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Home Bare Acts Phrase: trial by record Year: 2007 Page 1 of about 162 results (0.016 seconds)Sign-up to get more results
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Start Free TrialSashastra Seema Bal Act 2007 Chapter VIII
Title: Procedure of Force Courts
State: Central
Year: 2007
.....and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the commanding officer or by the officers whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any office of the Force purporting to be certified to be true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person, subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the unit to which such person belongs or is attached, as the case may be and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed shall be evidence of the matters so stated. (6).....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 120
Title: Trial of Person Not Complying with Conditions of Pardon
State: Central
Year: 2007
(1) Where, in regard to a person who has accepted a tender of pardon made under section 119, the Judge Attorney, or as the case may be, the Deputy Judge Attorney-General, or the Additional Judge Attorney-General, or the officer approved under section 95, certifies that in his opinion such person has either by wilfully concealing anything essential or by giving false evidence, not complied with the conditions on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused. (2) Any statement made by such person accepting the tender of pardon and recorded by his commanding officer or Force Court may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 110
Title: Evidence of Previous Convictions and General Character
State: Central
Year: 2007
(1) When any person subject to this Act has been convicted by a Force Court of any offence, such Force Court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a Force Court or by a criminal court, or any previous award of punishment under section 56 or section 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Force Courts or other official record; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a Summary Force Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 116
Title: Order for Custody and Disposal of Property Pending Trial
State: Central
Year: 2007
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Force Court during a trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Chapter VI
Title: Arrest and Proceedings Before Trial
State: Central
Year: 2007
.....of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or accessories; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commanding officer of the unit to which the person belongs or is attached, shall make a record thereof in the prescribed manner. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Section 75 - Force police officers (1) The Director-General or any prescribed officer may appoint persons (in this Act referred to as Force Police) for discharging the functions specified in sub-sections (2) and (3). (2) The duties of a person appointed under sub-section (1) are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to the Force. (3) Notwithstanding anything contained in section 69, a person appointed under subsection (1) may, at any time, arrest and detain.....
View Complete Act List Judgments citing this sectionArmed Forces Tribunal Act 2007 Section 16
Title: Re-trial
State: Central
Year: 2007
.....received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be made: Provided that an appellant shall not be retried under this section for an offence other than-- (a) the offence for which he was convicted by the original court martial and in respect of which his appeal is allowed; (b) any offence for which he could have been convicted at the original court martial on a charge of the first-mentioned offence; (c) any offence charged in the alternative in respect of which the courtmartial recorded no finding in consequence of convicting him of the first-mentioned offence. (3) A person who is to be retried under this section for an offence shall, if the Tribunal or the Supreme Court so directs, whether or not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision of the Army Act, 1950(46 of 1950) or the Navy Act, 1957(62 of 1957) or the Air Force Act, 1950(45 of 1950), as the case may be, or rules and regulations made thereunder, in relation to the.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 88
Title: Period of Limitation for Trial
State: Central
Year: 2007
(1) Except as provided by sub-section (2), no trial by a Force Court of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 19. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 89
Title: Trial, Etc, of Offender Who Ceases to Be Subject to This Act
State: Central
Year: 2007
(1) Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Force custody and tried and punished for such offence as if he continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act. Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 19 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a Force Court.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 8
Title: Duties of Warehouseman to Keep Records and Account of Warehousebusiness
State: Central
Year: 2007
(1) Every warehouseman shall keep in a place of safety a complete and accurate set of records and accounts of all transactions pertaining to the operation of a warehouse including records and accounts of all goods received in the warehouse and withdrawn therefrom, of all unissued receipts in his possession, of all receipts issued, returned to, or cancelled, by him. (2) Subject to the provisions of sub-section (1), the warehouseman shall keep all the records and accounts of the warehouse business in numerical sequence separate and distinct from the records and accounts of any other business in such form and in such manner and for such period as the Authority may, by regulations, specify. (3) The warehouseman shall make available to the Authority for inspection the records and accounts of the warehouse business at any time as may be desired by the Authority.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 91
Title: Place of Trial, Etc.
State: Central
Year: 2007
(1) Any person subject to this Act who commits any offence under this Act may be tried and punished for such offence at any place, (2) The persons by whom an accused may be defended in a trial and appearance of such persons thereat may be as prescribed.
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