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Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from service

Union of India and Others Vs. R.K.L.D. Azad

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 64, 71, 73, 123 and 154

Reported in : AIR1996SC845; [1995(71)FLR850]; JT1997(10)SC529a; (1996)ILLJ808SC; 1995(4)SCALE711; 1995Supp(3)SCC426; [1995]Supp2SCR602; 1995(2)LC588(SC)

are required to be answered in these appeals are :-(i) whether a person who is subject to the Army Act, 1950 ('Act' for short) can be dismissed from service for committing an offence under the Act even after he … otherwise, would have been impermissible and illegal from the date of the respondent's retirement. Such an order under Section 123 of the Act, the learned judge observed, could not give any statutory imprimatur to an order of dismissal

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

2 provides that the provisions of this Act would apply to the persons who are subject to the Army Act, 1950, Navy Act, 1957 and the Air Force Act, 1950. It will also apply to the retired Army personnel, … that this Court should take note of the change in the legal provision as has been introduced under Section 34 of the Armed Forces Tribunal Act, 2007, and the present writ petition should be transferred to the … Report (1986)), Industrial/Labour Tribunals (LCI, 122nd Report (1987)) and Education Tribunals (LCI, 123rd Report (1987)).89. In R.K. Jain's case 1993 AIR SCW 1899, this Court

P.K.Dutta Vs. Union of Lndia and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 123

Reported in : 1994IIIAD(Delhi)422; 1994(30)DRJ87

him. The General Court Martial proceeded against the petitioner by invoking the provisions 'of Section 123 of the Army Act, 1950 (hereinafter referred to as the 'Act') and placed him in close arrest in military custody with effect from

T.P. Varghese Vs. Branch Manager, Catholic Syrian Bank Ltd., Branch Of ...

Court : Andhra Pradesh

Subject : ServiceCriminal

Acts : Army Act, 1950 - Sections 123; Constitution of India - Articles 14 and 300A

Reported in : 2005(3)ALD752

Major General Madan Lal Yadav (Retd.,), 1996 (3) Supreme 191, considering the provisions of Section 123 of the Army Act, 1950 whereunder the similar expression was used namely 'trial commences' and considering the scope of it, it was held

inderpal Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Criminal

Acts : Army Act, 1950 - Sections 69, 123 and 179; Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Sections 2 and 3; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 432, 433A and 482; Constitution of India - Articles 14, 19, 21, 226, 227, 246 and 254; Army Rules - Rule 204; Code of Criminal Procedure (CrPC) , 1898

Reported in : 1998CriLJ1736

Kulwant Singh was Naik in 29 Infantry Division C/o A.P.O. He was convicted under Section 69 of the Army Act, 1950 (equivalent to Section 302, IPC) at a general Court martial at Pathankot on 12-1-1995 and sentenced to undergo … civil prison may either, with or without condition which the person sentenced accepts release the person on parole. Section 123 of the Army Act says that the provisions of the Army Act apply to the convicted persons during

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

a writ order or direction in the nature of certiorari quashing the order No. 5047/A(PC) dated 30.10.1996 invoking Section 123 of the Army Act annexed as Annexure A to this petition.(b) This Hon'ble Court may direct payment of … 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

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 122 and 123

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

of 2 years with the intention to drag the period beyond 3 years as per Section 123 of Army Act 1950. It is stated that provisions of Sections 123 of the Army Act were invoked against the petitioner vide

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

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 37, 122, 122(1), 123, 153, 154 and 160; ;Constitution of India - Article 226; ;Army Rules - Rules 22 and 177; ;Defence Service Regulations

of Delhi in C.W.P. No. 5451 of 1998 by which (1) the order dated October 30, 1996 invoking Section 123 of the Army Act and taking the respondent in close custody (2) the findings recorded by General Court … the respondent by Court Martial was time barred in view of the provisions of Section 122(1)(b) of the Army Act, 1950.2. The facts emerging from the record of the case are as under:The respondent i.e. Mr. V.N. Singh who

Union of India and ors. Vs. Naresh Chandra Nath

Court : Guwahati

Subject : Service

Acts : Army Act, 1950 - Sections 52, 123(1) and 164(1); Constitution of India - Articles 226 and 227; Air Force Act; Navy Act

on 31.12.1985. Since 31.12.1985 happened to be the date of retirement of the respondent, Section 123(1) of the Army Act, 1950 was invoked. In the trail, besides exhibiting a large number of documents, as many as 11 witnesses were