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Ex. Rect. Lachhman Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 39, 80 and 120(3); ;Army Rule, 1954 - Rules 22, 22(1), 115, 115(2), 115(2A), 129 and 180

Reported in : 2003(1)SLJ237(Delhi)

the charge. Next that though the petitioner was served with a charge sheet under Section 39(a) of the Army Act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of … of guilty has not been entered into by the accused nor has it been recorded as per Rule 115 inasmuch neither it has been recorded as finding of court nor was the accused informed about the general

Veer Bhan (Sepoy) Vs. the Chief of the Army Staff and anr.

Court : Delhi

Subject : CivilService

Acts : Army Act, 1950 - Sections 52, 115, 161 and 162; Army Rules, 1954 - Rules 2A, 33, 33(7), 34, 70, 115(2), 132 and 147; Constitution of India - Article 21

Reported in : 114(2004)DLT667

have heard counsel on the other aspects of the matter, we may comment on the same as well. Section 115 of the Army Act, 1950 reads as under:-' 115. General plea of 'Guilty' or 'Not Guilty' (1) The … dated 11th July, 1994 whereby the petitioner was found guilty of the charge under Section 52(b) of the Army Act, 1950 and was sentenced to rigorous imprisonment of four months and dismissal from service.2. The petitioner joined the Indian

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

Pradip Kumar Tomer Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Army Act, 1950 - Sections 4(1) and 39; Army Rules - Rules 34, 115(2) and 115(2A)

(1) GLT 240, a learned Single Judge of this Court dealt with the scope and applicability of the Army Act, 1950 to the Assam Rifles with reference to the notification No. SRO 318 dated 6.12.1962 issued by the Central … Kumar Tomer of 26 Assam Rifles is subject to the Army Act under the provision of Army Act Section 4(1) reads with SRC 318 of 06 December 62 and charged with:Army Act section 39(b)without sufficient causa overstaying … the charge and, as such, the procedure as envisaged in Army Rules 115(2) and (2A) were followed. 5. Mr. Sarma, learned senior counsel for the

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 … to follow the procedure provided in these Rules. Arraignment of the accused is provided in Rule 111. Rule 115 deals with general plea of 'guilty' or 'not guilty'. Rule 116 deals with the procedure after plea of

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. … argument was made at the time of hearing regarding non-compliance of Rule 115 of the Army Rules and the punishment being excessive. We shall deal … was tried by summary court martial for committing an act prejudicial to good order and military discipline under Section 63 of the Army Act. Before being subjected to court-martial, summary of evidence was recorded in presence of

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

Subject : Service

parties, we are satisfied that the final outcome of the present controversy will depend on thee interpretation of Section 115 of the Army Act, 1950. We are also satisfied that the definition of the terms 'commanding officer' as … court- martial against the appellant. In this behalf our pointed attention was drawn to Section 130 of the Army Act, 1950. Section 130 of the aforesaid is being extracted hereunder:130. Challenges.- (1) At al trials by general, district or summary

Uma Shanker Pathak Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Labour and Industrial

Acts : Army Act, 1950 - Sections 52, 130, 164; Army Rules, 1954 - Rules 34, 34(1) and 115(2)

Reported in : (1990)IILLJ109All

war trophies captured in 1971 war and entrusted to the petitioner's unit, punishable under Section 52(a) of the Army Act, 1950. The charge-sheet dated September 18,1982 was issued by the Commanding Officer of the petitioner's regiment asking the petitioner … serious consideration. The argument was that there has been a patent breach of the mandatory provisions of Rule 115 (2) of the Army Rules 1954 inasmuch as even assuming that the petitioner had pleaded guilty to the

ex.link Vishav Priya Singh vs.uoi

Court : Delhi

Subject : Land Acquisition

case of the petitioner, on August 09, 1991, the petitioner submitted his petition under Section 164(2) of the Army Act, 1950 against his W.P.(C) No.2511/1992 Page 4 of 41 wrongful dismissal but no reply was received for the same. … against him and declined to make any statement. It is also their case that provisions of Army Rule 115(2) were complied with. Pursuant to the plea of guilt of the petitioner, recorded as the finding of the

Narendra Pal Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Rules - Rule 22(1), 22(2) and 22(3)

Reported in : (2001)3UPLBEC2253

Staff who is competent to convene a General Court Martial and a District Court Martial, as provided by Section 115 of the Army Act, 1950. Summary Court Martial in the instant was not convened by an officer having … holding the rank of Acting Lance Nayak was chargesheeted vide charge-sheet dated 18.6.1993 under Section 52 of the Army Act, 1950 for having committed theft in respect of Carbine, Machinegun 9 m.m. Regd. No. ZZ-1945, the property of the