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Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … No. 1 was alleged to has absented himself without leave on four occasions which was an offence under Section 39(1) of the Army Act. He was also charged under Section 63 of the Army Act for violation … their eligibility, disqualifications, duties, etc. Relying upon Note 2 attached to Rule 102, the learned Counsel has submitted that the disqualification for being a Judge-Advocate

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 21 and 226;; Army Rules, 1954 - Rules 39, 39(2), 40, 40 (1) and (2), 42, 42(2), 45, 46, 102, 103 and 105(8);; Army Act, 1950 - Sections 109, 113, 129 and 160(2)

Reported in : (1999)2CALLT300(HC)

all, we have to take into account the meaing of the 'Judge-Advocate'. It appears section 129 of the Army Act, 1950 provides for the same and which is as follows :'129. Judge Advocate--Every General Court-Martial shall, and every district … as a Judge-Advocate. Therefore, Court Martial held in presence of such Judge-Advocate became void ab initio.21. Under Rule 102 of the Army Rules, 1954 an officer who is disqualified for sitting on a Court Martial shall be

Directorate of Enforcement vs.abdullah Ali Balsharaf & Ors.

Court : Delhi

Subject : Land Acquisition

3 SCC340 dealing with applicability of section 428 of the CrPC to a General Court Martial under the Army Act 1950 (Army Act), the Supreme Court has held that since section 167 of the Army Act specifically says that … firstly holding that the DoE could not issue orders ‘freezing’ Demat accounts by resorting to the provisions of section 102 of the Code of Criminal Procedure, 1973 (‘CrPC’) ; and secondly rejecting the contention that assets acquired prior

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 34, 37, 40, 41(2), 52, 54, 56, 63, 64(I), 69, 108, 116, 120, 120(2), 120(3), 125, 132, 141, 191, 153, 192 and 239; Indian Army Act, 1911; Armed Forces Act, 2006; Army Rules, 1954 - Rules 39, 39(2), 40 and 102; Constitution of India - Articles 14 and 33; defense Services Regulations - Regulations 9, 381 and 448

Reported in : 147(2008)DLT202

or District Courts Martial (DCM) or Summary General Courts Martial (SGCM) as envisaged in Section 108 of the Army Act, 1950 (Army Act for short).2. In CWP 2511/1992 the Petitioner, Ex. L Nk Vishav Priya Singh, has alleged that … manifest upon a reading of these paragraphs:-22. Further relying upon Note 2 mentioned at the foot of Rule 102 providing, 'as to disqualification of Judge Advocate CAR 39(2)', the learned Additional Solicitor General submitted that the said

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 … military law is taken into military custody, the charge against him must be investigated with all convenient speed, (section 102). (7) The first investigation is usually carried out by the company commander who formulates, in the light of

R. Viswan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Central Civil Services (Classification, Control and Appeal) Rules, 1965; Army Act, 1950 - Sections 4, 4(1), 4(4), 21 and 63; Army Rules, 1954 - Rules 19 to 21

Reported in : AIR1983SC658; 1983(2)Crimes392(SC); (1983)IILLJ157SC; 1983(1)SCALE497; (1983)3SCC401; [1983]3SCR60

Government of India has also in exercise of the power of conferred by Section 21, Sub-section (4) of Section 102 and Section 191 of the Army Act 1950 issued another Notification bearing SRO 330 on the same day, … relating to the interpretation of Article 33 of the Constitution. The question is whether Section 21 of the Army Act 1950 read with Chapter IV of the Army Rules 1954 is within the scope and ambit of Article 33

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Subject : Service

Acts : Air Force Act, 1950 - Sections 2, 7, 41, 41(2), 65, 111 and 125; Constitution of India - Articles 14, 19, 19(1), 19(4), 21, 22 and 33; Army Act; Air Force Rules, 1969 - Rules 88, 89, 100, 102, 110, 111 and 125; Code of Criminal Procedure (CrPC)

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

Naval, Military and Air Forces; any other Armed Forces of the Union, would enable Parliament to enact the Army Act and armed with this power the Act was enacted in July 1950. It has to be enacted by … prejudicial to the good order and Air Force discipline. Accordingly the respondent was charged of offences punishable under Sections 41(2) and 65 of the Air Force Act, 1950 (hereinafter referred to as 'the Act'). According to the … was not proper and legal.9. The learned Judge further observed that Rule 102 which provided for an accused being represented by a defending officer or

Baburao Vs. Manikrao and anr.

Court : Supreme Court of India

Subject : Election

Acts : Representation of the People Act, 1950 - Sections 14 to 25; Representation of the People Act, 1951 - Sections 2(1), 5, 33(5), 36 and 100; Constitution of India - Articles 84, 102, 173, 191 and 371A, ; Army Act, 1950; Government of Union Territories Act, 1963 - Sections 4 and 14

Reported in : AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)

armed forces of the Union; or(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950) have been made applicable whether with or without modifications; or(c) being a member of an … was also contended by the appellant that the first respondent was not 'ordinarily resident' within the meaning of Section 20 of the Representation of the People Act, 1950 (hereinafter called the '1950 Act') in Nilanga Constituency and, … under any of the following provisions that may be applicable, namely:--Articles 84, 102, 173 and 191.Part II of this Act, and Sections 4 and 14

Cpl. Gokul Ram Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Criminal

Reported in : 1983CriLJ1223

first take up the argument relating.to the vires of. Section 124 of the Act. Section 125 of the Army Act (No XLVI of 1950 is in pari materia with Section 124 of the Act. A contention was raked … is likely to be tried by the G.C.M. is bad, for the provisions of Section 124 read with Section 102 of the Act make it abundantly clear that the order under Section 124 of the Act must be

Major Gopinathan Vs. the State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 549 and 549(1); Army Act, 1950 - Sections 69, 125 and 126; Army Rules - Rules 4 and 5

Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382

been drawn up.6. To appreciate the contentions a few more factsmay now be noted.Under the scheme of the Army Act, 1950 (Act No. 48 of 1950), hereinafter called 'the Army Act', offences have been categorised into four categories;(1) Offences … committal is reported to him without the charge being investigated, unless the investigation within that period was impracticable (Section 102). Procedure for the investigation of charges and trial by a court-martial is provided by the rules framed under