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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

Chief of the Army Staff and Others Vs. Laxman Giri, Ex Havaldar No. 92 ...

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 45, 108, 116 and 120 - Rule 130; Indian Penal Code (IPC), 1860 - Sections 354

Reported in : 2000(1)AWC716; [2000(85)FLR76]; (2000)1UPLBEC868

martial : (a) general court-martial ; (b) district court-martial; (c) summary general court-martial ; and (d) summary courts-martial. Section 108 of the Army Act, 1950. The present case is of summary court-martial which can be held by the … on behalf of the petitioner were that for want of procedure in conformity with Section 120 of the Army Act, 1950, the entire proceedings were bad. At the very outset, this Court places on record that the learned Judge

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 39(a), 116, 191, 71; Army Rules, 1954 - Rules 31, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 39

On 03.08.2001, Col. A.S. Sehrawat, Commandant, under his signature served a charge sheet under Section 39(a) of the Army Act, 1950 (for short, 'Army Act') on the respondent for the absence without leave for 808 days. The Commandant constituted … a term which may extend to three years or such less punishment as is in this Act mentioned”.9. Section 108 describes the kinds of courts-martial. The said provision reads as under:"108. Kinds of courts-martial. - For the purposes

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)

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 … for serving on a general or district Court Martial. There are four kinds of court martial's specified in Section 108 of the Army Act, 1958. These are:(a) General Courts-Martial; (b) District Courts-Martial; (c) Summary General Courts-Martial; (d) Summary

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

Court : Rajasthan

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 1, 2, 3(24), 21, 33, 34, 38(1), 39, 40, 63, 69, 70, 71, 72, 80, 108, 109, 110, 112, 113, 114, 115, 116, 118, 119, 120, 120(2), 120(4), 120(5), 125, 161, 193; Indian Penal Code (IPC) - Sections 341 and 376; Army Rules, 1954 - 22(3), 28, 29, 30, 32, 33, 34, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 129, 137 and 149

Reported in : RLW2006(4)Raj3323

proceeding. They also seek to challenge the validity of the provisions relating to summary court martial under the Army Act, 1950 and the Army Rules, 1954. As vires has been challenged in all the petitions, they were heard together.2. … the submissions of the counsel, it may be useful to refer to certain provisions of the Army Act. Section 108 of the Act provides for four kinds of Court-martial - general Court-martial, district Court-martial, summary general Court-martial and

J.S. Naik Vs. Asst. Commissioner, Air Customs and anr.

Court : Kerala

Subject : Criminal

Acts : Customs Act, 1962 - Sections 108, 123 and 135; Preventive Detention Act; Maintenance of Internal Security Act; Army Act, 1950 - Sections 2; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1974 - Sections 428 and 482; Indian Penal Code (IPC) - Sections 120A, 120B, 395 and 447;

Reported in : 1999CriLJ425

the Supreme Court has held that a person convicted and sentenced by the General Court Martial under the Army Act, 1950 is not entitled to the benefit under Section 428 of the Cr. P.C. of set off of his … at Karipur Airport, Calicut. The petitioner was arrested on 22-9-1995 after summoning him and recording his statement under Section 108 of the Customs Act. When produced before the Addl. Chief Judicial Magistrate's Court, (Economic Offences), Ernakulam, he was

Union of India (Uoi) and ors. Vs. A.K. Pandey

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 164(2); Rent Act, 1957 - Sections 16; Hyderabad District Municipalities Act, 1956 - Sections 77; Delhi Laws Act - Sections 6(2); Companies Act, 1956 - Sections 108 and 629A; Army Rules, 1954 - Rule 34

Reported in : JT2009(12)SC364; 2009(12)SCALE617; (2009)10SCC552; 2009(10)LC4550(SC):2009AIRSCW6354

years and (ii) dismissal from service.5. The respondent aggrieved thereby submitted a petition under Section 164(2) of the Army Act, 1950 before the Chief of the Army staff for setting aside the findings and sentence of the General Court … Mannalal Khetan and Ors. v. Kedar Nath Khetan and Ors. : (1977) 2 SCC 424 while dealing with Section 108 of the Companies Act, 1956 a three Judge Bench of this Court held:17. In Raza Buland Sugar Co.

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 … Act and convicted by court martial, according to the scale provided therein. Chapter X deals with court martial. Section 108 provides that for the purposes of the Act there shall be four kinds of court martial, that is

Naik Shekharappa Olekar S/O Late Hanumappa Olekar Vs. Union of India ( ...

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 129, 153, 158, 160, 161, 162, 163, 164 and 164(2); Court Martial (Appeal) Act, 1951; Court Martial (appeals) (Amendment) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Army Rules, 1954 - Rules 22, 34, 62, 179, 180 and 184; Army Regulations; Constitution of India - Articles 226 and 227; Indian Penal Code

Reported in : 2007(1)AIRKarR185

is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the Army Act, 1950 [for short, the Act, particularly under Section 39(a) of the Act on being tried by Summary Court Martial … Act and convicted by court martial, according to the scale provided therein. Chapter X deals with court martials. Section 108 provides that for the purposes of the Act there shall be four kinds of court martials, that is

Ramrao S/O Punjaji Rakha Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Civil

Acts : Army Act, 1950 - Sections 3, 39, 71, 73, 106, 108, 116, 120, 120(4) and 120(5); Constitution of India - Article 226

Reported in : 2005(2)MhLj1022

Civil Prison and to be dismissed from service, for an offence of absenteeism under Section 39 of the Army Act, 1950 and as a deserter under Section 106 of the said Act.3. The factual matrix in this matter is … the Army Act defines the word 'Court Martial' and it means a court-martial held under the said Act. Section 108 of the Act enumerates different types of Court Martials, namely, (a) general court-martial; (b) district courts-martial; (c) summary