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Wing Commander Rajiv Arora Vs. Union and India (Uoi) and ors.

Court : Delhi

Subject : Constitution

Acts : Air Force Act, 1950 - Sections 109, 40, 45, 47, 48, 65, 110, 129, 152 and 161(1); Code of Criminal Procedure (CrPC) - Sections 491; Air-Force Rules, 1969 - Rules 24, 37, 37(3), 43, 43(4), 49, 50, 52, 53, 54, 59, 113, 154 and 156; Constitution of India - Article 226

Reported in : 2007(93)DRJ229

the said Court had assembled at Gandhinagar (Gujarat). With reference to the provisions of Section 152 of the Air Force Act, 1950, it is stated that no finding or sentence of a general, district or summary general court-martial shall be … in the circumstances of the case, leave the parties to bear their own costs. Air Force Act, 1950.Sections 109 & 110 - Constitution of India, 1950--Article 226--Judicial review of General Court Martial Proceedings- Scope of--Principles governing the

Union of India (Uoi) and anr. Vs. Corporal Sharma A.K.

Court : Guwahati

Subject : Criminal

Acts : Indian Air Force Act, 1950 - Sections 150, 161, 161(1) and 161(2); Indian Penal Code (IPC) - Sections 109 and 325; Constitution of India - Article 226; Air Force Rules, 1969 - Rules 24 and 59

in its support. It is stated that by virtue of the provisions of Section 161 of the Indian Air Force Act, 1950, hereinafter referred to as 'the Act, 1950', an appeal by way of representation was submitted by the petitioner … less to record his statement by way of evidence. 4. It is in admission that an offence under Section 109 IPC and an offence under Section 325 IPC were framed by virtue of the new charge against the

K. Shankar Vs. Flt. Lt. Saji Thomas and Others

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 109, 323, 352 and 355; Air Force Act, 1950 - Sections 4, 124 and 126; Code of Criminal Procedure (CrPC) , 1973 - Sections 472 and 475; Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 2 and 5

Reported in : 1999(2)ALD560; 1999(1)ALD(Cri)626; 1999(2)ALT286

charged with offences under Sections 323, 352, 355 and 109 of IPC, are the persons subject to the Air Force Act, 1950. And whereas I am the Commanding Officer in respect of the above accused persons, the competent authority as … persons attached to Air Force Station Begumpet, who have been brought before you and charged with offences under Sections 323, 352, 355 and 109 of IPC, are the persons subject to the Air Force Act, 1950. And

Union of India (Uoi) and ors. Vs. Maj. Virendrarai J. Kharod

Court : Gujarat

Subject : Criminal

Reported in : (1987)2GLR1020

such exclusion in Articles 32 and 226. In our opinion, the Courts-Martial set up under the Army Act, Air Force Act and Navy Act are the Tribunals which would be amenable to the writs of mandamus, prohibition and certiorari … impugned order, exercised judicial or quasi-judicial functions. This is also evident from the relevant provisions of the Army Act, 1950 and Rules framed thereunder. This Court, therefore, has power to issue a writ of certiorari to quash the … Forces. The General Court-Martial, which found the respondent guilty of the charges levelled against him was convened under Section 109 of the Army Act. The High Court, therefore, does not have power of superintendence over the Court-Martial under

Gundapuneedi Veeranna and ors. Vs. Gundapuneedi China Venkanna and ors ...

Court : Chennai

Subject : Constitution

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 109 and 110; Constitution of India - Articles 133, 133(1), 134, 135 and 374(2); Federal Court (Enlargement of Jurisdiction) Act, 1947 - Sections 3; Abolition of Privy Council Jurisdiction Act, 1949 - Sections 5

Reported in : AIR1953Mad878; (1953)IIMLJ317

(A), and to the decision of the Full Bench of this Court in -- 'Vasu-deva Samiar', In re, AIR 1929 Mad 381 (B), namely, that when a party institutes a suit he has a right of appeal … Act, called the Federal Court (Enlargement of Jurisdiction) Act, 1947, came into force on 1-2-1948. From that day an appeal Jay to the Federal Court … made an order under Clause (2) of Article 372 of the Constitution called the Adaptation of Laws Order, 1950. Section 3 of this Order runs thus:"As from the appointed day the existing Central Jaws mentioned in the schedules … 10000 and they would have had a right of appeal under Sections 109 and 110, Civil P. C., as they stood before the Constitution. The

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

Subject : Education

records were sought for by respondent No.8 purportedly in exercise of his powers under Section 108 of the Air Force Act, 1950, though he does not, according to the petitioner, have such an authority. The obtaining of the call records … Inquiry, no regulations, in exercise of powers under Section 190, could have been framed by the Central Government. 109. Considering, however, the fact that at the time, when appropriate rules, providing for assembly and procedure of courts

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Article 32; Air Force Act, 1950 - Section 39(a),161(1),180(1),184; Code of Criminal Procedure (CPC) - Section 428; Army Act, 1950; Navy Act, 1957

employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer rigorous imprisonment for three months along with … manner, inquire regarding the absence of the person. The rest of the provision need not be adverted to.8. Section 109 deals with different kinds of court-martial and clause (b) of the said Section relates to district court-martial. Section

Samrendra Beura Vs. U.O.i. and ors.

Court : Supreme Court of India

Subject : Education

employee of Indian Air Force, who has been found guilty of the offence under Section 39(a) of The Air Force Act, 1950 (for brevity “the Act”) and has been awarded sentence to suffer rigorous imprisonment for three months along with … manner, inquire regarding the absence of the person. The rest of the provision need not be adverted to.8. Section 109 deals with different kinds of court-martial and clause (b) of the said Section relates to district court-martial. Section

Major General Inder Jit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 13, 24, 28(2), 30, 31, 33(7), 38, 67, 95, 180 and 184; Army Act, 1950 - Sections 52, 63, 71, 72, 73, 109, 117; Army Law

Reported in : JT1997(4)SC8; 1997(3)SCALE111; (1997)9SCC1

one's own use of any property belonging, inter alia, to the Government, or to any military, naval or air force mess, band or institution. Section 52(f) refers to doing any other thing with intent to defraud, or to … challenging the inquiry proceedings held against him and his trial by a General Court Martial under the Army Act, 1950. This writ petition has been dismissed by the impugned judgment and order of the High Court of Madhya … next contends that the convening of the General Court Martial in his case is not valid because under Section 109 of the Army Act a General Court Martial can be convened only by any officer who has been

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

defence taken by him and the six names are as follows:1. Gp Capt AK Behl, Plastic Surgeon at Air Force Command Hospital, Bangalore in 2002-2003.2. Wg Cdr T Roy, Plastic Surgeon at Air Force Command Hospital, Bangalore in … by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … to the Commanding Officer, O.T.A. On receipt of the case file, the first respondent, exercising his powers under Section 109 of the Army Act, by order dated 25.7.2004, convened a General Court Martial consisting of seven Army Officers