Judgment Search Results Home > Cases Phrase: army act 1950 section 40 striking or threatening superior officers Court: chennai Page 4 of about 35 results (0.092 seconds)

Ravi Bhatt and Another Vs. the Director General, Armed Forces Medical ...

Court : Chennai

Reported in : AIR1997Mad78; (1996)IIMLJ220

..... to conduct a court of inquiry into the matter concerning the selection to the second respondent college. the petitioners arc civilians and therefore the provisions of the army act or any other enactment would not be applicable to them and if at all they have to be summoned in a court of inquiry, procedure contemplated under ..... being selected to the undergraduate wing of the afmc. they are not commissioned officers and there is no contract applicable to them to be amenable under the army act. the instructions to candidates clearly stipulate that the officer-in-charge of the local examination centre is the final authority to decide about the alleged use of ..... therefore, to rely upon post admission and post qualification matters does not make the candidate to sit for the entrance examination as amenable to the provisions of the army act.45. it is also contended that the chief invigilator and the invigilator are the examination staff who are paid honorarium and who are entrusted with the test .....

Watson and anr. Vs. Lloyd

Court : Chennai

Reported in : (1902)ILR25Mad402

..... that it was not the intention of the legislature by adding the words 'or by any law passed by the governor-general of india in council' to section 136 of the army act to make section 266 of the code of civil procedure applicable to a military officer.8. in considering the construction to be placed upon these words it is important to bear ..... appeal from an order of boddam, j., dismissing an application for the attachment of a moiety of the pay of a major in the indian staff corps.2. the army act of 1881, section 151 (3) provided: 'a civil court or court of small causes, upon adjudging payment of any sum by any person subject to military law other than a soldier ..... soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by this or any other act or by any royal warrant for the time being.'4. in 1895, section 151 of the army act of 1881 was repealed and the words 'or by any law passed by the governor-general of india in council' were added .....

Sadashiv Gajanana Bhat Vs. Union of India Through the Secretary, Gover ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... to retired personnel subject to the army act, 1950 (46 of 1950), the navy act 1957 (62 of 1957) and the air force act 1950 (45 of 1950), including their dependants, heirs and successors, in so far as it relates to their service matters. hence, prima facie, we have to see whether the applicant comes under the purview of the army act 1950. section 2 of the army act 1950, reads as follows:- (1) the ..... following persons shall be subject to this act wherever they may be, namely:- (a) officers, junior commissioned officers and warrant officers of the regular army; (b) persons enrolled under this act; (c) persons belonging to the indian reserve forces; (d) persons belonging to .....

Manivel Selvaraj Versus the Defence Secretary and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... vide gazette of india notification no.67 pres/74. the petitioner was tried by a summary court martial for an offence of committing theft of government property under army act section 52(a) and dismissed from service with effect from 17th april 1976 at 10.40 hours after completion of 9 years 10 months and 2 days of ..... service under the orders of summary court martial, whereas the petitioner herein was dismissed from service after facing a trial before the summary court martial under section 52(a) of the army act (committing theft of government property). in wpc.no.2511 of 1989 also the petitioner therein has not faced any summary court martial. hence, the dictum ..... rendered and required for earning service gratuity shall be five years and as per para 113(b) of pension regulations for the army 1961, part-i, an individual who is removed from service under army act section 20, may be considered for the grant of pension/gratuity at the rate not exceeding that for which he would have otherwise .....

A. Murugan Vs. Union of India Rep. by Chief of Army Staff Ministry of ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... aug 99 to proceed to home did not rejoin at field on the expiry of the said leave but absented himself with intent to avoid such active service. second charge army act section 39(a) : absented himself without leave, in that he, at bangalore, on 3 apr 2000, absented himself without leave at 0545 hrs from unit lines and ..... the petitioner. 12. we have examined carefully the proceedings of the summary court martial held on 30th september 2000. the petitioner was charged for two offences, first charge, army act, section 38 (1) deserting the service, in that he, at field, on 15 aug 99, while on active service and having been granted leave of absence from 03 aug ..... 2013( vallivedu bhaskar v. uoi and ors.)-aft/rb chennai. 4. the respondents would submit that the petitioner had been tried and punished for overstayal of leave under army act section 39(b) on three earlier occasions; on 9th august 1991 for overstaying leave for 25 days, on 27th january 1993 for overstaying leave for 218 days and on 10th .....

