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J.S. Sidhu Vs. Union of India and anr.

Court : Delhi

Subject : Civil

Acts : Army Act, 1950 - Sections 117; Army Rules, 1954 - Rule 37

Reported in : ILR1986Delhi658

case, however, the parties are left to bear their own costs. Civil - arrest - Section 117 of Army Act, 1950 and Rule 37 of Army Rules, 1954 - petitioner commissioned in Indian army - put under arrest on

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

a reference thereto was barred by limitation. The Court Martial was, therefore, dissolved Under Section 117 of the Army Act, 1950, (referred to hereinafter as 'the Act') and the respondent was handed over to the civil authorities for being

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct … produced. The trial was adjourned sine die which was in violation of Army Rule 82(3) and Army Act 117(3). The order adjourning the Court sine die was passed by the General Officer Commanding, Maharashtra in Gujarat Area

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

or he thinks fit.23. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … to supply copy of the S.S.F.C. proceedings. The appellant was also granted liberty to file a petition under Section 117 of the B.S.F. Act, 1968. The appellant submitted the necessary petition. This petition has also been dismissed by

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

or he thinks fit.19. We may also notice here that a pari material provision is contained under the Army Act, 1950. Section 164 therein also provides for confirmation of the finding or sentence of the Court- Martial authority by a … to supply copy of the S.S.F.C. proceedings. The appellant was also granted liberty to file a petition under Section 117 of the B.S.F. Act, 1968. The appellant submitted the necessary petition. This petition has also been dismissed by

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 … powers conferred by sub-section (1) of Section 4 of the Army Act, the Central Government has issued SRO 117 dated 28.03.1960 and SRO 318 dated 6.12.1962. SRO 318 has been subsequently amended by SRO 325 dated 31.8.1977.

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … authorities.4. On that count, the High Court directed remand in all the matters to the appellate authority under Section 117(2) of The Border Security Force Act, 1968 (hereinafter referred to as 'the Act' for short) for rewriting the

Ex-constable Ramvir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ServiceCriminal

Acts : Border Security Force Act, 1968 - Sections 22, 63 and 117; Army Act, 1950 - Sections 41; Border Security Force Rules, 1969 - Rule 157; Constitution of India - Article 226

Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93

to whether refusal to take food by itself would come within the purview of Section 41 of the Army Act, 1950, this Court in Ranjit Thakur (supra) held:The submission that a disregard of an order to eat food does … pleaded guilty to both the charges. He was dismissed from service. A statutory petition filed by him under Section 117 of the Act was rejected by the Director General of Border Security Force by an order dated 28.6.2001.

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 … Act to validly constitute a court martial being reduce below the minimum or any other exigency contemplated by Section 117 occurring and the court martial cannot be convened to commence afresh on account of bar of limitation under

Major General Inder Jit Kumar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 13, 24, 28(2), 30, 31, 33(7), 38, 67, 95, 180 and 184; Army Act, 1950 - Sections 52, 63, 71, 72, 73, 109, 117; Army Law

Reported in : JT1997(4)SC8; 1997(3)SCALE111; (1997)9SCC1

Pradesh challenging the inquiry proceedings held against him and his trial by a General Court Martial under the Army Act, 1950. This writ petition has been dismissed by the impugned judgment and order of the High Court of Madhya … Army Act and the Army Rules. According to the appellant, the Court Martial should have been dissolved under Section 117. Section 117 provides that if a Court Martial after the commencement of trial is reduced below the minimum