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Union of India and ors. Vs. Harjeet Singh Sandhu Etc.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19, 34 to 68, 45, 69, 70, 71, 74, 101, 109, 117, 121, 122, 123, 125, 127, 153, 158, 160, 164, 165 and 191; Army Rules, 1954 - Rules 14 and 71; Constitution of India - Artilce 33, 310 and 311

Reported in : AIR2001SC1772; JT2001(4)SC597; 2001LabIC1707; 2001(3)SCALE336; (2001)5SCC593; [2001]2SCR1127; 2001(2)SCT1018(SC); 2002(1)SLJ1(SC); (2001)2UPLBEC1397

result whereof Bhagwan Das died. A General Court martial (GCM, for short) was convened under Section 109 of Army Act, 1950 which tried the respondent and the other officers. On 26.12.1978 the GCM awarded the sentence of forfeiture of … provision needing to be interpreted.18. Section 19, with which we are concerned, is to be found placed in Chapter IV of the Act entitled 'Conditions of Service'. Chapter VI deals with offences. Sections 34 to 68, finding … four charges referable to certain incidents which had taken place on November 6 and 7, 1975. On March 13, 1976 the court martial announced its

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, 'Alternative Modes and Forums for Dispute Resolution,' deals with the … by Bhagwati, J. in Minerva Mill's case (of : 1980 (3) SCC 625) : (at p. 1820 of AIR 1980 SC 178), and is not

Major E.G. Barsay Vs. the State

Court : Mumbai

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … 'offence' means any act or omission punishable under the Act and includes a civil offence as hereinbefore defined. Chapter VI of the Army Act gives a list of offences and, according to Mr. Purshottam, Sections 34 to … Mr. Bhasme, who was appointed on behalf of accused Nos. 5 and 6, who challenged the legality of the entire charge in respect of his

Balwant Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

Subject : Land Acquisition

No. SROs 329 and 330 dated 23rd September, 1960 making Section 21 of the Army Act 1950 and Chapter IV of the Army Rules 1954 applicable to General Reserve Engineering Force. Therefore, the personnel of GREF are … on the ground of lack of territorial jurisdiction in the matter. The GREF personnel are governed by the Army Act 1950 and as such the petitioner is entitled to get the disability pension from the respondents. Hence the present … Viswan and others Vs Union of India and others, AIR 1983 SC 658. Therefore, the aforesaid judgment of the Apex Court is the key to

Vidya Parkash Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 39, 71, 108 and 116; ;Constitution of India - Articles 14 and 21; Army Rules, 1954 - Rule 39(2)

Reported in : AIR1988SC705; JT1988(1)SC284; 1989LabIC1205; 1988(1)SCALE313; (1988)2SCC459; [1988]2SCR953; 1988(1)LC588(SC)

to the provisions of the Army Act, 1950, the first submission made on behalf of the appellant fails.14. Chapter 6 of the Army Act specifies the offences and also the punishments for such offences. Section 39(a) specifies that … Martial and Army Rule 39(2) does not apply to Summary Court Martial constituted under Section 116 of the Army Act, 1950. It has been further stated that a summary Court Martial may be held by a Commanding Officer of

Union of India (Uoi) Through Its Secretary, Ministry of Defense, Vs. E ...

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 20(3), 20(7), 65 and 71; Air Force Rules, 1969 - Rules 18, 18(1), 24, 24(4) and 36; Army Act, 1950 - Sections 19 and 45; Army Rules, 1954 - Rules 14, 14(2), 14(3) and 14(4)

Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)

who behaves in a manner unbecoming his position can be removed from service under Section 19 of the Army Act, 1950, read with Rule 14 of the Army Rules, 1954 without being tried by a Court Martial under Section … a person subject to the Act having committed a misconduct amounting to an offence within the meaning of Chapter VI should ordinarily be subjected to trial by a Court Martial. And if that has been done, then … intention to outrage her modesty. The respondent was also charged under Section 65 of the Air Force Act, 1950, for having committed an act prejudicial

Major G.S. Sodhi Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 32 and 33; Code of Criminal Procedure (CrPC) ; Army Act, 1950 - Sections 109, 154 to 156, 164(1), 191, 192 and 193; Army Rules, 1954 - Rules 22 to 25, 28 to 32, 62, 65, 77(1), 95 to 101 and 191 to 193; Evidence Act, 1872; Army Regulations, 1987

Reported in : AIR1991SC1617; 1991CriLJ1947; [1992(65)FLR484]; JT1991(5)SC55; (1991)2SCC382

relevant provisions of the Army Act and the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and the corresponding sections are from 34 … the Rules. The Army Act came into force in the year 1950. Chapters VI and VII deal with the offences and punishment's respectively and the … submissions it becomes necessary to state few more facts and then refer to the relevant provisions of the Army Act and Rules.5. The petitioner became a Commissioned Officer of the Army on 30th April, 1972. On 30th April, … provision is also made for the participation of the Judge-Advocate and Rule 61 lays down that the Court shall deliberate upon its findings in a

N.K.C.D. Patel Vs. Secretary, Ministry of Defence and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Army Act, 1950 - Sections 71 and 125; Code of Criminal Procedure (CrPC) - Sections 475 and 549; Defence Service Regulations - Regulation 448; Army Regulations; Indian Military Law; Constitution of India - Articles 14, 21, 33 and 226

Reported in : 2003(2)ALT199

Writ Petition is filed seeking a declaration that the provisions of Section 71(a), (b) and (c) of The Army Act, 1950 are unconstitutional and ultra vires.2. The facts in brief are that the petitioner while working as a Nayak, … or excess of jurisdiction by wrong application of law as well.4. The further contention is that as per Chapter VI of Civil Offences, in Manual of Indian Military Law, the petitioner should have been tried only by … duties. The duties of the Cantonment Board are laid down in Section 62 and amongst others, clause (xiv) lays down the duties of establishing and

Union of India (Uoi) and ors. Vs. L.D. Balam Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 33, 226 and 227; Army Act, 1950 - Sections 69, 70 and 109; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 36A(1), 41, 42, 42(1), 41(2), 42(2), 43, 50 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 100; Code of Criminal Procedure (CrPC) (Amendment) Act, 1974; Army Rules

Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)

refer to the relevant provisions of the Army Act and the Rules framed thereunder. Chapter VI of the Army Act, 1950 stands ascribed to the offences and Section 69 therein deals with the civil offences, which reads as below … a contraband was kept with the Police.7. The summary of evidence was ordered by the Commanding Officer of 64 Cavalry and on the basis of directions from the Bridge Commander, the petitioner was put to trial by

Kasmir Singh Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 179; ;Transfer of Prisoners Act, 1950 - Sections 3(2); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 432, 432(7), 433 and 433(6); ;Constitution of India - Articles 14, 19, 21, 72 and 161

Reported in : 1990CriLJ1417

a return was filed in the connected writ petition No. 1511 of 1989. It was staed that the Army Act, 1950, contained elaborate provisions with regard to grant of pardon, remission etc. and detailed instructions had been laid down … Section 428 of the Code. Lastly, it was argued that the subject of remission was dealt with in Chapter XX of the Punjab Jail Manual without making any specific exception in the case of persons convicted under … J.1. This order will dispose of 16 Criminal Writ Petitions Nos. 1547, 683, 791, 1510, 1511, 1512, 1548, 1644, 1659, 1663, 2156, 2221, 2223, 2224,