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

Court : Rajasthan

Subject : Service

Acts : Army Act, 1950 - Sections 69, 118, 154 and 164; Army Rules, 1954 - Rule 13 and 13(2A); Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 18, 42, 43 and 57; Constitution of India - Articles 14, 21 and 226; Defence Personnel Law

Reported in : RLW2006(3)Raj1734; 2006(2)WLC452

petitioner next argued that wife of the petitioner, Smt. Anchi Kanwar made petition under Section 164 of the Army Act, 1950 and the competent authority seriously erred in returning the petition without considering it. He contended that Smt. Anchi … contended that the GCM is quite competent to award punishment for a term more than seven years under Section 118 read with Section 69 of the Army Act for offence under Section 18 of the Act of 1985.

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 … but they are also group offences.10. Chapter X deals with Court Martial. A General Court Martial under Section 118of the Act have power to try any army person for any offence punishable under the Act and pass

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. … 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 … or detachment, as the case may be, alone constitutes the Court. Sections 118 and 119 lay down the powers of the general and summary general

Chief of Army Staff and ors. Vs. Major Dharam Pal Kukrety

Court : Supreme Court of India

Subject : Service

Acts : Army Rules, 1954 - Rules 14(2) and 71; Army Act - Sections 121, 153 and 160

Reported in : AIR1985SC703; 1985CriLJ913; 1986LabIC41; (1985)IILLJ165SC; 1985(1)SCALE582; (1985)2SCC412; [1985]3SCR415; 1985(17)LC863(SC)

as aforesaid, was allowed.4. It was the contention of the Respondent in his writ petition that under the Army Act, 1950 (Act No. 46 of 1950), and the Army rules there was an initial option either to have the … (4) of Section 117 expressly provides that where a court-martial is dissolved, the accused may be tried again. Section 118 confers upon a general court-martial the power to try any person subject lo the Army Act for any

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

Court : Uttaranchal

Subject : Service

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 … balcony of the first floor of house No. 14/2 Chandpur Enclave, Tezpur, belonging to Major Anuj Bhatnagar, of 118 Field Organization, with a help of a ladder. It was alleged that he had done so with the

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 … by persons and authorities as specified in Section 109, 110, 112 and 118 of the Act. The procedure of court martial is detailed in Chapter

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 … court-martial. Court Martials can be convened by persons and authorities as specified in Sections 109, 110, 112 and 118 of the Act The procedure of court martials is detailed in Chapter XI of the Act. Section 129

Govind Choubey Vs. Unions of India (Uoi) Through the Chief of Army Sta ...

Court : Jharkhand

Subject : Service

Reported in : [2008(3)JCR215(Jhr)]

General Officer Commanding 23 Infantry Division, Ranchi (Respondent No. 2) permitting the petitioner to be tried under the Army Act, 1950. Petitioner further seeks his reinstatement back in service with all consequential benefits on his acquittal.2. The short facts … Army Act read with Rule 197-A of the Army Rules and paragraph 118 of the Regulations for the Army, 1987 (Revised Edition) and Section 475 … served with three charges as hereunder:________________________________________________________________________First Charge : | Committing a civil offence, that is to say,Army Act Section | attempting to kidnap and in such, attempt69 | doing an act towards the commission of said| offence,

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

Justice P.D. Dinakaran Vs. Hon'Ble Judges Inquiry Committee

Court : Supreme Court of India

Subject : Constitution

Acts : The Judges (Inquiry) Act 1968 - Sections 3, 4, 5, 6; The Army Act 1950 - Section 130; The Code of the Bengal Money Lenders Act 1940 - Section 35; Constitution of India - Articles 14, 21, 32, 121, 141, 124, 216, 217, 317, 100, 105, 118, 218, 316

his dismissal from service on the ground of violation of the provision contained in Section 130 of the Army Act, 1950. The facts of that case were that the appellant, who was already serving sentence of 28 days rigorous … down the Act on the ground that the same was ultra vires the provisions of Articles 100, 105, 118, 121 and 124(5) of the Constitution. He had also sought a declaration that the motion presented by 108