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Balbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Air Force Act, 1950 - Sections 4, 9, 72, 124 and 125; Leave Rules - Rule 9; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 6; Code of Criminal Procedure (CrPC) - +, 1973 - Sections 475; Army Act, 1950; Indian Penal Code (IPC) - Sections 34, 302 and 325

Reported in : 1995(43)BLJR343; 1994(4)SCALE904; (1995)1SCC90; [1994]Supp5SCR422; 1995(1)LC275(SC)

be tried by Court-martial. - (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of … - Sections 302 and 34 of Indian Penal Code, 1860, Sections 72, 124 and 125 of Air Force Act, 1950, Section 475 of Criminal Procedure Code, 1973 and Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 -

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, … reported in Sampath Kumar v. Union of India : 1987 (1) SCC 124, wherein view was taken, that though judicial review is basic feature of … 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

Ordinance Clothing Factory Workers Union Rep. by Its Secretary, N.J. R ...

Court : Chennai

Subject : Other Taxes

Acts : Army Act, 1950 - Sections 2, 2(1), 3 and 21; Tamil Nadu District Municipalities Act - Sections 124D and 124J; Territorial Army Act, 1948 - Sections 9(1); Air Force Act, 1950; Navy Act, 1957; Central Reserve Police Force Act, 1949; Army Rules, 1954 - Rule 19; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Civil Service Regulations; Constitution of India - Articles 19 and 33

Reported in : (2009)6MLJ269

SC 1179 wherein, in paragraph Nos. 11 and 12, it has been held as follows:11. In enacting the Army Act, 1950, insofar as it restricts or abrogates any of the fundamental rights of the members of the armed forces, … by the Tamil Nadu District Municipalities Act. The third respondent has initiated proceedings to collect Profession Tax under Section 124-D of the Tamil Nadu District Municipalities Act. On the ground that under Section 124-J of the Act,

Tham Bahadur Gaurang and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Subject : Criminal

Reported in : (1984)1GLR429

challenge is that Sections 124 & 125 of the Army Act are unconstitutional and so also Rule-61. Now Section 124 of the Army Act, 1950 reads as under:124. Place of trial - Any person subject to this Act … pressed into service. Now they are charged for committing the offences under Sections 37(b) & 40(a) of the Army Act, 1950. Section 37 reads as under:37. Mutiny - Any person subject to this Act who commits any of the following

Union of India (Uoi) Through Major General H.C. Pathak Vs. Major S.K. ...

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) 1973 - Sections 190, 200 to 203, 204, 204(1), 475 and 475(1); Army Act, 1950 - Sections 124, 125 and 127; Army Rules, 1950 - Rules 22 and 177; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 3 to 8; Constitution of India - Articles 20 and 33; Indian Penal Code (IPC), 1860 - Sections 217, 323, 352 and 355

Reported in : AIR1987SC1878; 1987CriLJ1912; JT1987(3)SC12; 1987(2)SCALE12; (1987)3SCC490; [1987]3SCR456; 1987(2)LC362(SC)

procedure laid down in Army Rule 22 of Army Rules, 1954 and that under Section 125 of the Army Act 1950 read with Army Rule 197A of the Army Rules and the Criminal Court and Court Martial (Adjustment of … investigations by a departmental court of inquiry did not seem permissible in the case. However, having regard to Section 124 of the Army Act which conferred absolute power on the Army authorities to choose the venue of trial

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 … the offence charged subject to such exceptions or variations”.15. Rule 123 provides for procedure on conviction and Rule 124 deals with the sentence. Rule 187(3)(a) provides that every battalion is 'corps' for the purpose of summary court-martial.16.

Cpl. Gokul Ram Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Criminal

Reported in : 1983CriLJ1223

first take up the argument relating.to the vires of. Section 124 of the Act. Section 125 of the Army Act (No XLVI of 1950 is in pari materia with Section 124 of the Act. A contention was raked

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

Subject : Land Acquisition

of Section 72 of the Air Force Act, 1950 (corresponding to Section 70 of the Army Act), Sections 124 and 125 of the said Act (corresponding to Sections 125 and 126 of the Army Act) and the … that “a militant or terrorist or insurgent, is an ‘Enemy’ within the aforesaid definition [Section 3(x) of the Army Act, 1950]. and it is the bounden duty of all Army Personnel to act against a militant or a terrorist

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 … who was then posted as Chief Justice of the Karnataka High Court, under Article 217 read with Article 124(4) of the Constitution of India. The notice enumerated the acts of misbehaviour allegedly committed by the petitioner and

Akhil G Vs. the Union of India and Others

Court : Kerala

Subject : Land Acquisition

far as going by the definition of “service matters” in Section 3(o), only over persons subject to the Army Act, 1950, the Tribunal will have jurisdiction and persons seeking appointment and enrolment concerned do not become subject to the … and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of