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P.K. Choudhury Vs. Commander, 48 Brtf (Gref)

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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

Joginder Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : 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;

Reported in : 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 -

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Subject : Criminal

Acts : 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

Reported in : 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

Harikant Ramnarayan Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : 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

Reported in : 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 … both by a Criminal Court as well as a Court-martial, Sections 125, 126 and the Rules, have made suitable provisions to avoid a conflict of

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 … of opinion that the said offence shall be tried before itself, it may issue the requisite notice under Section 126 either to deliver over the offender to the nearest magistrate or to postpone the proceedings pending a reference

Harpreet Singh and Others Vs. State of Delhi

Court : Delhi

Subject : Criminal

we examine and decide the legal contention raised by Harpreet relying upon Sections 69 and 70 of the Army Act, 1950 (Army Act, for short) read with Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 (Rules, for … we deem it appropriate to reproduce Sections 3(i), 69, 70, 125 and 126 of the Army Act and Section 475 of the Code of Criminal … order of sentence dated 22nd August, 2009. The appellants Harpreet Singh and Satyender Singh have been convicted under Section 376(2)(g) of the Indian Penal Code, 1860 (IPC, for short) and all the appellants-accused have been convicted under

Major E.G. Barsay Vs. the State

Court : Mumbai

Subject : Criminal

Reported in : (1958)60BOMLR159

charge.14. The second point as regards the legality of the trial is raised under the provisions of the Army Act, 1950, by Mr. Purshottam on behalf of accused No. 1. That again is a point which has been raised … the second part of Mr. Purshottam's argument that the provisions of Section 69 read with Section 125 and Section 126 of the Army Act have not been complied with so far as accused No. 1 is concerned and,

Sulakhan Singh Vs. Union of India and ors.

Court : Delhi

Subject : Criminal

Acts : 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

Reported in : 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 … forum of trial. If a person serving in the defense service, the choice is of the Army Authority. Section 126 of the Army Act contemplates that ordinary established Criminal Courts on the request by the Army Authorities will

Lt. Col. U.G. Menon and anr. Vs. State of Rajasthan

Court : Rajasthan

Subject : CriminalService

Acts : Army Act, 1950 - Sections 122, 125 and 126; Code of Criminal Procedure (CrPC) , 1898 - Sections 549; Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 5, 6, 8 and 9

Reported in : AIR1969Raj115

C., Centre, Alwar. It was also pointed out by the Public Prosecutor that under Section 122 of the Army Act, 1950, the Limitation of three years prescribed for the trial by court-martial had expired with the close of the … counsel also argued that Rule 8 of the Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1952, and Section 126 of the Army Act are not applicable to the present case. Learned Deputy Government Advocate supported the order

Major E.G. Barsay Vs. the State of Bombay

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act - Sections 5(1); Indian Penal Code (IPC), 1860 - Sections 34, 120-B, 381 and 411; The Army Act, 1950 - Sections 52, 69, 125 and 126

Reported in : AIR1961SC1762; 1961CriLJ828; [1962]2SCR195

Army Act. 18. The argument of learned counsel for the appellant may be briefly stated thus : The Army Act, 1950 (46 of 1950) created new offences. Section 52 of the said Act created offences with which accused in … only to the second category of offences. Assuming that the said contention was wrong, it was argued, s. 126 of the Army Act is peremptory in its language, namely, that a criminal court shall not have jurisdiction