Judgment Search Results Home > Cases Phrase: army act 1950 section 69 civil offences Court: allahabad Page 5 of about 1,494 results (0.134 seconds)

Mehar Chand Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2009(3)AWC2119

..... .5.1986 which is contained in annexure-2 to the writ petition and has been challenged through this writ petition. against the said finding/order petitioner filed appeal under section 164 of army act which was rejected in april, 1988. copy of the rejection order is annexure-4 to the writ petition and the same has also been challenged.3. one of ..... was found absent was in between 3.10 a.m. to 4.10 a.m. on 8.5.1986. petitioner was charged with the misconduct as described under section 36(d) of army act. a summary court martial was held in which petitioner was found guilty and sentenced to suffer rigorous imprisonment for six months in civil prison and he was also dismissed ..... .i. in civil prison. military force is highly disciplined force. guard duty and that also of the arms and ammunition is one of the most important functions of the army. absolutely, no laxity during performance of such duty can be tolerated or condoned.accordingly, there is no merit in the writ petition hence it is dismissed. .....

Janpad Diwani Evam Faujdari Bar Association, Gautam Budh Nagar, U.P. t ...

Court : Allahabad

..... person who is not on its roll, may not get his vote. they shall accordingly, send their names to the registrar appointed under the societies registration act as provided under section 3 of the act at least before 3 months from the date of election. 32. at this stage, we would also like to bring on record that after arguments ..... if one fourth of the members of the society, approach for the said purpose. the bar council of u.p. is constituted under section 3 of the advocates act 1961. under section 6 of the said act, functions of the state bar council have been provided but no where the bar council has been conferred of any power or authority to interfere ..... in its meeting and for holding that the election officer, president and secretary of that association would be liable to be "tried for any other misconduct" under section 35 of the advocates act 1961 if election is in violation of its various provisions . 11. it is urged that in the last few months there have been several complaints from .....

Lakhan Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(3)ESC2085

..... giving false declaration that he was not implicated in criminal case constitute a culpable offence under the army act. admittedly, petitioner filled up application form for the post of constable in indian army in december, 1994 and thereafter he was implicated in criminal case on 17.3.1995 (paragraph 9 of the writ petition ..... . the sessions court found that there were allegations of beating the injured complainants and a case crime no. 122-a of 1995 was registered on 17.3.1995 under section 147, 148, 307, 323, 149, ipc. the witnesses namely pw 1 sukhvir singh, pw 2 man vendra pal singh, pw 3 omveer singh and pw 4 ..... verification of character which is mandatory for retention in service. the recruit was dismissed from service on the direction of hq atnkk & g area, by the commandant under army rule 13(3) item (iv), being unlikely to become an efficient soldier'. since implicated in a criminal case.it is further submitted that petitioner had enrolled himself by .....

Ex-naik Upendra Kumar Tomar Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(1)ESC797

..... court/sigs 4(b)/1948-a/d (gs iv)government of india,ministry of defence,new delhi.dated the 4th august, 1993sub : statutory complaint under section 26 army act against arbitrary discharge from army 14232034/ex nk upendra kumar tomar.i am directed to refer to statutory complaint made by you on 10.7.1992 received through letter dated 13th may ..... of a representation not contemplated by way of statute, but the case in hand the court is concerned that the disposal of the statutory complaint provided under section 27 of the act. even otherwise in s.k. mukherjee's case, it has been pointed out that the administrative authority is not at liberty to pass orders without there ..... order of discharge the petitioner has submitted a statutory complaint, which has been filed as annexure-11 to the writ petition. the said statutory complaint under section 26 of the act has been dismissed by the order of the ministry of defence dated 4.8.1993. the petitioner submits that in view of the well settled principles of .....

Nagendra Kumar Tripathi Vs. Chief of Army Staff and ors.

