Court : Supreme Court of India
Decided on : May-18-2018
..... the army act, 1950, the navy act, 1957 and the air force act, 1950. section 2 deals with the applicability of the act, which is to the following act:- 2. applicability of the act : (1) the provisions of this act shall apply to all 9 persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950. (2) this act shall also apply to retired personnel subject to the army act, 1950 or the navy act, 1957 ..... or the air force act, 1950, including their .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-10-2018
..... in the same manner the temple was included in the list of notified institutions under section 23 of the act.114. reliance could be placed on union of india vs. charanjit s.gill [(2000)5 scc742, wherein the hon ble supreme court while dealing with the army act, 1950 and court martial thereunder observed that notes had been issued by the authorities of the ..... - statute is sacrosanct and since the issue had to be dealt with utmost care and caution, without the issuance of a notification, question of a conviction under section 27(3) of the army act would not arise.115. reliance could also be placed on a decision of the hon ble supreme court in the case of subhash ramkumar bind alias vakil and ..... was hitherto not being included therein could not be said to have been included in the manner as it was sought to have been so done. section 27(3) of the army act prescribes a death penalty in the event the arm or weapon concerned stands out to be a prohibited arm, user of which results in a death, a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-03-2018
..... dated 20.11.2013, the central government allowed the statutory complaint preferred by the respondent and directed:- 8. now, therefore, the central government, under the powers conferred under section 165 of the army act, 1950 do hereby annul the proceedings of the general court martial findings and sentence dated 16th may, 2005 and confirmation order dated 21st october, 2005 being illegal and unjust and ..... and got commissioned as an officer and was posted as second lieutenant in the ordnance corps of the army. during his career, he received some commendations and appreciations. however, the respondent was summarily tried under section 83 of the army act, 1950 (hereinafter referred to as the act) by commander, 29 artillery brigade for the offence of absenting himself without leave for 03 days from 27 .....
Tag this Judgment!Court : Delhi
Decided on : Jan-05-2018
..... . mr. gautam narayan, ld. amicus curiae has carefully drawn our attention to the statutory provisions governing the indian army, air force and navy. we find that section 12 of the army act, 1950; section 12 of the air force act, 1950 as well as section 9 of the indian navy act, 1957 contain specific and express provisions excluding women from eligibility for enrolment. in this regard, it may be useful ..... to advert to these provisions of the statute which read thus : the army act, 1950 females ineligibility of 12. for enrolment or .....
Tag this Judgment!Court : Delhi
Decided on : May-25-2018
..... punishment of dismissal into discharge by the central government is not illegal and is within the powers of the central government. the petitioner had submitted a petition under section 164(2) of the army act 1950 against the findings and sentence awarded by the scm. the government of india after due consideration of the petition had directed that the punishment of dismissal awarded to ..... were supplied to the petitioner i.e on july 10, 1991. it is the case of the petitioner, on august 09, 1991, the petitioner submitted his petition under section 164(2) of the army act, 1950 against his w.p.(c) no.2511/1992 page 4 of 41 wrongful dismissal but no reply was received for the same. he accordingly, approached this court by .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-05-2018
..... evidence. substantive evidence is the evidence of identification in court because the facts which establish the identity of the accused persons are relevant under section 9 of the evidence act. this court further observed that failure to hold a test identification parade would not make inadmissible the evidence of identification in court. thus, ..... without this, it is not possible to impeach his credibility. such a law has been advanced in view of the statutory provisions enshrined in section 138 of the evidence act, 1872, which enable the opposite party to cross-examine a witness as regards information tendered in evidence by him during his initial 15 examination in ..... rigorous imprisonment for 7 years and also under section 27 of the arms act and sentenced to undergo rigorous imprisonment for three years with fine. all the sentences have been ordered to run concurrently. 2 2. the prosecution case instituted on the basis of the fardbeyan of army cadet nagendra kumar patel recorded on 07. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-08-2018
..... is evident from the record that the alleged recovery of narcotic drug from the respondents was in violation of the safeguards provided in section 50 of the ndps act as well as section 103 of the customs act and thus, the same cannot be used as evidence of proof of unlawful possession of the contraband against the respondents.26. the ..... page 12 of 22 crl.lp. 238/2017 illicit article suspect and vitiate in so far as the obligation of the authorised officer under sub-section (1) of section 50 of the ndps act is concerned, it is mandatory and requires a strict compliance. failure to comply with the provision would render the recovery of the the conviction ..... the ld. counsel for the respondents that the trial court has rightly acquitted the respondents after finding non-compliance of mandatory requirements under section 50 & 67 of the ndps act and section 103 of the customs act. he prayed that the leave petition to appeal may be declined.13. i have heard the learned counsel for the leave petitioner .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2018
..... also find that the counter affidavit does not disclose even a single incidence of initiation of action either for violation of section 140 of the ipc or section 6(1) of the official secrets act, 1923. at the same time, there is a clear admission in the communication from the ministry of home affairs as ..... areas affected by militancy. the use of service uniform by unauthorised personnel/civilians is also prohibited under section 140 of ipc and clause 6 of indian official secret act, 1923 and the offence is punishable under these acts. 19. the official respondent has further stated that the states have been requested that appropriate measures ..... also placed before this court the provisions of section 6(1) of the official secrets act, 1923 which also makes unauthorized use of naval/army/air force uniforms is a punishable offence. we extract hereunder the provisions of section 6(1) of the official secrets act, 1923 and reads thus: section 6 unauthorised use of uniforms, falsification of reports .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-09-2018
..... scheme formulated by different countries to achieve the object. the republic of singapore has passed 93 an enactment namely advance medical directive act (act 16 of 1996). section 3 of the act, sub section (1) empowers a person who is not mentally disordered and attained the age of 21 years to make an advance directive ..... the directive is contrary to law or to constitutional provisions186. 182 section 7, mental healthcare act, 2017 (india) 183 section 8(1), mental healthcare act, 2017 (india) 184 section 9, mental healthcare act, 2017 (india) 185 section 10, mental healthcare act, 2017 (india) 186 section 11(2), mental healthcare act, 2017 (india) 120 part j a duty has been cast to ..... ; and, it can specify the circumstances in which the refusal is to apply. 191 section 2, mental capacity act 2005 (uk) 192 section 4, mental healthcare act, 2017 (india) 193 section 24, mental capacity act, 2005 (uk) 194 a parent acting on behalf of his child cannot make such a declaration. 123 part j c) at .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-14-2018
..... he directs and execute an instrument (in case of registered mortgage) extinguishing the right of mortgagee. this right has been qualified, the proviso to section 60 of transfer of property act states that subsequent act of the parties or decree of a court extinguishes the right of redemption. 49 25. in the instant case, mortgage between the parties was ..... the appeals have to be allowed. in a suit for specific performance, refund of earnest money cannot be ordered unless it is specifically claimed according to section 22 of the specific relief act. in the case of hand, the plaintiff has not sought refund of rs.1,00,000/- that he paid to the decree 51 holder chandran ..... being not ready and willing to perform his part of contract, whether the suit for redemption filed by first defendant can be decreed?.24. section 60 of the transfer of property act confers a statutory right on the mortgagee to redeem the mortgaged property. it can be exercised by the mortgagor any time after the principal amount .....
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