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J.P. Ratan Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 135 and 135(3)

Reported in : 2008(6)ALD293; 2008(6)ALT180

be present before the Court Martial Proceedings without following the procedure as contemplated under Section 135(3) of the Army Act, 1950.2. When the writ petition came up for admission, Sri M. Ratna Reddy, learned Standing Counsel of Central Government

Major Uday Nangia, Officer's Mess, Officers Training Academy Vs. the A ...

Court : Chennai

Subject : Service

Acts : Army Act, 1950 - Sections 109, 125, 135, 153 and 164; Code of Criminal Procedure (CrPC) ; Indian Penal Code (IPC) - Sections 285, 306 and 498A; Army Rules, 1954 - Rules 3(1), 34, 34(1), 136, 137 and 137(2)

Reported in : (2007)4MLJ140

taken by the second respondent General Court Martial [for short, 'GCM'] exercising option under Section 125 of the Army Act, 1950, which reads as under:Section 125. Choice between criminal court and court-martialWhen a criminal court and a court-martial have … given. The learned Counsel drew the attention of the relevant provisions of the Army Act and particularly, to Section 135 of the Army Act as well as Rules 34, 136 and 137 of the Army Rules, which read

J.S. Naik Vs. Asst. Commissioner, Air Customs and anr.

Court : Kerala

Subject : Criminal

Acts : Customs Act, 1962 - Sections 108, 123 and 135; Preventive Detention Act; Maintenance of Internal Security Act; Army Act, 1950 - Sections 2; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1974 - Sections 428 and 482; Indian Penal Code (IPC) - Sections 120A, 120B, 395 and 447;

Reported in : 1999CriLJ425

the Supreme Court has held that a person convicted and sentenced by the General Court Martial under the Army Act, 1950 is not entitled to the benefit under Section 428 of the Cr. P.C. of set off of his … Flight No. 1C 993 from Calicut Airport, the Customs officials registered a case in O.S. 185/ 1995 under Section 135 of the Customs Act, 1962 against the petitioner and two others. During the relevant period the petitioner was

Ex Lance Naik Krishan Kumar Vs. Union of India (Uoi) Through Secretary ...

Court : Uttaranchal

Subject : Service

court- martial against the appellant. In this behalf our pointed attention was drawn to Section 130 of the Army Act, 1950. Section 130 of the aforesaid is being extracted hereunder:130. Challenges.- (1) At al trials by general, district or summary … 23.02.2005, whereby he had been dismissed from service, by approaching this Court by filing Writ Petition (S/S) No. 135 of 2006. During the course of hearing of the aforesaid writ petition, it was not the case of

Union of India (Uoi) and ors. Vs. Xi Additional Chief Metropolitan Mag ...

Court : Karnataka

Subject : Criminal

Acts : Army Act, 1950 - Sections 135(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 72

Reported in : 2002(5)KarLJ275

examination. The summons were issued to the witness through Magistrate under the provisions of Section 135(3) of the Army Act. Therefore, the Assistant Judge, Advocate General, Headquarters, Southern Command, made a request to Chief Metropolitan Magistrate for issuance

Cpl Ashish Kumar Chauhan (retd.) Vs. Commanding Officer

Court : Supreme Court of India

Subject : Land Acquisition

have failed to produce the copy of the notice/summons served to the appellant under Section 135 of the Army Act, 1950 regarding the CoI, which alleged that the appellant was called for the inquiry but did not attend its

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

Ors., The learned counsel has drawn our attention to the fact that Sections 162 and 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that … Rule 134 of the BSF Rules provides for translation of evidence. Rule 135 thereof speaks of assembly of the Court. Rule 138 speaks of arraignment … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

Sadhana JaIn Vs. P. Sudhir

Court : Delhi

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Customs Act, 1962 - Sections 132 and 135(1); Constitution of India - Article 20(2)

Reported in : 2004(76)DRJ15; 2004(173)ELT231(Del)

quashed--Customs Act, Section 135 & 132. - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna & S.L.Bhayana,JJ] Army Act (46 of 1950), Section 192 & Pension Regulations for the Army (1961), Regulation. 173 Claimant was on casual

Naushad Khan Vs. Deputy Commissioner of Customs

Court : Delhi

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 132 and 135(1)

Reported in : 123(2005)DLT602; 2005(84)DRJ280; 2006(194)ELT22(Del)

increasing the fine to Rs. 20,000/-. - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna & S.L.Bhayana,JJ] Army Act (46 of 1950), Section 192 & Pension Regulations for the Army (1961), Regulation. 173 Claimant was on casual … dated 28th May, 2003 and order on sentence dated 31st May, 2003 holding the Petitioner guilty under Section 135(1)(a) and Section 132 of the Customs Act, 1962 2. It is contended by Counsel for the Petitioner that

Kulwant Singh Vs. Air Customs

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 82 482; Customs Act, 1962 - Sections 132 and 135

Reported in : 2004(72)DRJ200

Act, 1962, Sections 132 and 135. - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna & S.L.Bhayana,JJ] Army Act (46 of 1950), Section 192 & Pension Regulations for the Army (1961), Regulation. 173 Claimant was on casual