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Union of India (Uoi) and ors. Vs. Ex. Sqn. Ldr. R. Sood

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 19, 37, 121 and 122(1); Air Force Rules, 1969 - Rules 14, 14(2), 14(7), 16, 16(2) and 17; Army Act - Sections 19 and 122; Indian Penal Code (IPC) - Sections 147, 149, 365 and 304; Code of Criminal Procedure (CrPC) - Sections 197(2); Constitution of India - Sections 311(2)

Reported in : 2008(102)DRJ52

the Armed Forces. The respondent was dismissed from service by the Central Government under Section 19 of the Air Force Act, 1950 read with Rule 16 of the Air Force Rules, 1969 by issuing an order dated 22nd September, 1993. … allegations of misconduct triable by Court Martial, the authorities cannot override the statutory bar of Sub-section (1) of Section 122 of the Act for no administrative act or fiat can discard, destroy or annul a statutory provision. The

Dilawar Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 70, 122(1), 125 and 125(2); ;Navy Act, 1957; ;Air Force Act, 1950; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 192, 213, 243, 244, 245, 247, 248, 254, 484(2), 549 and 549(1); ;Prevention of Corruption Act - Section 5(1) and 5(2); ;Indian Penal Code (IPC) - Sections 120B, 354, 452, 467, 471 and 506; ;Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3, 4, 5 and 6; ;Code of Criminal Procedure (CrPC) , 1973 - Section 475 and 475(1)

Reported in : 2002CriLJ531

this Code and the Army Act, 1950 (46 of 1950, the Navy Act, 1957 (62 of 1957), and Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time … order dated 4-9-2000 whereby a charge has been ordered to be framed against the petitioner and others under Sections 452, 354 and 506, I.P.C. and has been framed on the same day.2. The grievance of the petitioner … direct that the accused person shall be detained in military custody. Sections 122(1) and 125 both find place in Chapter X of the Army Act.

Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 122, 122(1), 122(3), 125 and 127; Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1952 - Rule 3

Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)

rule for our purpose is Rule 3. It requires that when a person subject to military, naval or air force law is brought before a Magistrate on accusation of an offence for which he is liable to be … this case the respondent is not 'liable to be tried' by a Court-martial.7. Section 122(1) of the Army Act, 1950, provides that no trial by court-martial of any person subject to the Army Act for any offence shall

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Subject : Criminal

Reported in : 1976CriLJ796

Rule 3 is relevant for our purpose. It requires that wihen a person subject to military, naval or air force law is brought before a Magistrate on accusation of an offence for which he is liable to be … the Army Act, 1950, were not complied with, Mr. Ghose argued that in view of the provision of Section 122 of the Army Act which provides for a period of limitation of three years, only the court martial … no manner of doubt that the offences alleged come within the purview of Section 52 of the Army Act, 1950. Therefore, such offences could be also tried by the court martial. It is only with regard to the

Ramtahel Ramanand and ors. Vs. Ahmedabad Manufacturing and Calico Prin ...

Court : Gujarat

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2

Reported in : (1968)IILLJ46Guj

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; (ii) who is employed in the police service or as an officer … any person otherwise than as the servant or agent of the owner, the owner of the undertaking.' 7. Section 122 of the Bombay Industrial Relations Act repeals the Bombay Industrial Disputes Act, 1938, and provides for the continuance

Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Usha ...

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 350 and 549(1); Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Criminal Law (Amendment) Act, 1952 - Sections 8(3-A) and 11-A; Army Act, 1950 - Sections 122

Reported in : AIR1986SC1655; 1986CriLJ1248; 1986(3)Crimes11(SC); 1986(1)SCALE931; 1986Supp(1)SCC190; [1986]3SCR113

Jurisdiction) Rules, 1952. Rule 3 of the said Rules requires that when person subject to military, Naval or Air Force law is brought before a Magistrate on accusation of an offence for which he is liable to be … Magistrates and not to a Judge presiding over a Special Court.(2) Having regard to the provision contained in Section 122 of the Army Act, 1950, which prescribes a period of limitation of three years, which period had already … who are charged with having committed offences which fall under the purview of Section 52 of the Army Act, 1950, Section 549(1) of Cr.P.C. provides that Central Government may make Rules consistent with Cr.P.C. and the Army Act. In

Lt. Col. U.G. Menon and anr. Vs. State of Rajasthan

Court : Rajasthan

Subject : CriminalService

Acts : Army Act, 1950 - Sections 122, 125 and 126; Code of Criminal Procedure (CrPC) , 1898 - Sections 549; Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 5, 6, 8 and 9

Reported in : AIR1969Raj115

the accused person is serving. Rule 3 lays down that where a person subject to military, nava or air force law is brought before a Magistrate and charged with an offence for which he is liable to be … Centre, Alwar. It was also pointed out by the Public Prosecutor that under Section 122 of the Army Act, 1950, the Limitation of three years prescribed for the trial by court-martial had expired with the close of the

N. Sivasubramanian Versus Government of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

General Court Martial could not be conducted since the same is barred under Section 122 of the Army Act, 1950. The delay would vitiate proceedings. The petitioner would place his reliance on the following dictums: i) AIR 1990 … was convened by the Chief Engineer Jaipur Zone and a Staff Court of Inquiry (C of I) by Air Force authorities were held in this case. It was followed by a Departmental Board of Officers under the Chief

Corporal S. Arun Vs. the Union of India, Represented by Its Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Kochi

Subject : Land Acquisition

the date of final verdict, whereby he was found guilty of three charges under Section 71 of the Air Force Act, 1950 for committing civil offences under Sections 304A, 338 and 279 of the Indian Penal Code and was accordingly … the Court summoned and examined Sri.Sasidharan Nair, the father of the accused under the Air Force Rules, Rule 122(4), as the Court Witness. According to this witness, on 28th July 2007 he was returning from the Air

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

Subject : Criminal

Central Government to make rules consistent with the CrPC and the Army Act, Navy Act 1957 and the Air Force Act 1950 and any other law relating to the Armed Forces of the Union, as regards the cases in which … back the clock at the stage of final arguments. The High Court has failed to consider that under Section 122 of Army Act, the period of limitation to commence a trial by court-martial is three years from the