Judgment Search Results Home > Cases Phrase: army act 1950 section 40 striking or threatening superior officers Page 23 of about 1,457 results (0.408 seconds)

Lt. Col. H.N. Tripathi Vs. State

Court : Jammu and Kashmir

Reported in : 1988CriLJ582

..... learned counsel withdrew his argument that he is not pressing the same to refer the matter to officer commanding to exercise the option under sections 125 and 126 of the army act read with section 549, cr. p.c.this concession before the trial court has neither been withdrawn nor otherwise questioned in the absence of which the ..... code is incompetent and the argument to the contrary is fallacious.17. mr. koul then submitted that in view of the provisions of sections 52,125 and 126 of the army act read with section 549, cr. p.c. accused no. 1 could be tried by the special judge only after the commanding officer had exercised his ..... therefore, the special judge had clearly jurisdiction to try the accused in respect of the said offences. the mere fact that the said acts ommisions might also constitute an offence under section 52 of the army act would not be of any relevance, as jurisdiction was exclusively conferred on the special judge notwithstanding' anything contained in any other law. .....

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

..... for the petitioner has pointed out that the itbpf act, 1992 has borrowed these expressions from section 87 of the army act, 1950. these expressions used in the army act have been explained in the manual of indian military law. we find that section 59 of the itbpf act, 1992 is para materia with section 87 of the army act, 1950. section 87 of the army act enables a superior military officer to conduct a review ..... of the punishment awarded under sections 83, 84 and 85 of .....

Udai Singh Dagar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306

..... of criminal procedure, 1898, or who, being or having been subject to military law has been convicted under the army act or under the indian army act, 1911 or under the army act, 1950, of an offence which is also a cognizable offence as so defined and any person who after due enquiry has ..... nagpur veterinary two-year diploma ...college certificate 16. the state of maharashtra in exercise of its power conferred upon it under sub-section (1) of section 38 read with sub-section (2) of section 18 of the 1971 act made regulations known as the maharashtra veterinary practitioners (conditions for registration of persons actually conducting veterinary practice) regulations 1981 (for short ..... or contingent right and the same approach should be adopted to the interpretation of 'right,' 'obligation,' or 'liability' in section 16 of the act of 1978. the section clearly contemplates that there will be situations where an investigation, legal proceeding or remedy may have to be instituted before the right .....

Directorate of Enforcement vs.abdullah Ali Balsharaf & Ors.

Court : Delhi

..... ) 18. in ajmer singh & ors. vs. union of india & ors. reported as (1987) 3 scc340 dealing with applicability of section 428 of the crpc to a general court martial under the army act 1950 (army act), the supreme court has held that since section 167 of the army act specifically says that the period of sentence shall be reckoned from the day on which the original proceedings are signed ..... by the presiding officer/court-martial, the benefit of set-off of the period of detention undergone by an accused during investigation, enquiry or trial under section 428 of .....

Smt. Meera Devi and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... letter bearing no. ac/2007/10 dated 5.11.1996 to civil police authorities to apprehend him. subsequently, the said unit conducted a court of inquiry under section 106 of the army act and after expiry of 30 days he was declared deserter with effect from 15.10.1996. it has further been stated that award for declaring the deceased ..... declaration of desertion of the deceased employee with effect from 15.10.96 itself is misconceived as per the provisions of law as enunciated in note 8 of section 39 of the army act, which provides that when a person has been absent without leave for 30 clear days or has over-stayed his leave without sufficient cause for that period ..... paid to them, as the deceased employee was declared deserter. this court is unable to accept the said submission of the learned counsel for the respondents.8. section 106 of the army act provides for holding of a court of inquiry when a person has been absented from duty without due authority for a period of 30 clear days. rule .....

