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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 … cross-examine the witness. In view of the offence charged, there would also be no question of application of Section 120(2) of the Act. The question however, remains whether the petitioner having been once attached to a different unit

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

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

Mahipal Singh Vs. Union of India and ors.

Court : Delhi

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 116 and 120; Indian Penal Code (IPC), 1860 - Sections 465

Reported in : 55(1994)DLT176

that the first charge sheet was issued to the petitioner under the provisions of Section 69 of the Army Act,1950, (hereinafter called 'the Act'), which was subsequently amended to Section 63 in the second, third and fourth charge … or a Sepoy cannot be attached to another Unit for SCM. This is forbidden by Note 5 to Section 120 of the Act.(e) There was no valid attachment order by which the petitioner was alleged to be attached

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 … In this regard, learned counsel has drawn support from Somappa hanumanthappa Choudhary v. State of Karnataka 1986 Cri.L.J. 1201 wherein it was held that the service of the prayed legal practitioner should always be provided to a

Santosh Kumar Pyarelal Mishra Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 69 and 120(2)

Reported in : I(1995)ACC522; 1995(3)BomCR483; (1995)97BOMLR312

contention that the Summary Court Martial was not competent authority under the provisions of section 120(2) of the Army Act, 1950. Therefore, the impugned orders are without jurisdiction and, therefore, liable to be quashed and set aside. In support

Major Suresh Rana Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 1 and 120(2); Army Rules, 1954 - Rules 22, 22(1), 23, 24, 24(1) and 180

Reported in : 151(2008)DLT603

against him. In case the Commanding Officer finds that the evidence does not show any offence under the Army Act, 1950 had been committed, the charge is dismissed or he can proceed for taking down the summary of evidence … the commanding officer shall not dismiss a charge which he is debarred to try under Sub-section (2) of Section 120 without reference to superior authority as specified therein.5. The present case was one where the Commanding Officer did

Ex-havildar Ratan Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 34, 36, 37, 69 and 120(2)

Reported in : AIR1992SC415; 1991CriLJ287; 1991(3)Crimes822(SC); JT1991(4)SC427; 1991(2)SCALE1047; 1992Supp(1)SCC716; [1991]Supp2SCR370

having regard to the nature of the charge against the appellant, the provisions of Section 34 of the Army Act, 1950 (hereinafter referred to as the Act) are attracted, and in view of Section 120(2) of the Act, trial

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Subject : Criminal

Reported in : 1976CriLJ796

be no manner of doubt that the offences alleged come within the purview of Section 52 of the Army Act, 1950. Therefore, such offences could be also tried by the court martial. It is only with regard to the … Hoshing (respondent in Govt, Appeal) and (3) Lt. Col. Birendra Nath Mazumdar (respondent in Govt. Appeal) under Section 120-B read with Section 5 (2) of Act II of 1947 and under Section 5 (2)/5 (1) (c) and

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

Subject : Criminal

I.A. Ansari, J.1. Can an Army authority, in exercise of its powers under Section 125 of the Army Act, 1950, seek, for the purpose of investigation or trial, the custody of a person, who is subject to the … the commanding officer shall not dismiss a charge which he is debarred to try under Sub-section (2) of Section 120 without reference to superior authority as specified therein.(3) After compliance of Sub-rule (1), if the commanding officer is

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Subject : ServiceCivil

Acts : Army Act, 1950 - Sections 39, 48, 69, 120(2), 147, and 165; Army Rules, 1954 - Rules 22, 33, 34, 129 and 147; Constitution of India - Article 226

Reported in : (2004)1UPLBEC266

provisions of the Army Act and Rules may be reproduced below:--The Army, 1950--'Section 120. Powers of Summary Courts Martial.--(1) Subject to the provisions of Sub-section … 6.7.1992 and the three charges framed against him were as follows :* First under Section 69 of the Army Act for committing civil offence, that is to say using force on a woman with intent to outrage her … entitled to under Rule 147 of the Army Rules;(iii) That in the facts of the present case, under Section 120(2) of the Army Act read with Para 459 of the Defence Service Regulations, the Summary Court Martial was