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Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

ORDERV.V.S. Rao, J.1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for brevity) falls for consideration in both these appeals and hence they are being disposed of … Act evidence is required as to when the competent authority specifically identified the offender/s for initiating action under Section 109 of the Act and therefore the writ petition is not a proper remedy to adjudicate the question of

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced … the record, it is graphically clear that it was Brig. J.S. Phoolka who had convened Court Martial under Section 109 of the Act. The statutory complaint submitted by the appellant pertained to certain irregularities committed by Commander 71,

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

was a prima facie case against these three accused persons which ought to be proceeded with under the Army Act, 1950 and that they be tried by a General Court-Martial. Signed at Dinjan this Fourth day of January, 1989.Place: … OFFENCE SPECIFIED INSECTION 302 OF INDIAN PENAL CODE, IN CONSEQUENCE OF WHICH ABETMENT SUCHOFFENCE WAS COMMIT-TED, CONTRARY TO SECTION 109 READ WITH SECTION 34 OFINDIAN PENAL CODE. inthat they together, at Field, on or before 14 June 1987,

Capt. Paramjeet Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Service

Reported in : 1992(1)WLC37; 1991(2)WLN198

it have been given in the absence of any provision to that effect under Section 109 of the Army Act, 1950 (hereinafter referred to as 'the Act'). The second submission of Mr. Garg, is that the tentative charge sheet

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

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

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Army Act, 1950 - Sections 63, 109, 113, 153, 154 and 164; Evidence Act - Sections 27; Army Rules - Rules 23(1), 23(2), 23(3), 23(4) and 23(6); Constitution of India - Articles 20, 136 and 226; Military Law

Reported in : 2008(5)ALLMR(SC)992; 2008(3)JKJ5[SC]; JT2008(13)SC605; (2008)6MLJ684(SC); 2008(10)SCALE184; (2008)9SCC161; 2009(1)SLJ496(SC); 2008AIRSCW6518

us by the appellant - Appeal dismissed. [para 9, 10, 11, 12, 13, 14, 15, 17, 19] - ARMY ACT, 1950. Section 109: [C.K.Thakker & Lokeshwar Singh Panta, JJ] Convening of General Court Martial (GCM) Held, There is nothing in Section

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … to the Commanding Officer, O.T.A. On receipt of the case file, the first respondent, exercising his powers under Section 109 of the Army Act, by order dated 25.7.2004, convened a General Court Martial consisting of seven Army Officers

S.N. Purandara Vs. Union of India and ors.

Court : Delhi

Subject : Criminal

Acts : Army Act, 1950 - Sections 52 and 109

Reported in : 32(1987)DLT264; ILR1987Delhi427

also for an order/direction in the nature of declaration declaring Sections 52(g), 63, 124 and 125 of the Army Act. 1950, as amended by Act 19 of 1955 (for short the Act) as ultra virus of the Constitution of … Command. Mobile Signal Regiment convening General Courts-Martial as also for an order/direction in the nature of declaration declaring Sections 52(g), 63, 124 and 125 of the Army Act. 1950, as amended by Act 19 of 1955 (for … authorised by the Chief of the Army Staff as required by S. 109 of the Army Act. The respondents were also required to produce relevant

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 … bad in law; 3A. The A-1 warrant issued to the G.O.C. Bengal Area in exercise of power under section 109 of the Army Act, authorises him to convene a Court Martial in respect of persons under his command.

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 … seven years, or such less punishment as is in this Act mentioned.'9. It is on this score that Section 109 in Chapter X ought also to be noticed at this juncture. The Section reads as below :'109. Power