Judgment Search Results Home > Cases Phrase: army act 1950 section 40 striking or threatening superior officers Court: allahabad Page 2 of about 42 results (0.210 seconds)

HusaIn Baksh Vs. Mr. Briggen Shaw (W.J.)

Court : Allahabad

Reported in : AIR1933All597

..... 1881, 44 and 45 victoria, ch. 58. the question which calls for an answer therefore is whether a soldier to whom the army act applies is protected so far as the attachment of his pay and allowances is concerned. section 136, army act, as it originally stood provided that:the pay of an officer or soldier in his majesty's regular forces shall be paid ..... any relevancy in the present case. the judgment-debtor does not claim to be a person subject to the provisions of the indian army act, 8 of 1911. persons who are so subject are described in section 2 of that act and in view of what the judgment-debtor subsequently noted on the back of a notice issued by this court, we do not ..... be rs. 300 a month. we may note in this connection that clause (j) of the proviso to section 60(1), civil p.c., which refers to act 8 of 1911 (army act), does not apply to the judgment-debtor, who. claims to be subject to the army act.11. our view is supported by lt. e.g.a. prins v. murray and co. ltd. air .....

Chief of the Army Staff and Others Vs. Laxman Giri, Ex Havaldar No. 92 ...

Court : Allahabad

Reported in : 2000(1)AWC716; [2000(85)FLR76]; (2000)1UPLBEC868

..... officer should they behave so as to present a conduct unbecoming of a gentleman, may be convicted by court martial or cashiered. this is so provided in section 45 of the army act, 1950.7. what the petitioner, laxman girt, as havaldar, did to the wife of a soldier, is worse than a conduct unbecoming of a gentleman. the ..... prison and (c) dismissal from service.2. apparently, the submissions as were made on behalf of the petitioner were that for want of procedure in conformity with section 120 of the army act, 1950, the entire proceedings were bad. at the very outset, this court places on record that the learned judge was in error in the judgment. on record ..... present case is of summary court-martial which can be held by the commanding officer of any corps, department or detachment of the regular army. section 116 of the army act. 1950. in the circumstances of the present case, trial by summary court -martia! was not out of place nor bad for lack of jurisdiction. the satisfaction whether .....

Kr. Chitraketu Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1973All405

..... indian articles of war (section 73, act xii of 1894). even though that army act has been repealed there is section 29 in the army act. 1950 granting immunity from arrest for debt to persons subject to the army act for so long as they belong to the forces. persons subject to the act ere detailed in section 2(1) of the army act, 1950. they include officers of the regular army. the term'forces' is ..... to 9th jat regiment, and also because he is entitled to all the privileges of such 2nd lieutenant he is entitled to immunity from arrest as laid down in section 29 of the army act, 1950.5. even though certain facts were in dispute but, in substance, there was no dispute on facts and the only point for consideration was whether the petitioner was .....

CaptaIn C.P. Singh Vs. Union of India and Others

Court : Allahabad

Reported in : 1998(1)AWC49; (1997)3UPLBEC1702

..... a complaint to the central government under section 27 of the army act, 1950, is not an empty formality. central government has to address itself to the grievances raised in the complaint and redress the same in accordance ..... to the central government in such manner as may, from time to time, be specified by the proper authority. it is implicit in section 27 of the army act. 1950 that the central government is under an obligation to address itself to the statutory complaint and dispose it of in accordance with taw for making ..... sought to be judicially reviewed herein, is the non-selection of the petitioner for grant of permanent commission and rejection of his statutory complaint under section 27 of the army act. 1950- the first contention advanced by the learned counsel appearing for the petitioner is that the petitioner was illegally and arbitrarily denied being granted permanent .....

Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...

Court : Allahabad

Reported in : 1998(1)AWC53

..... his earlier statement. there is no dispute that the petitioner being an army personnel is subject to the army act, 1950. chapter x of the act deals with courts martial and chapter xi deals with procedure of courts martial. section 133 of the act provides that the indian evidence act shall, subject to the provisions of the act, apply to all proceedings before a court martial. there is no ..... provision in the army act which may make code of criminal procedure applicable to proceedings .....

V.K. Gupta Vs. Presiding Officer Central Govt. Industrial Tri. and Oth ...

