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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

Union of India and Others Vs. Ranjit Thakur

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Army Act, 1950 - Section 130

Reported in : 1988Supp(1)SCC525

conduct of the Court Martial there was violation of the mandatory provisions of Section 130 of the Indian Army Act, 1950. In the present review petition it is pointed out - prima facie with some justification - that the

Ranjit Thakur Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 41, 130 and 130(1); Constitution of India - Article 226

Reported in : AIR1987SC2386; 1988CriLJ158; JT1987(4)SC93; (1988)ILLJ256SC; 1987(2)SCALE773; (1987)4SCC611; [1988]1SCR512; 1989(1)SLJ109(SC); MANU/SC/0691/1987

substantial question as to the scope and content of the procedural safe-guards in Section 130 of the Indian Army Act, 1950 ('Act') in the conduct of the Courts-Martial.The High Court dismissed, in limine, the appellant's writ petition, under Article

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

in support of his case :(i) the summary court martial proceedings were conducted in violation of provisions of Section 130 of Army Act, 1950, hence, the entire proceedings are vitiated.(ii) the proceedings of summary court martial are vitiated … 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.

Ram Kumar Vs. the Chief of the Army Staff

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 130

Reported in : AIR1985Delhi374

on the court'. It is called a 'challenge'. The procedure is set out in section 130 of the Army Act 1950. which reads as follows Challenges. (1)At all trials by general, district or summary general court-martial, as soon as

Chandra Kumar Chopra Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Section 164(1), 27, 130, 109, 122, 71, 72, 73, 63; Army Rules, 1954 - Rule 44

to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short ‘the Act’) had passed an order of confirmation as regards the sentence of cashiering but reduced … the composition of Court Martial was vitiated. The Presiding Officer and other Members of Court Martial adverted to Section 130 of the Act and Rule 44 of the Army Rules, 1954 (for short ‘the Rules’) and eventually repelled

J.S. Sekhon Vs. Union of India

Court : Supreme Court of India

Subject : Army Regulation

Acts : Section 130, 122 (1) (b) of the Army Act, 1950; Rule-44 of the Army Rules,1954

objections of being tried by any officer sitting on the court in accordance with Section 130 of the Army Act, 1950 read with Rule-44 of the Army Rules, 1954. He raised no objection at the time. However, at a

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

Banka Das, Vs. State of Orissa

Court : Orissa

Subject : NarcoticsCriminal

Acts : Constitution of India - Articles 21 and 22; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 36D, 37, 37(1) 42, 43, 44, 49, 50, 50(1), 50(2), 50(19) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 193

Reported in : 1993CriLJ442; 1992(II)OLR395

instances where the legislature has specifically provided for such intimation. We may refer to Section 130 of the Army Act, 1950, which clearly provides that a person is to be informed that he has the right to object to

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431

substance in the complaint, suitable action has been taken against the person concerned under the provisions of the Army Act. The learned Attorney General has placed before us instructions in the form of a list of 'Do's and … punishable under Sections 41, 42(e), 63 and 64(f) of the Army Act, 1950.61. In State of Uttar Pradesh v. Chandra Mohan Nigam and Ors. : … following provisions contained in Sections 130 and 131 of the Criminal Procedure Code, 1973 (for short Cr. P.C.) :-'Section 130. Use of armed forces to disperse assembly.- (1) If any such assembly cannot be otherwise dispersed, and if