Advanced Search Results

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21

Reported in : 2003CriLJ3999

permission to meet the detenu, but he was not allowed to see him. Under Section 101(1) of the Army Act, 1950 ('the Act' for brevity) it is the duty of the officer taking a person into military custody to

Ram Murti Wadhwa Vs. Union of India Etc.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 101; Army Rules, 1954 - Rule 95(1); Constitution of India - Article 226

Reported in : ILR1976Delhi691

concerned. (62) For these reasons we would dismiss the appeal but make no order as to costs. (i) Army Act (1950) - Sections 101, 102 & 191--Court of Inquiry--who could order-whether the Commandant or the Colonel in charge (Admn.)--accused … step towards bringing an offender to justice under the military code is to order his arrest or confinement. (Section 101 of the Act). Military custody may mean open or close arrest at the discretion of the superior officer.

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 … shall be sentenced to be cashiered. Other provisions in this chapter are not relevant of our purpose.20. Under Section 101, any person subject to this Act, who is charged with an offence, may be taken into military custody.

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … that the provision for detaining the officer accused of offences in military custody under Section 125 read with Section 101 while he is being tried before a Court Martial without any provision for bail is also discriminatory as

Major Anurag Pathak Vs. Union of India (Uoi)

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 52, 57 and 71; Army Rules - Rule 149; Evidence Act - Sections 45; Defence Service Regulations; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC)

Reported in : 2007(3)ALLMR228

against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first and the fifth charge i.e. under Sections 52(f) … 1998 a Court Martial was ordered against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first

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, … paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77. To express our opinion on the issue … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the

Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from service … Act and 'includes a civil offence as hereinbefore defined'. Chapter IX deals with 'arrest and proceedings before trial'. Section 101 enables custody of offenders. Under Sub-section (1) thereof, any person subject to the Act who is charged with

Sapna Tyagi Vs. Secretary (Defence) and ors

Court : Delhi

Subject : Criminal

4 of the Code of criminal Procedure. Counsel for the petitioner submits that under Section 101 of the Army Act 1950, for any offence, it is the duty of the Army to take the offender into the military custody

Haider Ali (Md.) Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

is hardly necessary to say that the Army authorities must act in conformity with the provisions of the Army Act, 1950 and the Army Rules, 1954 including administrative instruction issued, if any, in this regard.11. In the view that … preceeded with. It was further contended that the petitioner's husband has been justly kept in military custody under Section 101 of the Army Act considering the seriousness of the charges and in view of violent conduct and also

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 … 191(2)(d) of the Army Act. Before, however, I refer to these rules, reference may be usefully made to Section 101 of the Army Act, under which any person subject to the Act who is charged with an offence