Court : Delhi
Reported in : 150(2008)DLT151; 2009(3)SLJ249(Delhi)
..... have to be considered. it may be noticed that army personnel are governed by the army act, 1950 (hereinafter to be referred to as, 'the said act'). the army rules, 1954 have been enacted in pursuance to the powers conferred under section 191 of the said act. a number of non-statutory administrative instructions / orders ..... have been issued by the government / service headquarters in respect of the service conditions of the personnel of the defense forces including in respect of pensions. the matters pertaining to pensions have been consolidated in the form of the said regulations, which is a compendium of such orders and instructions.6. section ..... actual and legitimate. note. - the term 'father' and 'mother' (or 'parents') used in the above or any other rule in this sub-section shall also be deemed to include such putative parents (or surviving parent as the case may be) as had not contracted a lawful marriage, but were .....
Tag this Judgment!Court : Delhi
Reported in : 2001CriLJ1293
..... show if there was any non-compliance with the rules 22, 23 and 24. thus, there was no flagrant violation of any procedure or provision of the army act/rules causing any prejudice to the petitioner. it is also relevant to mention that a court of enquiry is primarily a fact finding body which is required to ..... life passed against him by the ourt-martial. 2. briefly stated, the facts giving rise to this petition are that a general court-martial under the army act (for short 'the act') was convened to try the petitioner for having committed murder of the deceased b.n. tripathy on 30th may 1992. after conclusion of the court-martial ..... orders dated 26th may, 1993. the sentences passed against the petitioner was confirmed by the confirming authority as required under the act. the petitioner filed a petition under section 179 of the act before the chief of the army staff against his conviction and sentence and the same was dismissed vide orders dated 28th november, 1994. 3. the petitioner has .....
Tag this Judgment!Court : Delhi
Reported in : 2007(94)DRJ631
..... taken, judgment is pronounced, it is a settled principle of law that the land vests in the government free of all encumbrances as contemplated under section 16 of the act. the applicant specifically even admits in this application that there was 'unexplainable delay and laches in taking possession of the land ...' which clearly indicate ..... however, can not substitute the opinion of the invalidating board contemplated under rules. an army order in the present facts and circumstances will not change and can not change the requirement of army rules framed under powers conferred under the army act, 1954. considering it under any perspective, it is inevitable to infer that the petitioner ..... the competent authority, the sub rule merely enjoins upon the commanding officer the responsibility to implement such a decision of the central government/the chief of army staff. the petitioner was of a low medical category personnel and was discharged under sub rule (2a) of rule 13 on the decision of the .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(2)KarLJ468
..... not even get the disability pension. petitioner has been fighting a losing battle for getting what is known as disability pension.3. under the army act, 1950, the army rules, 1964 and pension regulations for army, 1961, a person who is invalidated from service is also entitled to get what is known as disability pension, if at the time ..... 20% by the medical board and if the disability is attributable to military service over and above the regular pension.4. regulation 173 of the pension regulations for army, 1961 (for short, 'the regulations'), which is relevant for the purpose, reads as under:173. unless otherwise specifically provided a disability pension may be granted to ..... petitioner cannot seek to challenge the opinion of the board etc.14. the case of dhir singh china, was one where a person who had retired from army service on superannuation at and the time of retirement had. been assessed to certain extent of disability and therefore sought for disability pension over and above the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC763; JT1992(1)SC101; 1992LabIC643; 1992(1)SCALE8; 1992Supp(1)SCC561; [1991]Supp3SCR498; 1992(1)LC341(SC)
..... retirement placing reliance on the subsequent letter of instructions dated 9th september, 1986. the appellant also attempted to invoke certain regulations stated to have been framed under section 192 of the army act, 1950 as contained in the army instructions book (1987 edition). the high court, after a critical examination of the various submissions made before it, came to the conclusion that the appellant was ..... of lieutenant general. the terms and conditions of his service were governed by the army act, 1950 (hereinafter called 'the act') and the rules made thereunder. section 191 of the act empowers the central government to make rules for the purpose of carrying into effect the provisions of the act. sub-section (2) of section 191 enumerates the various matters in respect of which rules may be framed by .....
Tag this Judgment!Court : Patna
..... the petitioner has prayed for quashing the order dated 11.1.94 as contained in annexure 7 by reason of which statutory complaint of the petitioner under section 27 of the army act, 1950 has been rejected. a prayer has also been made to direct the respondents to re-consider the case of the petitioner for promotion.2. that ..... facts of the case lies in a narrow compass : the petitioner joined as second lieutenant in the corps of signals in the year, 1963 and got commission in the army service ..... remarks of the person considered for promotion. their lordships were also satisfied on perusal of the relevant records of adverse remarks made by the chief of the army staff against the appellant which were based upon consistent report of the court of enquiry regarding the responsibility and the role played by the appellant in professing some .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)3UPLBEC2723
..... . we are in agreement with the aforesaid division bench decision. it is only in very rare cases that this court will interfere in army matters. under the army act, rules and regulations there is a detailed procedure about giving adverse entry and making representation/complaint against it, and the petitioner can avail of the same. it is not for ..... this court to consider whether the drop in performance given to the petitioner was justified or not as that is the task or the appropriate army authority. moreover, there .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ127
..... was held on 7-7-1998. all the petitioners were convicted by the summary general court martial. petitioner/ accused dharam singh was convicted under sections 325/34 rpc amd section 69 of the army act, 1950 and sentenced to undergo three years rigorous imprisonment and dismissal from service. accused/ petitioner c.l. narayan was convicted to undergo three years ..... kohli, j.1. petitioners in all the above petitions are aggrieved of their conviction by the summary general court martial for committing civil offences under section 69 of the army act, read with section 325/34 of the ranbir penal code for causing grievous hurt to capt aseem kapoor of 60 field regiment on 8th nov 1997. all the ..... petitioners were serving at 92 base army hospital in srinagar at the time of the alleged commission of offence. petitioners in owp no. 783/2000, owp .....
Tag this Judgment!Court : Delhi
Reported in : 2002VIAD(Delhi)250; 97(2002)DLT297; 2002(62)DRJ293; [2002(94)FLR1053]; (2002)IILLJ716Del
..... supreme court in union of india and others v. major general madan lal yadav, : [1996]3scr785 where the expression 'trial commences' in the context of army act and the army rules were considered. it was held that trial commences the moment the gcm assembles for proceedings with the trial. the supreme court while considering the provisions of the ..... in terms of the code. this was in the context of the army act. however, in the subsequent judgments of the supreme court in common cause case (supra) it has been noted that a trial should be treated to have commenced when charges are framed under section 228 of the code. this is also the view of the madras ..... magistrates when cases are instituted otherwise than one on police reports such trials shall be treated to have commenced when charges are framed against the concerned accused under section 246 of the code of criminal procedure, 1973.(iii) in cases of trials of summons cases by magistrates the trials would be considered to have commenced when .....
Tag this Judgment!Court : Delhi
Reported in : 119(2005)DLT715; 2005(79)DRJ492
order andsection 63 military disciplinein that he, at new delhi, on 05 nov 2000, while holding the appointment of deputy director general, procurement and progressing organisation in master general of ordnance branch, army headquarters, improperly met shri samuel mathew, a representatives of m/s west end international, a non existent foreign firm, without verifying his antecedents and the products intended to be introduced in the army by the said firm.fourth chargearmy act an ommission prejucial to good
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