army act read with note-4 appended thereto. in support of the aforesaid contention, the counsel also referred to the provisions of section 5 of the indian reserve forces act, 1950 and the indian reserve forces rules, 1955.8. in the light ..... of the aforesaid submissions, we have carefully perused the records, which were placed before us and also the relevant provisions of the law which were referred to by the counsel appearing for thee parties. the provisions of section 2(1)(c) and section 2(2) of the army act ..... was issued, which was served on the petitioner. thereforee, the submissions of the counsel for the petitioner that the provisions of the army act, particularly section 20(3) of the army act are not applicable to the petitioner and that exemption from training is accepted under defense service regulations, are found to be without any merit .....

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... . the moment offence under the narcotic drugs and psychotropic substances act, 1985 is committed by member of armed force and he is tried under section 69 of army act, 1950, the relevant provisions of the narcotic drugs and psychotropic substances act, 1985 relating to offence for which the army personnel is tried would be incorporated in the army act, 1950. section 69 is a legislative device by which all civil offences ..... part of india. therefore any offences triable by any court of ordinary criminal justice will be a civil offence for the purpose of the army act, 1950. by virtue of section 69 any person, subject to army act, 1950, that is to whom the act applies commits any civil offence at any place in or beyond india, shall be deemed to be guilty of an offence against the .....