Judgment Search Results Home > Cases Phrase: army act 1950 section 54 making away with equipment Page 13 of about 8,963 results (0.404 seconds)

Jay Shiv Kushwaha Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2002(3)AWC1969; (2002)3UPLBEC2098

..... centre. hyderabad. when the petitioner re-joined on 12th november, 2001, after being absent for 53 days; 10 days rigorous imprisonment under section 39(a) of the army act, 1950 (hereinafter referred to as army act) was awarded to the petitioner. the petitioner was discharged from service with effect from 22nd march, 2001 under rule 13 (3) item ..... consideration in the present writ petition : (a) whether when a person has already been punished and awarded a sentence for an act which is an offence under section 39 of the army act, on same act can he be also discharged? (b) whether the principle of double jeopardy as enshrined under article 20(2) of the ..... the counsel for the petitioner made following submissions in support of the writ petition : (i) the petitioner was awarded 10 days rigorous imprisonment under section 39(a) of army act for his offence of being absent without leave. the subsequent discharge of the petitioner on same ground is impermissible and amounts to violation of protection .....

Naik P.Baskaran Versus Secretary to Govt. of India, Ministry of Defenc ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... in violation of the part i order no.124/955/93 dated 5th january 1993 of 24 wireless experimental unit. the applicant was, therefore, tried summarily under army act sec. 39(d) and awarded severe reprimand by commanding officer 24 wireless experimental unit on 8th june, 1993. the applicant had again become a disciplinary case on ..... reprimand and 14 days pay fine under army act sec 39(d)by commanding officer 24 wireless experimental unit. the applicant had subsequently been tried under :- (i) army act sec 39(a) on 10 feb 2000 and awarded severe reprimand; (ii) army act sec 39(a) on 30 april 2001 and awarded severe reprimand; and (iii) army act sec 63 on 17 may 2001 and awarded ..... lu peace the applicant has been awarded the following punishment during 14 years of service : sl. no. date of award army act section offence in general punishment awarded punished by a) 08.06.93 aa sec. without sufficient severe 24 weu 39(d) cause failing to appear at the time fixed, at the place appointed for duty .....

Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(1)ESC255

..... the petitioner and copy of that letter was also sent to the wife of the petitioner under section 105 of the army act, 1950. section 105 of the army act is quoted below :'105. capture of deserters--(1) whenever any person subject to this act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall ..... without leave for more than 30 days. thereafter, the petitioner was declared as a deserter vide order dated 20.6.1996. section 106 of the army act, 1950 deals with capture of deserters and inquiry into absence without leave. section 106 is quoted as below :'106. inquiry into absence without leave--(1) whenever any person subject to this ..... act has been absent from his duty without due authority for a period of thirty days a court of inquiry shall, as .....

No.143740509k Hav/Clk Surinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... . whereas gcm, dcm and sgcm are convened by the officers authorised in this regard as given in sections 109, 110 and 112 of the army act but scm is held by co as laid down in section 116 of the army act. section 116 of the army act is as under:- summary court-martial.- (1) a summary court-martial may be held by the of ..... tried by his proper co.there may be a need to elaborate this plea in the light of challenge. there are four kinds of court martial provided for under the army act. (section 108 refers).these are:- (a) general court martial (gcm for short) (b) district court martial (dcm for short) (c) summary general court martial (sgcm) (d) summary ..... examine and cross-examine the witnesses in this factual background, which could be denied to him. the petitioner was charge sheeted for an offence under section 57(e) of the army act. this section punishes a person who obtains for himself or any other person any pension, allowance or other advantage or privilege by a statement, which is false .....

S.R. Ujjankop Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR1949; 1994(3)KarLJ325

..... engineering force, the lok sahayak sena and the para military forces'.7. at annexure-b which was issued in exercise of the powers conferred under sub-section (1) & (4) of army act, 1950, which is an extract from the gazette of india reads as under:-(1) applies to the general reserve engineer force raised and maintained in india under ..... notification no. 6-e dated 28 nov.62 (army order 517/62- refers) that all persons subject to army act, shall wherever they may be serving, be deemed to be active service within the meaning of section 9 of the army act read in conjunction with clause (i) of army act section 3.2. since army act sections 3 and 9 are both applicable in the case ..... said that the members of gref answer the description of 'members of the armed forces' within the meaning of article 33 and consequently the application of section 21 of the army act to the members of gref can be said to be protected by that article and the fundamental rights of the members of gref can be said to .....

