Advanced Search Results

B.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 80, 83, 84, 85 and 121; Army Rules - Rule 34

Reported in : 1999(5)ALD352

respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as being in violation of the Army Act, 1950, Section 121 ofArmy Rules 34, Regulations for the ArmyPara 903 exceeding jurisdiction, unlawful and ultra vires.2. Interim stay was granted … petitioner by way of trial by a General Court Martial under the provisions of Section 121 of the Army Act, 1950. Section 121 of the said Act is extracted hereunder:'121. Prohibition of second trial :--When any person subject to this Act

Som Datt Datta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 50(2), 121(4), 125, 126, 139(6), 164 and 165; Indian Penal Code (IPC) - Sections 149 and 304; Code of Criminal Procedure (CrPC) - Sections 174 and 549; Army Rules, 1954 - Rules 3 and 5; Constitution of India - Article 32; Defence Services Regulation - Regulation 527

Reported in : AIR1969SC414; 1969CriLJ663; [1969]2SCR177

it is necessary to scrutinize the provisions of the Army Act in some detail. Section 2 of the Army Act, 1950 (Act 46 of 1950), hereinafter called the 'Army Act', describes the different categories of army personnel who are … Army Rules, 1954. It was also contended on behalf of the petitioner that the procedure contemplated by Rule 121(4) of the Army Rules was not followed by the Court-Martial and the finding of the Court-Martial must therefore

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 … is charged with an offence, may be taken into military custody. Chapter X deals with Courts-Martial. Therein under Section 121, any person subject to this Act having been acquitted or convicted of an offence by a court martial

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 … convicted, sentenced and has also suffered part of the sentence. The petitioner's second trial, thereforee, is prohibited by Section 121 of the Act as also Article 20(2) of the Constitution of India.'52. It is not a mere co-incidence

Shri Sanjay Marutirao Patil Vs. Union of India (Uoi),

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 19, 20, 20(3), 22, 60, 63, 71, 80, 83, 84, 85, 121, 161, 162, 179, 179(3), 179(4), 179(5A) and 179(6); Army Rules, 1954 - Rules 13(3), 14, 17 and 177(1); Constitution of India - Articles 32, 33, 136, 226, 227 and 227(4)

Reported in : 2008(2)ALLMR471; 2008(6)BomCR208; [2008(117)FLR459]; 2008(4)MhLj758

explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and … any punishment under Section 71 of the Army Act. The petitioner has relied upon the provision contained in Section 121 of the Army Act, which prohibits a second trial. Section 121 reads thus:'121. Prohibition of second trial. When

Sadanand Singh Vs. Chief of the Army Staff and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 63; Army Rules, 1954 - Rule 121

Reported in : 2004(2)AWC1362

On this fact coming to light, the petitioner was tried for the offence under Section 63 of the Army Act, 1950 by a summary court-martial which held him guilty of the charge and besides reducing him to ranks also … any reason in support of its order, hence the impugned orders suffer from manifest error of law. Rule 121 of the Army Rules, 1954 itself provides that the finding on every charge upon which the accused is

R.K. Gogna Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 17, 19, 45, 63, 121, 122, 153, 160 and 199; Indian Penal Code (IPC), 1860 - Sections 379; Army Rules - Rule 14; Army Order; Army Regulations, 1962; Limitation Act

Reported in : 2001(60)DRJ505

Staff an alternative remedy by way of filing statutory complaint is provided for under Section 17 of the Army Act, 1950. 5. The court considered the averments made in the writ petition as also in the counter affidavit. In … confirmed was not valid. Could he, thereforee, be tried again by another court-martial on the same charges? Under Section 121, a person subject to the Army Act, who has been acquitted or convicted or an offence by a

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 … made a special finding of guilty subject to exceptions of variations in accordance with sub-rule (3) of rule 121, it may, if it is satisfied of the justice of such course accept and record a plea of

Union of India (Uoi) and ors. Vs. Ex. Sqn. Ldr. R. Sood

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 19, 37, 121 and 122(1); Air Force Rules, 1969 - Rules 14, 14(2), 14(7), 16, 16(2) and 17; Army Act - Sections 19 and 122; Indian Penal Code (IPC) - Sections 147, 149, 365 and 304; Code of Criminal Procedure (CrPC) - Sections 197(2); Constitution of India - Sections 311(2)

Reported in : 2008(102)DRJ52

of an army personnel. The provision, which was discussed in the said decision, was Sections 19, 122 of Army Act read with Rule 14(7) of Army Rules.12. The issue, thereforee, which arises for our consideration in this case … Forces. The respondent was dismissed from service by the Central Government under Section 19 of the Air Force Act, 1950 read with Rule 16 of the Air Force Rules, 1969 by issuing an order dated 22nd September, 1993. … have been commenced and taken beyond the period of three years ignoring the period of limitation prescribed by Section 121 of the Air Force Act. Consequently the order dated 22nd September, 1993 was set aside and the aforesaid

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 … should be instituted before a court-martial, to direct that the accused person shall be detained in military custody.10. Section 121 of the Act, which deals with the prohibition of second trial runs thus:121. Prohibition of second trial When