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

Court : Allahabad

Subject : ServiceConstitution

Acts : Constitution of India - Articles 22 and 33; Army Act, 1950 - Sections 21; Army Rules, 1954 - Rules 22 and 129

Reported in : 2004(3)AWC2752

Havaldar (OPR) in 129 AD Regiment when he was charge-sheeted for two offences under Section 40(c) of the Army Act, 1950. He was tried by a Summary Court Martial and was awarded the following punishment :(a) to be reduced

Major Charanjit Singh Gill Vs. Union of India and ors.

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 21 and 226;; Army Rules, 1954 - Rules 39, 39(2), 40, 40 (1) and (2), 42, 42(2), 45, 46, 102, 103 and 105(8);; Army Act, 1950 - Sections 109, 113, 129 and 160(2)

Reported in : (1999)2CALLT300(HC)

all, we have to take into account the meaing of the 'Judge-Advocate'. It appears section 129 of the Army Act, 1950 provides for the same and which is as follows :'129. Judge Advocate--Every General Court-Martial shall, and every district

Taj Mohamad Sheikh Vs. Union of India and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 130

Reported in : 1996IAD(Delhi)117; 61(1996)DLT197; 1996(36)DRJ268

Division Bench of Rajasthan High Court 1981(1) R Lr 916, cited at pt.4 below Section 130 of the Army Act, 1950 at pages 346-347 of the Air Manual 5th Edition Vol.2) (8) For the foregoing reasons, we Find the … the Army Act. 2.1Developing the contention so raised, the learned counsel for the petitioner has submitted that under Section 129 of the Act, a court martial cannot proceed unless attended by a judge-advocate. Under Rule 102 of Army

M.Z.H. Khan Vs. Chief of Army Staff, New Delhi and ors.

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 3, 3(4), 26, 27, 56, 56(A), 63, 71, 116, 122, 130, 164(2), 169, 169(1), 169(3) and 169(4); Army Rules, 1954 - Rules 33, 33(7), 34, 34(1), 34(2), 36, 106 to 133, 184 and 203; Constitution of India - Article 22(I)

Reported in : 2001(4)AWC2794; (2001)3UPLBEC2202

three months in civil jail,(b) to be dismissed from service.4. Petitioner filed statutory petition under Section 164(2) of Army Act, 1950, which was kept pending and not decided hence the petitioner filed a Writ Petition No. 37038 of 1998. … court martial proceedings are vitiated.16. The next submission made by the counsel for the petitioner is that Rule 129 of the Army Rules have been violated since the petitioner was denied assistance of a civil lawyer to

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 130, 153, 154, 158, 160, 162, 164, 191 and 192; Army Rules, 1954 - Rules 37, 39, 40, 44, 52, 53, 54, 55, 56, 60, 61, 62, 66(1), 69, 70, 71, 89, 102, 103, 105, 113 and 129; Army Rules, 1959; Indian Army Act, 1911; U.K. Act; Court Martial (Appeals) Act, 1951; Court Martial (appeals) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of justice Act, 1968; Military Justice Act, 1968; Constitution of India - Article 71(2), 233 and 235; Representation of the People Act, 1951 - Sections 107(2)

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

keeping in view the report of the Select Committee appointed for the purpose. Prior to the enactment of Army Act, 1950, there existed the Indian Army Act, 1911 made and applied by the British Rulers. Feeling that some of … and 118 of the Act. The procedure of court martial is detailed in Chapter XI of the Act. Section 129 mandates that every general court- martial shall be attended by a judge advocate, who shall be either an

Naik Shekharappa Olekar S/O Late Hanumappa Olekar Vs. Union of India ( ...

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 34 to 68, 69, 71, 108, 109, 110, 112, 118, 129, 153, 158, 160, 161, 162, 163, 164 and 164(2); Court Martial (Appeal) Act, 1951; Court Martial (appeals) (Amendment) Act, 1968; Uniform Code of Military Justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Army Rules, 1954 - Rules 22, 34, 62, 179, 180 and 184; Army Regulations; Constitution of India - Articles 226 and 227; Indian Penal Code

Reported in : 2007(1)AIRKarR185

is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the Army Act, 1950 [for short, the Act, particularly under Section 39(a) of the Act on being tried by Summary Court Martial … and 118 of the Act The procedure of court martials is detailed in Chapter XI of the Act. Section 129 mandates that every general court-martial shall be attended by a judge advocate, who shall be either an officer

Ex. Rect. Lachhman Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 39, 80 and 120(3); ;Army Rule, 1954 - Rules 22, 22(1), 115, 115(2), 115(2A), 129 and 180

Reported in : 2003(1)SLJ237(Delhi)

the charge. Next that though the petitioner was served with a charge sheet under Section 39(a) of the Army Act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of … the Accused' to advise him as to the procedure for the summary court martial in terms of Rule 129 of the Rules. Further, the petitioner being a recruit was governed by the Army Act and was thereforee

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Subject : ServiceCivil

Acts : Army Act, 1950 - Sections 39, 48, 69, 120(2), 147, and 165; Army Rules, 1954 - Rules 22, 33, 34, 129 and 147; Constitution of India - Article 226

Reported in : (2004)1UPLBEC266

Court Martial was not permissible;(iv) That there was gross violation of Rule 129 of the Army Rules which entitles an accused to the assistance of … 6.7.1992 and the three charges framed against him were as follows :* First under Section 69 of the Army Act for committing civil offence, that is to say using force on a woman with intent to outrage her … my conclusion, some of the relevant provisions of the Army Act and Rules may be reproduced below:--The Army, 1950--'Section 120. Powers of Summary Courts Martial.--(1) Subject to the provisions of Sub-section (2), a Summary Court Martial may

Viveky Rai vs.union of India & Ors

Court : Delhi

Subject : Education

NO.3629/2015 Page 1 of 11 had, in exercise of powers conferred inter alia by Section 18 of the Army Act, 1950, been pleased to be deemed to have withdraw pleasure and order the services of the petitioner to be … the petitioner would be embodied on permanent staff under the Territorial Army Act.3. On 16.08.2001, the petitioner joined 129 Infantry Battalion (TA), which was deployed in Jammu & Kashmir. After the petitioner was deployed in the 129

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … accused of an offence punishable with death or with imprisonment for life.30. Reference is also made to Sections 129 to 132 of the Cr.P.C. relating to the “Maintenance of Public Order and Tranquility”. These sections allow the