Ex Sep a Karunai Udaiyarajan Vs. Union of India, - Represented by the ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... during february, 2011, addressed to goc-in-c, southern command, and the said petition was returned to the applicant on 25.2.2011. since no petition was received under army act section-164(2) even after a period of one month, hq southern command, asked to process the case and accordingly the documents were forwarded to hq atnk and k area ..... after the rejection of the first petition, it was returned to the applicant through a letter of madras regimental centre dated 21.2.2012, since only one petition under army act section-164(2) could be filed. the applicant was granted 64 days annual leave from 6.8.2007 to 8.10.2007. the applicants case that he left home ..... on conviction, promulgation of verdict have not been followed by the summary court martial as slated in the statute (army act, 1950). he would also submit that the character of the applicant was exemplary and he was not able to rejoin army after the expiry of the leave granted to him owing to the reasons as stated in the application and .....

Charanjit Lamba Vs. Commanding Officer, Southern

Court : Supreme Court of India

..... only) from cda (q) pune on account of moving his household luggage and car to chandigarh, well knowing that he was legally not entitled to the same. second charge, army act section 45 being an officer behaving in a manner unbecoming his position and the character expected of him in that he, at pune, between 03 sep 92 and jun 93, improperly ..... against the appellant was also found to be untenable by goc m & g area as according to him the conduct of the appellant fell within the ambit of section 4e of the army act which made his behaviour unbecoming of an officer. the goc m & g area accordingly remanded the matter back to the gcm for re-consideration on the question ..... of inquiry brought up for trial before a general court martial (gcm for short) on the following two distinct charges:first charge army act section 52(f). such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to cause wrongful loss to a person in that he, at field on 30th jul 92, with intent to .....

State Vs. Ram Lakhan

Court : Jammu and Kashmir

Reported in : 1971CriLJ470

..... (1st edition) samvat. 1970, do not appear to be consistent with the army act, 1950 (act no. xlvi of 1950) and ceased in my opinion to be operative in the state with the passing of the act. this is also because of the fact that sections 41 and 42 of the jammu and kashmir army act no. xiv of 1939 do not appear to be pari materia with sees ..... . 69 and 70 of the army act no. xlvi of 1950. that apart the offences under ranbir penal code or offences under any other penal statute enacted by the state legislature not being civil offences as conceived by the act i. e. army act, 1950 .....

Gardihewa Sarath C. Fonseka Vs. Dhammika Kithulegoda and Others

Court : Sri Lanka Supreme Court

..... (1) of the evidence ordinance presumes a court martial to be a court and the rules of evidence applicable in a civil court also apply to courts martial (vide section 81 of the army act); 9. the confirming authoritys role of giving validity? to the conviction and sentence passed by the court martial, is a protective measure for the benefit of the accused ..... the last tribunal was an arbitrator to whom the dispute was referred by the commissioner of labour under section 3 (1) of the act. sansoni c.j. observed that the industrial disputes act no 43 of 1950, part iii provided for collective agreements, and settlements by conciliation and arbitration and part iv for the constitution industrial courts, from a panel appointed by the governor .....

ic 28598 Lt Col N.Ganganna Vs. Union of India Through the Secretary an ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... journey from shahdol to pipariya and back, well knowing the said information to be false . 3(c) charge no.4 against the applicant is under army act section 63 an act prejudicial to good order and military discipline, i.e., at shahdol, on 14th march 1992, when officer commanding 7 madhya pradesh (independent) company, national ..... the point for determination in this application/appeal against the gcm is whether the charges levelled against the accused under army act section 52(b) and 52(f) (two counts) and the charge under army act section 63 have been proved by the prosecution beyond any reasonable doubt to sustain the conviction and punishment of dismissal awarded ..... corps, shahdol, dishonestly misappropriated a sum of rs.6,975/-, the property belonging to the government . 3(a) charge no.2 against the applicant is under army act section 52(f), that is to say at shahdol, on 2nd november 1991, while being officer commanding, 7 madhya pradesh (independent) company, national cadet corps, with .....