Judgment Search Results Home > Cases Phrase: army act 1950 section 5 application of act to forces of part b states repealed Page 1 of about 1,365 results (2.332 seconds)

Craftsman G Raju Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... authority from these regulations. should any variance arise between such orders and instructions and these regulations for the army, the latter shall prevail. he argued that the regulation gets its strength and source from section 192 of army act, 1950 as passed by the parliament while all other orders and instructions cannot overturn the basic principle. 8. learned ..... reinstatement back into service with grant of consequential benefits in terms of seniority, service, pay and allowances and promotion as admissible. an application under section 22 of the armed forces act, 2007 has also been filed alongwith oa for condonation of delay in filing the original application. 3. brief facts of the case are that ..... the applicant was enrolled in the indian army on 18.07.1985. in jan-feb 1998 the applicant fell sick and was diagnosed as neurotic .....

Ex. Major N.R. Ajwani and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 55(1994)DLT217; 1994(30)DRJ178

..... discipline among them.' 30. the parliament enacted the army act 1950 to consolidate and amend the law relating to governing of the regular army. the conditions of service of defense personnel is governed by the army act 1950 under chapter iv. section 18 of the army act governs the tenure of service under the army act and it stipulates that every person subject to army act shall hold office during the pleasure of the ..... president. this section reiterates the constitutional position set out in article 310 of the constitution. section 21 of the army act provides for power to modify certain fundamental .....

Krishna Chandra Misra Vs. Sushila Mitra

Court : Orissa

Reported in : AIR1951Ori105; 16(1950)CLT249

..... one year with effect from that date by government noffn. no. 2080-dev., dated 25-2-1950. this notification was issued in exercise of the power of the provincial government under sub-section (4) of s.1, house rent control act which provides that:'the provincial government may, from time to time, by notification extend the continuance of ..... schedule , it was provided that every person who held or thereafter should hold a commission or warrant as surgeon or assistant surgeon in his majesty's navy or army, should be entitled to practise as an apothecary in any part of england or wales without having undergone the examination or received the certificate required by a previous ..... tenancy and get possession without having to go to court if he can, and also absolves him from any penalty for contravention of the provisions of the act under section 15 thereof. when, however, the landlord is obliged to seek the help of a court by instituting proceedings, a fresh permission may well he required to .....

Union of India Rep. By the Secretary Ministry of Home Affairs Vs. Ran ...

Court : Supreme Court of India

..... justice for the purpose of any law referred in section 25(1) of the pc act. only the army act, 1950; the air force act, 1950; the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 are the statutes included in section 25 of the pc act. there was no declaration by the legislature that ..... any court or authority under the army act, 1950; the air force act; 1950, the navy act, 1957; the border security force act, 1968; the coast guard act, 1978 and the national security guard act, 1986 shall not be affected by the pc act. for the removal of doubts, it was declared in section 25 (2) of the pc act that for the purposes of ..... he made an attempt to submit that the 2006 act would fall within the sweep of section 25 of the pc act, in view of s.r.o. 318 issued under the army act, 1950. s.r.o. 318 which was issued under section 4 (1) of the army act made the provisions of the army act, 6 except those specified in the schedule annexed .....

Ramtahel Ramanand and ors. Vs. Ahmedabad Manufacturing and Calico Prin ...

Court : Gujarat

Reported in : (1968)IILLJ46Guj

..... dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly ..... the construction that we are giving to the definition of the word 'employee' and to the notification referred to above is consistent with the words used in the section itself and in the notification and there does not appear to us to be any justification for giving a narrower meaning and construction as has been suggested by sri patel ..... is ordinarily a part of the undertaking.' while giving effect to this sub-clause; we must bear in mind the purpose for which the clause was included in the section. the clause was meant to include a workman who, though not directly employed, was employed, by an agency to whom a part of the work of the undertaking .....

Beant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... .00 160.50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered by the chief engineer, lucknow ..... (i) indep electronic ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first ..... .00 36.00 1415084.00 79848.00 (c) suitable capacitor for fan 1000 nos 17.50 17500.00 total 1512432.00 second charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first .....

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... instructions (annexure-p.28), which are at page 72, the circumstances under which army act, section 123 can be invoked are stated : '3. army act, section 123 is invoked where an offence under the army act had been committed by any person while subject to the army act and he has thereafter ceased to be so subject by virtue of his being retired ..... has commenced, but before he could be tried and punished, the individual becomes due for retirement or release. judiciousness of invoking army act, section 123 5. army act, section 123 may be invoked in respect of service persons alleged to have committed serious offences which warrant a sentence of dismissal or above. when ..... jurisdiction. (3) in the other writ petition (civil writno. 3768/94), the petitioner has sought the quashing of orders (annexure-p-24) invoking section 123 of the army act, in respect of the petitioner, till finalisation of the summary of evidence and disciplinary case pending against him and the order, which directs that the .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... wholly unnecessary for me to express any final opinion ?on the scope of sections 136 and 144, army act, as the case before us is really governed either by section 120, indian army act, or by section 145, army act. whatever we may say as regards section 136 or section 144 would be merely obiter dicta and not affect the ruling in hussain baksh ..... law to the effect of depriving the regular soldier of an important protection, by enacting that his pay should be liable to attachment, not only section 136, army act, but sections 144 and 145 would have been amended specifically and there would have been no doubt a specific amendment in the civil procedure code. it will be observed that ..... does include a warrant officer and a non-commissioned officer, and every person subject to military law during the time that he is so subject.21. army act, section 136, states:the pay of an officer or soldier of his majesty's regular forces shall be paid without any deduction other than the deductions authorized by .....

Major Gopinathan Vs. the State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382

..... no. 48 of 1950), hereinafter called 'the army act', offences have been categorised into four categories ..... army act offences, the liability of an offender committing them to be tried by a court-martial does not arise unless and until he is 'charged therewith' under the sections, i.e., unless and until formal charges contained in a charge-sheet have been drawn up.6. to appreciate the contentions a few more factsmay now be noted.under the scheme of the army act, 1950 (act ..... in an ordinary criminal court of a civil offence. in spite of the fact that the civil offence is deemed to be an army act offence under section 69 of the army act, if the contention of the learned counsel for the non-applicant be correct, it cannot be sent for trial to a court-martial .....