Court : Allahabad

Reported in : 2004(1)AWC842

..... the respondents also enclosed a photocopy of the request application of the petitioner.3. against the premature discharge of the petitioner from the army he has preferred a statutory complaint under section 26 of the army act, 1950. if has been alleged by the petitioner that said statutory complaint has not been decided so far.4. in the circumstances, the ..... such inquiry as may be considered necessary and a very detailed note resulting from such inquiry with the relevant legal provisions referred is given to the chief of army staff, often with suggestions and options. the c.o.a.s. examines the same and personally under his own signatures passes orders which generally do not ..... directed to decide the statutory complaint by a reasoned order. the prayer cannot be granted for the following reason.6. in the office of the chief of the army staff these statutory complaints have a specialised procedure for being dealt with. there is a body known as 'complaint advisory board' (c.a.b. for short) .....

N.F. Chand Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : 1987CriLJ637

..... person decides that it should be instituted before a eourt-martial, to direct that the accused person shall be detained in military custody.5. under section 126 of (the)army act, 1950 when a criminal court having jurisdiction is of an opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, ..... petitioner before this court and opposite party no. 2 is retired lt. general jagdishwar singh nakal. the petitioner is a person subject to (the) army act, 1950. there is no dispute about it. in section 3(b)(ii) 'civil offence' has been defined as an offence which is triable by a criminal court. as between these two parties mentioned ..... of session to stand their trial. against this order, the present petition under section 482, cr.p.c. has been filed.2. section 69 of (the)army act, 1950 clearly lays down that subject to the provisions of section 70 any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed .....

Sadanand Singh Vs. Chief of the Army Staff and ors.

Court : Allahabad

Reported in : 2004(2)AWC1362

..... prasad, son of sri sobhi sahu and sri suman kant bharti for their enrolment in the army, consequent upon which they were enrolled. on this fact coming to light, the petitioner was tried for the offence under section 63 of the army act, 1950 by a summary court-martial which held him guilty of the charge and besides reducing him to ..... not fall within those exceptions, hence no reason was required to be given. the legality of rule 121 of the army rules has elaborately been examined with reference to article 33 of the constitution of india under which the army act, 1950 has been enacted, in the case of s.n. mukherjee v. union of india : 1990crilj2148a , wherein it has ..... martial, nor the appellate authority has given any reason in support of its order, hence the impugned orders suffer from manifest error of law. rule 121 of the army rules, 1954 itself provides that the finding on every charge upon which the accused is arraigned shall be recorded, and except as mentioned in these rules, such .....

Lt. Co. V.S. Chhanker (ic-38789 P) Vs. Union of India (Uoi) and ors.

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 .....

Reptakos Brett and Co. Vs. Labour Court (Vth), U.P., Kanpur and Anothe ...

Court : Allahabad

Reported in : 1998(4)AWC573; [1999(81)FLR222]

..... 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 ; or (ii) who is employed in the police service or as an officer or other employee of a prison ; or (iii ..... without jurisdiction. in order to appreciate this argument of the learned counsel, it may be necessary to have a glance on the relevant definition and provisions of the act. section 2 (k) defines industry as follows :'(k) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment ..... or retrenchment compensation. according to his case the impugned termination order of the petitioner was illegal, arbitrary and violative of the provisions of section 6n, section 6p and section 6q of the act. it was further pleaded that the management did not follow the principle of 'first come last go' and he was afforded no .....

Vinesh Kumar Mehta S/O Shiv NaraIn Mehta Vs. Presiding Officer Labour ...

Court : Allahabad

Reported in : 2005(1)ESC680; [2005(104)FLR338]

..... whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person.(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison; or( ..... or unskilled, manual, supervisory, technical work for higher or reward and as it has not been established that the appellant herein performed any of the jobs enumerated in section 2(s) of the act, he is not a workman.' case of mukesh k. tripathi (supra) is a three judge recent decision, in paragraphs 35 and 36, it has been ..... this court by filing a writ petition, which was dismissed vide order dated 7.9.92 by this court. thereafter sri. mehta preferred an application under section 33c(2) of the industrial disputes act, 1947 before the labour court which has been registered as misc. case no. 124/93 claiming certain amounts alleged to be due to him, which .....