Judgment Search Results Home > Cases Phrase: army act 1950 section 72 alternative punishments awardable by court martial Court: jharkhand Page 1 of about 2 results (0.113 seconds)

Govind Choubey Vs. Unions of India (Uoi) Through the Chief of Army Sta ...

Court : Jharkhand

Reported in : [2008(3)JCR215(Jhr)]

..... be, may pass such orders thereon as it or he minks fit.13. at the same time duty is cast upon the summary court martial under section 162 of the army act, 1950 which speaks:162. transmission of proceedings of summary court-martial.--(i) the proceedings of every summary court-martial shall without delay be forwarded to the officer ..... and circumstances of the case, i find that section 164 of the army act, 1950 lays down remedy against order, finding or sentence of court martial which reads as under:164 remedy against order finding or sentence of court martial--(1) any ..... this court under article 226 of the indian constitution which was not maintainable on the face value as he had already availed the alternative remedy under section 164 (1) and (2) of the army act, 1950. in view of that, the writ petition was bereft of merit and accordingly, fit to be dismissed.12. having regard to the facts .....

Madhu Sudan Jha and Md. Nisar Alam Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(3)JCR463(Jhr)]

..... india and anr. v. charanjit s. gill and ors. : air2000sc3425 a similar question arose for consideration and their lordship observed:it is not disputed that section 191 of the army act empowers the cantral government to make rules for the purpose of carrying into affect the provisions of the ..... act and section 192 to make regulations for all or any of the provisions of the act other than those specified in section 191. all rules and regulations made under the act are required to be published in the official ..... (licences unification) order, 1984 (in short 'unification order')8. unification order, 1984 was made by the governor of bihar in exercise of powers conferred by section 3 of the essential commodities act, 1955 read with orders of the government of india, ministry of agriculture & irrigation. clause 2(i) defines the words 'licensing authority' which means an officer .....

Jaswant Pathak and ors. Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : [2007(2)JCR315(Jhr)]

..... 7.7.1993. during cross-examination this witness has not brought on record anything material which could support the defence version. the appellants during their examination under section 313, cr pc have not stated any specific defence rather denied everything,10. the main points raised by the learned counsel for the appellants is that even ..... though the appellant no. 3 (arun pathak) is said to be present he has not been attributed with any specific overt act. therefore, we find that the conviction of appellant arun pathak under section 302/149 of the ipc cannot be maintained. accordingly he is found not guilty and acquitted of the charges and he is ..... the appellants further pointed out that in such circumstances the hon'ble apex court has held maximum punishment under section 326 would be sufficient. it is also submitted that appellant arun pathak has not been attributed any overt act to his credit. therefore, his conviction is not maintainable. we have gone through the evidence available on .....

Sukhlal Singh Vs. State of Jharkhand

Court : Jharkhand

..... 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. .....

Brigadier Rakesh Sharma Vs. Union of India (Uoi) Represented by the Se ...

Court : Jharkhand

Reported in : 2009(57)BLJR950

..... the statutory complaint as well were not dealt with and considered by the competent authority. according to the provisions of section 27 of the army act, 1950 read with the procedures laid down in para 364 of the regulations for the army, revised edition, 1987, all the points raised in the complaint are to be duly considered.23. the petitioner has ..... has been indicated by the assessment of 12 very senior officers.14. the petitioner has, thus, alleged violation of the provisions of special army order 3/s/89, violation of section 27 of the army act as also malafide and non-application of mind by the reporting officer in not recommending the petitioner for promotion to the rank of major ..... of india and ors. v. lt. gen. rajinder singh kadyan and anr.], : (2001)10scc424 [amrik singh v. union of india and ors.] and air 1989 sc 1393 [sec. lt col. kd gupta v. union of india and ors.].19. i have heard the parties. the petitioner appeared in person and submitted, inter alia, that he joined the indian .....

Jayant Karnad Vs. Union of India (Uoi) Through Ministry of Defence and ...

Court : Jharkhand

Reported in : AIR2009Jhar144

..... be subject to de-requisition in terms of the provisions as contained in section 6(1-a)(a) of the requisitioning and acquisition act, 1952. therefore, under the said provision the land in question should have been released by 10th of march, 1985, but the army has retained its possession till date which is certainly in grossviolation of the ..... the property requisitioned under the defence of india act, 1939 would be encompassed within the provisions as contained in section 6(1-a)(a) of the act.6. in order to have a clear picture, one needs to have history of the legislations relating to requisition of property for the use of the army. during the war, the lands and buildings ..... were requisitioned under the defence of india act, 1939 and the rules made .....

