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Daya Shankar Tiwari Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Constitution of India - Articles 21, 226 and 311(2); Army Act, 1950 - Sections 20(3), 105 and 106; Army Rules, 1954 - Rules 13, 13(2), 13(3), 13(5) and 17; Army Pension Regulation, 1961 - Regulation 132; Army Regulations, 1987

Reported in : 2005(1)ESC255

copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :'105. Capture of deserters--(1) Whenever any person subject to this Act … copy of that letter was also sent to the wife of the petitioner under Section 105 of the Army Act, 1950. Section 105 of the Army Act is quoted below :105. Capture of deserters--(1) Whenever any person subject to this Act

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 … BRDB-19 General Reserve Engineer Force (Special wages Bill Imported Labour) voucher No. CV/60/101/404/CPL dated 28 Feb. 94, and thereby detained Rs. 840/- (Rupees Eight hundred

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 … considered it necessary, are ultra vires the Army Act and Rules. Such participation was also violative of rule 105(8), and caused serious prejudice to the petitioner, 6. The G.C.M, in revoking the earlier sentence passed by it

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 … He has specifically referred to the provisions of Rules 60, 61,62 and 105 of the Rules to emphasise the importance of the role played by

Daya Shankar Tiwari Vs. Chief of the Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 20(3) and 106; Army Rules - Rule 17

Reported in : 2002(3)AWC2142; (2002)2UPLBEC1634

such, he was declared deserter with effect from 2.5.1996. A Court of Inquiry was heldunder Section 106 of Army Act, 1950 and being a peace deserter, the petitioner was dismissed from service w.e.f. 21.10.1999 in terms of Army Act … not apprehended, he shall, for the purpose of this Act, be deemed to be a deserter.' 16. Whereas Section 105 provides apprehension of the deserters. Section 106 required an inquiry into the matter by convening a court of

Ex. Havildar Gulta Kailash Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Reported in : 2009(3)WLN94

the petitioner preferred a statutory petition as per the provisions of Sub-section (2) of Section 164 of the Army Act, 1950 (hereinafter referred to as 'the Act of 1950') read with Rule 210 of the Army Rules, 1954 (hereinafter … General Court Martial including overstepping by the Judge advocate to the powers and duties as given under Rule 105 of the Rules of 1954. The petitioner also asserted that the findings given by the General Court Martial

Dr. Subhendu Sen (Vsm) Vs. Government of India and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Army Act, 1950 - Sections 39, 52, 71, 74, 153, 154, 155(2), 157, 158, 160(1), 164(1) and (2) - Rules 68(3) and 105; Constitution of India - Articles 33 and 226

Reported in : 1998(1)ALD773

and ask for change of Judge Advocate. As for duties of Judge Advocate, kindly refer to Army Rule 105 (read). On the other hand, should you find that the Judge Advocate has been proceeding in an impartial … first three charges were framed under Section 52(b) and the 4th charge was under Section 39(a) of the Army Act, 1950.4. The General Court-Martialproceedings commenced on 22-11-1993 and concluded on 11-3-1994. During the proceedings 32 persons were examined as

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

Court : Himachal Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 32, 136, 226 and 227; ;Army Act, 1950 - Sections 69 and 354; ;Ranbir Penal Code (IPC), 1989 Smvt. - Sections 97, 300 and 302; ;Probation of Offenders Act - Sections 3 and 4; ;Army Rules, 1954 - Rules 23(3), 149 and 151 to 165; ;Evidence Act - Section 105; ;Indian Penal Code (IPC) - Section 97; ;Navy Act, 1957; ;Air Force Act, 1950

Reported in : 2000CriLJ2393

Army, Navy or Air Force when commit any offence are dealt with the special provisions contained in the Army Act, 1950 or the Navy Act, 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … inflicted injuries on the body of Lance Pratap Singh and the case of the petitioner was covered under Section 105 of the Evidence Act and Section 97 of the Ranbir Penal Code equivalent to Section 97 of the

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Navy or Air Force when commit any offence are deait with by the special provisions contained in the Army Act, 1950, or the Navy Act 1957 or the Air Force Act, 1950 and not by the normal Criminal Procedure … Salt Marketing Centre, Gatiahati v. Union of India and others, AIR 1996 Gauhati 36,wherein the case arose under Section 105 of the Railways Act, when the goods were weighed enroute by railway without information to the consignor or

Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...

Court : Armed forces Tribunal AFT Regional Bench Kolkata

Subject : Land Acquisition

a GCM proceeding, which has got the status of a judicial proceeding as per Section 152 of the Army Act 1950. The petitioner has categorically claimed that the decision of the authority in issuing showing cause notice in his … she slept with Maj Sudhir Nohwar of 104 AD Bty, then she slept with Capt RS Pundir of 105 AD Bty. And now it was turn of 106 AD Bty” or words to that effect. 18. In