R. Chatterjee Vs. Sub Area Commander H.Q. Madras

Court : Chennai

Reported in : AIR1951Mad777; (1951)1MLJ258

..... be usefully referred to in considering cases arising out of indian army act of 1911. in parenthesis it may be stated that act no. xlvi [46] of 1950 designated the army act, 1950 which came into force on 22-6-1950, though it has no direct appln. to the present case, ..... , as soon as he takes up the commission, will become subject to the provisions of the indian army act. section 2, sub-section (2) says that every person subject to the act under sub-section (1) clause (a), (indian commissioned officers) shall remain so subject until duly retired, discharged, cashiered ..... army act & rules have any validity & force. a brief resume of the ordinances & rules relating to this subject would be of material help. on 23-1-1950 the governor promulgated the armed forces (miscellaneous provisions) ordinance, 1950. the ordinance was intended to make additional provisions respecting the armed forces for ensuring the proper discharge of their duties & for the maintenance of discipline among them. section .....

Hony Capt. Vardip Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 109(2004)DLT536; 2004(72)DRJ596; 2004(2)SLJ480(Delhi)

..... construction of paragraph 520 sub-para (j) is that when the said recommendation has been received by the brigade commander or any other authority empowered under section 8 of the army act, the pension sanctioning authority had to accept such report. if there is any doubt in the mind of the pensioning authority, the pensioning authority sends ..... on field service. the opinion rendered pursuant to sub-para (g) of paragraph 520 is an opinion rendered by a person who is authorised under section 8 of the army act. thereforee, the report of the triaged commander assumes significance. the same has been submitted in terms of parameters laid down in paragraph 520 of the ..... it should be stated in the proceedings. the proceedings will then be sent to the brigade commander or the officer who has been authorised under section 8 of the army act to exercise the legal and disciplinary powers of a brigade commander who will record thereon his decision whether disability or death was attributable to military .....

Union of India and ors. Vs. Sunil Kumar Sarkar

Court : Supreme Court of India

Reported in : AIR2001SC1092; RLW2001(2)SC190; 2001(2)SCALE286; (2001)3SCC414; 2001(2)LC976(SC)

..... custody immediately after it imposed the sentence without the said order of sentence being confirmed by the higher authority is also contrary to the provisions of the army act. section 167 of the said act mandates that when a person is sentenced by a court martial his sentence shall be reckoned to commence on the day on which the original proceedings were ..... two proceedings do not overlap. as a matter of fact, notification no.sro-329 dated 23.9.1960 issued under the central rules and under sub-sections (1) and (4) of section 4 of the army act makes this position clear. by this notification, the punishments that could be meted out under the central rules have been taken out of the purview ..... santosh hegde, j.1. a general court martial (gcm) under the provisions of the army act, 1950 was initiated against the respondent herein for certain allegations of defrauding the border road organisation ('the organisation') in which the respondent was working as a superintendent, buildings & roads, grade .....

Jayantilal Kalidas Mehta Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1972)74BOMLR391

..... fundamental right.it is, however, important to note that in spite of the above observations the supreme court did proceed to consider in detail whether the provisions of section 125 of the army act were discriminatory and infringe the provisions of article 14 of the constitution, although the view expressed and the observations made by the supreme court in this respect may be ..... authority was bound to award in addition to the market value 15 per cent solatium under section 23(2) of the land acquisition act. but by acquiring the lands under the land acquisition act as modified by the schedule to the madras city improvement trust act 37 of 1950 for the improvement trust which also is a public purpose, the owners are, it is claimed .....

Union of India (Uoi) and ors. Vs. Ex. Sqn. Ldr. R. Sood

Court : Delhi

Reported in : 2008(102)DRJ52

..... of union of india v. harjeet singh sandhu (supra), almost a similar issue came up for consideration in which the supreme court held that provisions of section 122 of the army act, which prescribes a period of limitation for the commencement of court martial proceedings, would not apply to a case where administrative action is taken. it was ..... held in the said decision that the bar of limitation as provided under section 122 of the army act cannot take away the exercise of power vested under section 19 read with rule 14, which may be exercised when it is found that it is impracticable and not reasonably practicable ..... the code of criminal procedure was obtained for prosecuting members of the armed forces. the respondent was dismissed from service by the central government under section 19 of the air force act, 1950 read with rule 16 of the air force rules, 1969 by issuing an order dated 22nd september, 1993. the said order came to be .....