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Chandra Pal Singh Vs. General Officer, Commanding-in-chief, Headquarte ...

Court : Allahabad

Subject : Service

Acts : Army Act, 1950 - Sections 133 and 164(2); Army Rules, 59 and 60; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 164 and 207; Constitution of India - Article 226

Reported in : 1998(1)AWC53

his earlier statement. There is no dispute that the petitioner being an army personnel is subject to the Army Act, 1950. Chapter X of the Act deals with Courts Martial and Chapter XI deals with Procedure of Courts Martial. … a breach of the principle underlying Section 207, Cr. P.C. He has further submitted that by virtue of Section 133 of the Army Act, the Indian Evidence Act has been made applicable to all proceedings before a Court

Union of India and ors. Vs. Dinesh Prasad.

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 39(a), 116, 191, 71; Army Rules, 1954 - Rules 31, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 39

On 03.08.2001, Col. A.S. Sehrawat, Commandant, under his signature served a charge sheet under Section 39(a) of the Army Act, 1950 (for short, 'Army Act') on the respondent for the absence without leave for 808 days. The Commandant constituted … provost-marshal or assistant provost-marshal is disqualified from serving on a general court-martial or district court-martial.”14. Rules 106 to 133 of the Army Rules provide for the proceedings for conduct of summary court-martial. The summary court-martial has to

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the Chief of the Army Staff confirming the proceedings of the court martial under Section 164 of the Army Act, 1950 was illegal since no reason had been given in support of the order by the Chief of the … that Rule 99 will not apply to SSFC. The procedure for SSFC is provided in Chapter XI (Rules 133 to Rule 161), which alone is relevant here. It must be noted here that though Rule 99 was

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. … of accused as new friend of the accused.17. Section 3 of Army Rules, 1954. Rule 106 to Rule 133 contains procedure to be followed in summary court martial. Rule 129 is being extracted below :'129. Friend of

Union of India and anr. Vs. P.D. Yadav

Court : Supreme Court of India

Subject : Service

Acts : Navy (Pension) Regulations, 1964 - Regulation 15(2); Army Act, 1950 - Sections 71 and 73; Constitution of India - Articles 20 to 22 and 300A; Army Rules, 1950 - Rules 14, 14(5) and 15; Navy Act, 1957 - Sections 27, 45, 47, 48, 81 and 82; Military Engineer Services Regulations, 1968; Army Pension Regulations, 1961 - Regulations 2-A(4), 3, 4 and 16; Army Pension Act - Sections 16; Financial Regulation, 1983 - Rule 133

Reported in : 2001IXAD(SC)30; [2001(91)FLR961]; JT2001(8)SC617; 2001LabIC4014; 2001(7)SCALE270; (2002)1SCC405; 2001(4)SCT1002(SC); 2002(1)SLJ299(SC); (2002)1UPLBEC118

powers of MG ASC, HQ Southern Command. 10. We notice the relevant provisions of the Acts and Regulations:-The Army Act 1950 '71. Punishments awardable by courts-martial.- Punishments may be inflicted in respect of offences committed by persons subject to … he was tried by General Court Martial on certain charges and was dismissed from service on 13.6.1988 under Section 71 of the Army At. He submitted papers for payment of pension stating that he had qualifying service. … the financial powers of MG ASC, HQ Southhern Command, contrary to Rule 133 of Financial Regulation Part I (Volume I). 1983. Which prohibits such splitting-up.

Dev Anand Singh Vs. Union of India and ors.

Court : Jammu and Kashmir

Subject : Criminal

Reported in : 1987CriLJ8

also, the petitioner was, therefore, convicted by the General Court Martial Under Sections 63 and 69 of the Army Act, 1950 (hereinafter called the Act). It is also denied that the provisions of Official Secrets Act for the grant … the IPC; as such the trial is vitiated as the provisions of Cr. P.C. as well as of Section 133 of the Evidence Act are violated, the finding of guilty is based on an alleged retracted confession made

General Court Martial and ors. Vs. Col. Aniltej Singh Dhaliwal

Court : Supreme Court of India

Subject : CriminalService

Acts : Evidence Act, 1872 - Sections 94; Army Rules - Rule 182; Army Act, 1950 - Sections 133 and 134

Reported in : AIR1998SC983; 1998(1)ALD(Cri)470; 1998(1)ALT(Cri)185; 1998CriLJ1402; 1998(1)Crimes62(SC); JT1998(4)SC228; 1997(7)SCALE717; (1998)1SCC756; [1997]Supp6SCR470; (1998)1UPLBEC24

following incidents and offences will be reported :-(a) All cases of assault and affray where persons subject to Army Act are involved.(b) Breaches of discipline :-(i) Collective insubordination.(ii) Suicide, attempted or suspected suicide; (iii) Murder or an attempt … on error that document was inadmissible in evidence.HELD See paras 11 to 13. - INDIAN EVIDENCE ACT, 1872 Section 3: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Appreciation of evidence - Murder Witness giving priority to giving medical aid to

Ex. Major R.S. Budhwar Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Army Rules, 1959 - Rules 22 to 25 and 37; Constitution of India, 1950 - Article 226

Reported in : 58(1995)DLT339; 1995(34)DRJ426

was a prima facie case against these three accused persons which ought to be proceeded with under the Army Act, 1950 and that they be tried by a General Court-Martial. Signed at Dinjan this Fourth day of January, 1989.Place: … said to be confession of co-accused under Section 30 of Evidence Act nor testimony of the accomplice under Section 133 read with Section 114(b) of the Evidence Act. They are ordinary witnesses because they have already been convicted

Major R.S. Budhwar Vs. Union of India and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act - Sections 69 and 164; Constitution of India - Article 226; Indian Penal Code (IPC) - Sections 34, 109 and 302

Reported in : 1996IVAD(SC)213; AIR1996SC2000; 1996(2)ALD(Cri)226; 1996CriLJ2862; 1996(2)Crimes154(SC); JT1996(5)SC39; 1996(4)SCALE269; (1996)9SCC502; [1996]Supp2SCR528

of imprisonment for life and cashiering. Aggrieved thereby the appellant presented a petition under Section 164(1) of the Army Act, 1950 ('Act' for short) wherein he prayed that the findings and sentences recorded against him be not confirmed. The … or unreliable. In responding to the other contention of Mr. Lalit, Mr. Goswami first drew our attention to Section 133 of the Act which makes, subject to its provisions, Evidence Act, 1872 applicable to all proceedings before a

Narendra Pal Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Service

Acts : Army Rules - Rule 22(1), 22(2) and 22(3)

Reported in : (2001)3UPLBEC2253

holding the rank of Acting Lance Nayak was chargesheeted vide charge-sheet dated 18.6.1993 under Section 52 of the Army Act, 1950 for having committed theft in respect of Carbine, Machinegun 9 m.m. Regd. No. ZZ-1945, the property of the … were forwarded to the next superior officer, Deputy Judge, Advocate General for his perusal as required under Rule 133 of the Army Rules and as such no exception can be taken to the proceedings of the impugned