State of Bihar (Now Jharkhand) Vs. Arun Kumar Saraff and Smt. Sukmini ...

Court : Jharkhand

Reported in : [2007(4)JCR148(Jhr)]

..... of the appellant could not be accepted firstly, because both the sale-deeds were executed more than one year prior to the date of the notification under section 4(1) of the act in respect of the lands acquired in this case and secondly, because the lands referred to in both the sale-deeds are identical and situated adjacent to ..... purpose of determining payable compensation, the court shall take into consideration primarily the market value of the land at the date of the publication of the notification under section 4(1) of the act and in addition to the market value of the land, the court shall award in every case the amount calculated at rate of 12% per annum of ..... has failed to determine the market value of the lands acquired with due regard to the existing condition of the land on the date of notification issued under section 4 of the act. fault has also been found in the impugned judgment on the ground that the learned court below has wrongly relied upon ext. 1/a for assessing the .....

Telco Workers Union Through Its General Secretary Chandrabhan Prasad V ...

Court : Jharkhand

..... of private members of the trade unions though, a complaint may become a source of information to the registrar, for forming an opinion for issuing show cause notice under section 10 of the act . in so far as, the subject matter in impugned order dated 16.06.2012 is concerned, the respondent no. 2 labour commissioner cum registrar trade unions, has ..... . in r.g. d'souza vs. poona employees union [civil appeal no. 10129 of 2010], the hon'ble supreme court has observed as under, 15. as per section 10 of the act, the certificate of registration of a trade union may be withdrawn or cancelled by the registrar of trade union either on application of a trade union inviting the attention ..... of a union, it is open to the registrar to hold an enquiry for the purpose of maintaining and up dating the register as required to be maintained under section 8 of the act. (ii) his decision in this regard shall neither confer any right on any person or group or persons nor divest any person or group of persons of .....

Niroop Mohanty and anr. and A.K. Choudhary Vs. State of Jharkhand and ...

Court : Jharkhand

Reported in : [2005(104)FLR729]; [2005(1)JCR37(Jhr)]; (2005)IILLJ207Jhar

..... in c/2 case no. 4101/2002, whereby and whereunder, the learned chief judicial magistrate, jamshedpur has taken cognizance of the offence punishable under section 22a of the minimum wages act, 1948 against the petitioners and one imamuddin khan. in cr mp no. 110/2004 the petitioners have challenged the order dated 19th december, 2002 ..... by learned chief judicial magistrate, jamshedpur, whereby and whereunder, cognizance has been taken against the petitioner and two others for the offence punishable under section 22a of the minimum wages act, 1948.3. in all the cases main plea taken by the petitioners is that the tisco is not the principal employer of the workmen. the ..... been alleged.6. it appears that a number of cases were preferred on similar ground against the petitioners, niroop mohanty and arun narayan singh under section 22a of the minimum wages act, 1948. in all those cases similar plea was taken. in cr mp no. 1383 of 2003 petitioners niroop mohanty and arun narayan sing challenged .....

The State of Bihar Vs. Suraj Nath Teli and ors.

Court : Jharkhand

Reported in : 2004(3)BLJR1669

..... course would be willing to buy in normal market conditions, prevailing in the locality, in which acquired lands are situated, is on the date of notification under section 4 of the act.22. it is paramount duty of the court of facts to subject the evidence to close scrutiny and objectively assess the evidence tendered by the parties. a ..... -jamira were on the northern side of road, whereas lands of village pochra were on the southern side. railway colony was situated at a distance of 500 yards and army camp was quite near to the lands in question. according to him, ramgarh cantonment area was an industrial area and was developing day by day.18. op. w. ..... 400-500 yards from the proposed telephone exchange building and there was a railway crossing in between. ramgarh cantonment railway station was at a distance of 1000 ft. and army regimental centre was at a distance of 2000-3500 ft. from the lands under acquisition.11. aw 3 another landholder stated that on proceeding from subhash chowk, ramgarh .....