A.Selvaraji Versus the Union of India – Rep by Its Secretary. Min ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... , the proper form to be used is iafy-1964 or any certificate which complies with army act section 23 would also be legally sufficient. the officer in charge depot company (demob wing) is the delegated competent authority to issue discharge certificate on iafy-1964 ..... the petitioners discharge from service on medical grounds under item iii(v) of army rule 13(3) read in conjunction with rule 13(2a). 3(d)as per army rule 12(1), certificate required to be provided to the ex-servicemen under the provisions of army act section 23 is called discharge certificate and vide note 2 to the said rule ..... of discharge, the petitioner should have been served with show cause notice before issuing discharge certificate, but the same was not complied with. as per section 23 of the act, the valid certificate of discharge must be issued in the mother tongue mentioning the ground for discharge and the authority ordering the discharge with his name rank .....

Peddisetty Suresh Kumar Vs. Union of India, Ministry of Defence Rep by ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... ) on 10th january 2000 and thereafter, embodied to the regular forces ie., 21 sub area which is subjected to the army act section 2(1)(e) and also section 9(1) of the territorial army act, 1948. according to the applicant, he had availed 19 days of casual leave from 16th august 2005 to 3rd september 2005 with permission ..... aforesaid provisions including that of the guidelines called the guide to medical officers (military pensions) 1980 and also the source of power, i.e., the provision of section 173 of the pension regulations including other relevant provisions came to be considered by the supreme court. a conjoint reading of the aforesaid provisions along with the decisions ..... 20 per cent or over may, on retirement, be awarded a disability pension consisting of a service element and a disability element in accordance with the regulations in this section. after quoting the passage of lord denning l.j, in seafortcourt estates ltd. vs. asher, 1949 (2) all er 155, quoted. when a defect appears .....

T.S. Marimuthu Versus Assitant Record Officer, Headquarters, Western C ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... -c took up the said petition filed by the wife and issued show cause notice to her husband in terms of section 91(i) of the army act 1950 r/w army rule 193. after proceeding with the matter, the army authority found proper and directed the husband on 9.3.1996 to pay maintenance as per the said provision of law ..... general officer commanding in chief, headquarters, south western command. 3(a) in the counter the first respondent has further extracted the clause (i) of section 91 of army act, army rule 193 and also army order 2/2001. in the para-war comments the first respondent would further add that the order from records madras engineer group, bangalore, bearing letter no ..... if he is prepared to accept her and her children back. the maintenance to the wife and children of marimuthu was granted in accordance with section 91 of army act r/w army rule 193 and army order 2/2001 and that there was no violation of law by the first respondent. 4. the second respondent in her counter would state that .....

N. Sivasubramanian Versus Government of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the impracticability does not mean time barred and that the respondents contention that general court martial could not be conducted since the same is barred under section 122 of the army act, 1950. the delay would vitiate proceedings. the petitioner would place his reliance on the following dictums: i) air 1990 sc 1308 ii) 1997 (1) ..... decided to proceed against the petitioner administratively. thereafter, the petitioner was dismissed from service with effect from 27th january, 1993 under section 19 of the army act, 1950 read with rule 14 of the army rules, 1954 for not strictly following the rules laid down for accepting contracts, by accepting excessive rates, making procurement in excess ..... which resulted in issue of show cause notice to the petitioner on 7th november, 1990. after considering his explanation, the order of termination under army act section 19 read with army rule 14 was passed. 3(f) the court of inquiry was conducted in a proper manner. even in the court of inquiry, the .....

G.J.Rama Subba Reddy Vs. the Commanding Officer, 26 Maratha Light Infa ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... -1, dated 21st may 2008, is the apprehension roll, sent to the superintendent of police, kurnool district, informing the police that the applicant has committed an offence under section 39(b) of the army act 1950 (overstayal of leave) and requested the civil police to apprehend and produce him to the nearest military unit/formation hqs. the said apprehension roll was followed by exhibit ..... , belgaum, pin-590 009, on 04.04.2012 at 10.00 am and on his appearance, the respondents shall take him to their unit and to proceed against him under section 39(b) of army act 1950 before a court martial as per rules. no costs. ..... was overstaying leave illegally since 9th may 2008. in the mean time, the respondents were informed that the applicant is working in hyderabad. as per the army act section 106, when any person subject to army act read with army rule 183 remains absent from his duty without due authority for a period of thirty days and not afterwards surrender or is not apprehended, a court .....