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Harikant Ramnarayan Singh Vs. Union of India (Uoi) and ors.
Mumbai
Apr-05-2007
Service
Army Act, 1950 - Sections 125, 126 and 126(1); Navy Act, 1957; Air Force Act, 1950; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Criminal Code and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3, 4 and 5; Air Force Law; Army Rules - Rule 125
2007(5)MhLj419
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 … cognizance thereof has already been taken by the competent Criminal Court, whether the Officer Commanding in view of Section 125 of the Army Act is legally entitled to make a request to the Criminal Court to hand over
Tag this Judgment! AI Brief & AskP.K. Choudhury Vs. Commander, 48 Brtf (Gref)
Supreme Court of India
Mar-13-2008
Criminal
Army Act, 1950 - Sections 125 and 126; Prevention of Corruption Act; Indian Penal Code (IPC), 1860 - Sections 166 and 167; Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 468, 468(2), 473 and 482
AIR2008SC1937; 2008(1)ALD(Cri)861; JT2008(3)SC601; 2008(3)SCALE575; 2008AIRSCW2197; 2008(2)AICLR488; 2008(2)AICLR488
be taken as the appellant would be governed by the provisions of Section 125 and 126 of the Army Act, 1950. The said provisions in our considered opinion have no application whatsoever. Section 125 of the Act postulates a
Tag this Judgment! AI Brief & AskSulakhan Singh Vs. Union of India and ors.
Delhi
Feb-13-1987
Criminal
Army Act, 1950 - Sections 125; Code of Criminal Procedure (CrPC) , 1973 - Sections 475; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rule 3
1987(12)DRJ297
Court Martial. (4) Coming to the first point, it will noticed that Sections 125 and 126 of the Army Act, 1950 provide as under :- '125.Choice between Criminal Court and Court-Martial :-When a criminal court and a court martial … itself in respect of any alleged offence, it may. by written notice, require the officer referred to in Section 125 at his option, either to deliver over the offender to the nearest Magistrate to be proceeded against according
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Deputy Inspector General, Border Security Force Vs. the State and anr.
Delhi
Jan-04-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126
2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
the Sections 80 and 81 of the BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused
Tag this Judgment! AI Brief & AskMajor Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...
Chennai
Apr-23-2007
Service
Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)
(2007)4MLJ140
taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have
Tag this Judgment! AI Brief & AskJoginder Singh Vs. State of Himachal Pradesh
Supreme Court of India
Nov-30-1970
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 192, 213, 243, 244, 245, 247, 248, 254 and 549(1); Army Act, 1950 - Sections 70, 125 and 126; Indian Penal Code (IPC), 1860 - Sections 376; Criminal Court-martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4;
AIR1971SC500; 1971CriLJ511; (1971)3SCC86; [1971]2SCR857
245, 247, 248, 254 and 549 (1) of Criminal Procedure Code, 1898, Section 70, 125 and 126 of Army Act, 1950, Section 376 of Indian Penal Code, 1860, Rules 3 and 4 of Court-martial (Adjustment of Jurisdiction) Rules, 1952 -
Tag this Judgment! AI Brief & AskDelhi Special Police Establishment, New Delhi Vs. Lt. Col. S.K. Loraiy ...
Supreme Court of India
Aug-24-1972
Criminal
Army Act, 1950 - Sections 122, 122(1), 122(3), 125 and 127; Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1952 - Rule 3
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 … him on account of the expiry of three years from the date of the commission of the offence.11. Section 125 of the Army Act provides that when a criminal court and a court-martial have each jurisdiction in respect
Tag this Judgment! AI Brief & AskSom Datt Datta Vs. Union of India (Uoi) and ors.
Supreme Court of India
Sep-20-1968
Criminal
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
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 … of the petitioner that the Court Martial had no jurisdiction having regard to the mandatory provisions contained in Section 125 of the Army Act and having also regard to the fact that Maj. Agarwal had, in the first
Tag this Judgment! AI Brief & AskPratap Singh Vs. State
Delhi
Nov-19-1970
Criminal
Army Act, 1950 - Sections 125; Code of Criminal Procedure (CrPC) , 1973 - Sections 549
ILR1970Delhi477
he then was) explained the legal position as follows in Major Barsay's case :- 'SECTION 125 (of the Army Act. 1950') presupposes that in respect of an offence both a criminal Court as well as a Court-martial have each
Tag this Judgment! AI Brief & AskRamesh Chandra Mohanty Vs. State
Orissa
Jan-10-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 475 and 482; Army Act, 1950 - Sections 69, 70 and 125; Code of Criminal Procedure (CrPC) - Sections 549(1)
2000(II)OLR603
has been raised before this Court. Attention of the Court has been drawn to Section 69 of the Army Act, 1950. It is provided that subject to the provisions of Section 70, any person subject to this Act who … by Court-martial. The offences have been enumerated therein. It is argued from the Bar that in view of Section 125 of the said Act, choice between Criminal Court and Court-martial, when a Criminal Court and a Court-martial have
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