Court : Allahabad

..... in the above situation, as the petitioner fails to fulfill both the two mandatory conditions laid down under section 36 of the act, the tribunal is not in error in not accepting him as a representative of the army base workshop and debarring him from appearance in the aforesaid case. the submission that such debarment of the ..... of the supreme court in lingappa pochanna appealwar (air 1985 supreme court 389 lingappa pochanna appealwar vs. state of maharashtra and another) in dealing with section 30 of the advocates act held that such a prohibition is only a restriction and is not violative of fundamental right of an advocate under article 19(1)(g) of the ..... seven judge constitution bench in re lily isabel thomas (air 1964 supreme court 855 re lily isabel thomas) was considering the validity of the supreme court rules, 1950 wherein right of representation was given only to certain class of advocates. their lordships considering the aforesaid rule 16 and 17 of order 4 of the supreme court .....

Harjeet Singh Sandhu Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : (1997)3UPLBEC2015

..... by court martial had become barred by limitation. in paragraph 31 of the counter affidavit it is clearly admitted that a re-trial under the army act was barred by section 122 of the army act and it was inexpedient to hold such a trial. therefore there is no dispute about the fact that the court martial was found to inexpedient ..... purpose of pension. the order of enhanced punishment is annexure-viii.3. on 24th september. 1979 chief of the army staff passed an order annexure-iv annuling the g. c. m. proceedings under section 165 of the army act (hereinafter called the act) on the ground that the proceedings were 'unjust'. on 20th december, 1979 the petitioner received a show cause ..... notice under section 19 of the act read with rule 14 of the rules framed under the army act, calling upon him to show cause as to why his services be not terminated. the notice is annexure-v and was replied by .....

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

Court : Allahabad

Reported in : 2003(1)AWC414

..... the respondents. the learned counsel for the appellant writ petitioner submitted that the summary court martial proceedings were in flagrant violation of mandatory provisions of army act, 1950 (hereinafter referred as the act) and the army rules, 1954 (hereinafter referred as rules) which went to the very root of the constitution and the proceedings of the summary court martial ..... however, it may mention here that the decision of the hon'ble supreme court in the case of ranjeet thakur (supra), wherein the provisions of section 130 of the army act has been held to be mandatory for summary court martial proceedings already appears to have been reviewed as noticed by jammu and kashmir high court in the ..... to be false or he has reason to believe it to be false. thus, no punishment could have been awarded for the alleged offence committed under section 56(a) of the army act. the punishment is vitiated. 17. in view of the fact that we are setting aside the punishment, it is not necessary for us to .....

Union of India (Uoi) Vs. Ex. Kanor Ranbir Singh Sidhu

Court : Allahabad

Reported in : AIR1971All396

..... 1968 lab ic 60 (delhi) held that the charge of insubordination being covered under section 42(e) of the army act, the central government was not authorised to act under section 19 ignoring section 42, the suit was, therefore, decreed for ..... which this appeal arises was then filed after notice under section 80, civil p. c. for the relief that order dated 6-2-1954 removing him from service is illegal, without jurisdiction, ultra vires and inoperative. the trial court on an interpretation of the indian army act, 1950 and relying on s.k. rao's case reported in ..... from 26th july 1946'. according to him, the notification sought to adversely affect his seniority in emoluments and he, therefore, made a complaint under section 117-a of the indian army act on 29th of june, 1949 claiming brigadier's pay and rank etc. not only was his complaint rejected but repeated representations which he made .....

Khem Chand No. 14501374 Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : (2003)2UPLBEC1072

..... petitioner in view of the provisions of section 70 of the army act. it is submitted that the plea of jurisdiction raised by the petitioner was rejected by the general court martial by a one line order mechanically and ..... applied for discharge from service which was allowed prior to the said incident and as a consequence thereof, the petitioner was discharged by the officer commanding under section 22 of the army act. it is submitted that in view of this, the petitioner was not in active service and the general court martial has no jurisdiction to try the ..... by shooting them down near village bhatgaon. after the alleged incident, a court of enquiry was constituted on 30.1.1974, to conduct the trial according to the army act. it in turn recorded the evidence of the witnesses. from the evidence recorded in the enquiry proceedings, it came out that all the witnesses named in the complaint .....