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V.C. Rajan and anr. Vs. the Presiding Officer of General Court Martial ...

Court : Andhra Pradesh

Subject : ConstitutionCivil

Acts : Army Act, 1950 - Sections 153, 154 and 164(2); Army Rules, 1950 - Rule 147; Constitution of India - Article 226

Reported in : 1996(1)ALT745

Martial proceedings is that the General Court Martial was conducted without complying with the mandatory requirements of Rule 147 of the Army Rules, 1950 (hereinafter referred to as the Rules) and the whole trial conducted was only … belonging to the Government. The chargesheet is dated 22-7-1986. The charges were framed under Section 52(a) of the Army Act, 1950 (hereinafter referred to as the Act) against the two petitioners herein and also against one Naik Sh. Shajahan

Veer Bhan (Sepoy) Vs. the Chief of the Army Staff and anr.

Court : Delhi

Subject : CivilService

Acts : Army Act, 1950 - Sections 52, 115, 161 and 162; Army Rules, 1954 - Rules 2A, 33, 33(7), 34, 70, 115(2), 132 and 147; Constitution of India - Article 21

Reported in : 114(2004)DLT667

dated 11th July, 1994 whereby the petitioner was found guilty of the charge under Section 52(b) of the Army Act, 1950 and was sentenced to rigorous imprisonment of four months and dismissal from service.2. The petitioner joined the Indian … record that Col. K.K. Bhattacharya has apprised the petitioner of his rights under the provisions of Army Rule 147 only on the 31st December, 1994. On this date, he has informed the petitioner that he was entitled

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

had not been handed over to the petitioner as provided under Rule 147 of the Army Rules and as such it was contended that the … 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

Union of India and Others Vs. Nabib Subedar R. Vanangamudi

Court : Karnataka

Subject : Service

Acts : Army Act, 1950 - Sections 52 and 164; Army Rules, 1954 - Rules 44, 62(1) and 147; Constitution of India - Articles 14, 16, 33 and 227(4)

Reported in : 1999(2)ALT(Cri)263; 1999(4)KarLJ168

Acts/Rules/Orders:Army Act, 1950 - Sections 52 and 164;Army Rules, 1954 - Rules 44, 62(1) and 147;Constitution of India - Articles … Acts/Rules/Orders:Army Act, 1950 - Sections 52 and 164;Army Rules, 1954 - Rules 44, 62(1) and 147;Constitution of India - Articles 14, 16, 33

Union of India (Uoi) and ors. Vs. Ex. Sqn. Ldr. R. Sood

Court : Delhi

Subject : Service

Acts : Air Force Act, 1950 - Sections 19, 37, 121 and 122(1); Air Force Rules, 1969 - Rules 14, 14(2), 14(7), 16, 16(2) and 17; Army Act - Sections 19 and 122; Indian Penal Code (IPC) - Sections 147, 149, 365 and 304; Code of Criminal Procedure (CrPC) - Sections 197(2); Constitution of India - Sections 311(2)

Reported in : 2008(102)DRJ52

of an army personnel. The provision, which was discussed in the said decision, was Sections 19, 122 of Army Act read with Rule 14(7) of Army Rules.12. The issue, thereforee, which arises for our consideration in this case … Forces. The respondent was dismissed from service by the Central Government under Section 19 of the Air Force Act, 1950 read with Rule 16 of the Air Force Rules, 1969 by issuing an order dated 22nd September, 1993. … Singh. A criminal case was also filed by the police under Sections 147, 365, 304 read with 149 of the Indian Penal Code against the

Abhimanyu Vs. The Union of India and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

maintained. Writ Petition is disposed of in the above terms. No costs. Constitution of India, 1950 Article 226 Army Act, 1950 Section 44 Section 164 Conviction and dismissal Petitioner challenged validity of order of conviction and dismissal in Summary Court … followed. It is submitted that the Judicial Magistrate First Class at Ahmedpur acquitted the petitioner in RCC No. 147/1999. The learned counsel invited our attention to the provisions of Section 44 of the Army Act and submits

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Army Act, 1950 - Sections 18, 19, 63, 69, 117(3), 154, 160(4) and 165; Army Rules, 1954 - Rules 17, 23, 23(5), 82(3) and 147A; Indian Official Secrets Act, 1923 - Sections 3, 3(1) and 5; Army Pension Regulations, 1961 - Regulations 3 and 22; Constitution of India - Articles 1, 11, 14, 19(1), 19(5), 21, 31(1), 33, 53, 74, 74(1), 77, 154, 163(1), 226, 309, 310, 310(1), 311, 311(2) and 356; Air Force Act, 1950 - Sections 18 and 19; Air Force Rules, 1969 - Rule 16; Railway Establishment Code - Rules 148, 148(3), 149 and 149(3); Government of India Act, 1919 - Sections 96B; Constitution of India (Fiftieth Amendment) Act, 1984

Reported in : 95(2002)DLT770

neighbourly relations.' 35. The argument before the learned Single Judge was that order under Section 18 of the Army Act, 1950 had been passed without any justifiable reasons and it is an order of dismissal on account of misconduct … from the above named convict.2. The above named convict may be informed that under the provisions of Rule 147/A of the Army Rules, 1954, the Central Government have specified that it is against the interest of the

Brig. R.P. Singh Vsm Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : Constitution of India - Articles 21, 32 and 226; Army Act, 1950 - Sections 45, 52, 57, 60, 63, 71, 153, 154, 156, 158, 160, 164, 164(1), 164(2), 166, 191, 191(2), 192, 193 and 193A; defense Service Regulation - Regulation 472; Army Rules, 1954 - Rules 2, 22, 59, 68, 68(1), 68(2), 68(3), 68(4), 70, 147 and 160

Reported in : 114(2004)DLT792; 2004(77)DRJ480

to pass an order directing revision of sentence of the General Court Martial under Section 160 of the Army Act, 1950 read with Rule 68 of the Army Rules, 1954.(ii)The statutory authority is bound to take into consideration, a … or sentence has been confirmed by the confirming authority and not before the confirmation of the same. Rule 147 of the Rules also lends support to this view. In the said Rule it is laid down that

Union of India (Uoi) and ors. Vs. Ranbir Singh Rathaur and ors. Etc. E ...

Court : Supreme Court of India

Subject : Civil

Acts : Army Act, 1950 - Sections 18, 69 and 165; Official Secrets Act, 1923 - Sections 3(1); Army Rules; Constitution of India - Articles 14, 32 and 310

Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696

were initiated. However, a decision was taken not to try them and administrative order under Section 18 of Army Act, 1950 (in short the 'Act') was passed terminating their services.4. Present appeals relate to the 2 officers punished by … writ petitions - matter remitted to High Court for fresh hearing. - MOTOR VEHICLES ACT, 1988 [C.A. No. 59/1988]Section 147 (Before amendment in 1994); [S.B. Sinha & H.S. Bedi, JJ] Liability of Insurer Accident to Goods carriage carrying

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 … of plea of 'Not Guilty' and after plea of 'Not Guilty'. Rule 147 confers a discretionary power upon the Court to call witness in reply … 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