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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 … of three years from the date of the commission of the offence, he cannot be go scot free. Section 127 of the Army Act provides that when a person is convicted or acquitted by a court-martial, he may,

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 … is one section which contemplates a trial by a criminal Court after a trial by a court-martial. Under Section 127(1) of the Act, a person convicted or acquitted by a court-martial may, with the previous sanction of the

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 … directed that instead of intervals of two months the Army authorities should, having regard to the provision of Section 127 of the Army Act, inform his Court as to the progress of the case at intervals of four

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

a reference thereto was barred by limitation. The Court Martial was, therefore, dissolved Under Section 117 of the Army Act, 1950, (referred to hereinafter as 'the Act') and the respondent was handed over to the civil authorities for being … for the same offence by a court-martial or dealt with under the said sections. 11. Sub-section (1) of Section 127 of the Army Act provides thus: ' 127. Successive trials by a criminal court and court-martial(1) A person

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 … only and once taken cannot be changed in spite of a change in fact situation and prevailing circumstances.28. Section 127 was to be found in Army as originally enacted which provided that a person convicted or acquitted by

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

expiry of three years from the date of the commission of the offence, the cannot go scot free. Section 127 of the Army Act provides that when a person is convicted or acquitted by a Court Martial, he … 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

Major Radha Krishan Vs. Union of India and Others Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 19, 34, 37, 122 and 127; Army Rules, 1954 - Rule 14; Code of Criminal Procedure (CrPC) - Sections 473

Reported in : 1996IIIAD(SC)636; AIR1996SC3091; [1996(73)FLR1430]; JT1996(3)SC650; 1996(3)SCALE241; (1996)3SCC507; [1996]3SCR836; 1996(1)LC817(SC); (1996)2UPLBEC1410; MANU/SC/0811/1996

calling upon him to show cause why his services should not be terminated under Section 19 of the Army Act, 1950 ('Act' for short) read with Rule 14 of the Army Rules, 1954('Rules' for short) for the misconducts he … the import of the words 'impracticable' or 'inexpedient' as appearing therein and proceeded on the basis that since Section 127 of the Act (since repealed) permitted trial even after a conviction or acquittal by a Court Martial, it

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Constitution of India - Articles 19(1), 21, 32 and 33; Army Rules, 1954 - Rules 22 to 25, 37, 40, 41, 42, 44, 180, 187 and 187(3); Army Act, 1950 - Sections 7, 8, 113, 125, 191 and 192; Code of Criminal Procedure (CrPC)

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC); MANU/SC/0233/1982

been initialled by the officer reported upon is the gravamen of the charge under Section 45 of the Army Act on which the petitioner is called upon to face a trial by the General Court Martial convened under … failed to comply with two pre-conditions incorporated in the proviso to Section 5A of the Prevention of Corruption Act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. The High Court held that … by a court-martial and the ordinary criminal court is distinctly possible in view of the provision contained in Section 127. Chapter VII sets out the various punishments which can be imposed under the Act. Chapter VIII deals with

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1984CriLJ718

assembly of the court of enquiry is in the nature of review which is not authorised by the Army Act, 1950 or the rules framed thereunder and as such the convening of the Court of Inquiry for the second … custody of the offenders without any provision of bail is also discriminatory. It has also been submitted that Section 127 of the Act is also violative of Article 20, Sub-article (2) Constitution inasmuch as it provides for successive

Capt. U.R. Roy Choudhury Vs. the State

Court : Kolkata

Subject : Criminal

Reported in : 1976CriLJ796

be no manner of doubt that the offences alleged come within the purview of Section 52 of the Army Act, 1950. Therefore, such offences could be also tried by the court martial. It is only with regard to the … be instituted for the determination of the Central Government, whose order in such reference shall be final.8. Under Section 127 of the Army Act 1950.-A person convicted or acquitted by a court martial may, with the previous sanction