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Union of India (Uoi) and ors. Vs. Lt. Col. Rakesh Gautam

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 122 and 122(1)

Reported in : 2008(6)KarLJ202; 2008(3)KCCR1530; 2008(5)AIRKarR28(DB)

Annexure-A and A1.7. Hence there is no merit in the writ appeal. The writ appeal is dismissed. - ARMY ACT, 1950. Section 122: [Cyriac Joseph, CJ & S. Abdul Nazeer, JJ] Limitation regarding General Court Martial Held, Under Section 122(1)(b)of the

Rajvir Singh Vs. Secretary Ministry of Defence and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 122, 52(f), 37

for his trial contending that his trial was barred by time as provided under section 122 of the Army Act, 1950 (for the sake of brevity the Act). 3. A General Court Martial was directed to be convened by

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 … & 28th March, 1979 and Court martial proceedings had become barred by time on 28th March, 1981 under Section 122 of the Act whereafter Section 19 of the Act was not available to be invoked. The High Court

Harminder Kumar (Cap.) Vs. Union of India

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 19 and 122 - Rule 14(2)

Reported in : 1998VIAD(Delhi)368; 75(1998)DLT597

writ petition the show-cause notice dated 28.2.1984 issued under Army Rule 14 read with Section 19 of the Army Act, 1950.2. The case of the petitioner is that having come to the conclusion that the proceeding with court martial … has resulted in your trial by court martial having been rendered time barred by virtue of Army Act Section 122.'6. The learned counsel for the petitioner Mr.G.D.Gupta, relying upon the judgment of the Supreme Court in 'Major Radha

Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Usha ...

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 350 and 549(1); Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Criminal Law (Amendment) Act, 1952 - Sections 8(3-A) and 11-A; Army Act, 1950 - Sections 122

Reported in : AIR1986SC1655; 1986CriLJ1248; 1986(3)Crimes11(SC); 1986(1)SCALE931; 1986Supp(1)SCC190; [1986]3SCR113

Magistrates and not to a Judge presiding over a Special Court.(2) Having regard to the provision contained in Section 122 of the Army Act, 1950, which prescribes a period of limitation of three years, which period had already … offenders who are charged with having committed offences which fall under the purview of Section 52 of the Army Act, 1950, Section 549(1) of Cr.P.C. provides that Central Government may make Rules consistent with Cr.P.C. and the Army Act. In

Delhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 122, 122(1), 122(3), 125 and 127; Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1952 - Rule 3

Reported in : AIR1972SC2548; 1973CriLJ33; (1972)2SCC692; [1973]1SCR1010; 1973(5)LC350(SC)

of this case the respondent is not 'liable to be tried' by a Court-martial.7. Section 122(1) of the Army Act, 1950, provides that no trial by court-martial of any person subject to the Army Act for any offence shall

Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 37(1), 37(2), 122, 122(1), 122(3), 123, 127, 153, 154, 160 and 164; Constitution of India - Articles 20, 21, 44 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 549 and 549(1); Army Regulations; Army Rules - Rules 3, 22, 53, 122(3) and 177 to 185

Reported in : 2002(64)DRJ379

was held:'8. The next point which was unsuccessfully urged before the High Court was in the context of Section 122 of the Army Act of 1950 which prescribes a period of limitation of three years. The High Court … order or direction of appropriate nature striking down the provisions of Section 153, 154 and 160 of the Army Act 1950.(c-1) Issue writ order and direction of appropriate nature to quash the orders dated 30.10.1996, order 30.10.1996 invoking Section

Union of India (Uoi) and anr. Vs. V.N. Saxena

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 19 and 122; Army Rules, 1954 - Rules 14, 14(2) and 40; Constitution of India - Article 226

Reported in : 2008(4)ALD38(SC); JT2008(4)SC613; 2008(6)SCALE35; (2008)11SCC516; 2008AIRSCW2647; 2008LABIC2586; 2008(3)Supreme25; JT2008(4)SC613

passed. No order as to costs.6. In Harjeet Singh Sandhu's case (supra) the scope and ambit of the Army Act, 1950 (in short the 'Act') and Rule 40 of the Army Rules, 1954 (in short the 'Rules') inter alia … where the trial by Court-Martial against the offences committed by an army personnel was barred by limitation under Section 122 of the Act, the summary procedure for termination under Rule14(2) of the Rules, cannot be followed on the

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

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 … awarded beyond three years period from the date of occurrence thus it is hit by the provisions of Section 122 of the Army Act which provides for period of limitation for taking such action. It was also submitted